PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 31st day of August 2023, by the following vote:
AYES: Henderson, Corona, Lenoir, Belong, and Ross
NOES: None
ABSTAIN: None
ABSENT: None
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Christine Hopper, Secretary
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the City Council at their meeting. In addition, the City provides for a 15-day appeal period.
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PLANNING COMMISSION RESOLUTION NO. 2023-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER APPROVING SITE AND ARCHITECTURAL REVIEW 2021-11 FOR A MIXED-USE DEVELOPMENT WITH 157 DWELLUNG UNITS AND 3,750 SQUARE FEET OF COMMERICAL SPACE (LAITH AGHA) LOCATED AT 1550 SAN JUAN ROAD (APN 052-090-008)
WHEREAS, the Applicant, Laith Agha, has submitted an application for Site and Architectural Review (S&A 2021-11) of a mixed-use development with 157 dwelling units and 3,750 square feet of commercial space, a Mitigated Negative Declaration, and an application for Density Bonus (DB 2023-1), located at 1550 San Juan Road; and
WHEREAS, the Applicant has submitted a complete application for the requested entitlements prepared by RRM Design Group received by the Planning Division on August 22, 2023 2023; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City as the Lead Agency circulated a Mitigated Negative Declaration which analyzed potential environmental impacts resulting from the project and the Planning Commission approved the Mitigated Negative Declaration for the proposed Project during a Public Hearing on August 31, 2023; and
WHEREAS, the Development Review Committee considerations were presented to the Planning Commission as part of the Staff Report and the Conditions of Approval for the project; and
WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending approval of a Site and Architectural Review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 31, 2023 to consider Site and Architectural Review 2021-11, review the City Staff Report, and receive written and oral testimony for and against the proposal; and
NOW THEREFORE IT IS RESOLVED that the Planning Commission of the City of Hollister does hereby make the following findings and determinations regarding the proposed Site and Architectural Review:
A. The proposed project is consistent with the goals and polices of the General Plan, any applicable Specific Plan and any applicable design guidelines because:
1. The project site has a General Plan Land Use Designation of West Gateway. The proposed project is a mixed-use development which includes multi-family housing as well as commercial space which is consistent with the General Plan.
2. The proposed project will provide necessary affordable housing for the City in accordance with the General Plan Land Use and Community Design (LUCD) Element Policy LU 7.2.
3. The proposed project is well designed and will enhance the existing site in accordance with Policy LU 8.3.
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4. The proposed project is designed to be compatible with the surrounding area that includes a mixture of dwelling types and commercial uses in accordance with Policy LU 8.4.
5. The commercial and residential buildings are well designed and include a unique architectural style, enhance building materials, varying roof forms and height, architectural details, building step backs, articulation and other elements to ensure a well-designed development in accordance with Policy LU11.1 and LU 11.2.
6. Additionally, the proposed development is well designed and will be an attractive addition to the City as required by the General Plan LUCD Goal LU11 and Housing Element Goal H2 and Policy H2.1 and H2.2.
7. The proposed landscaping for the site will include street trees, landscaping buffers, pedestrian pathways, outdoor amenities, and evergreen and deciduous materials throughout the project site will provide attractive landscaping, screening, and shading and enhance the site as required by LUCD Goal LU3 and Policy LU3.2.
B. The proposed Project, as conditioned, is consistent with the provisions of Title 17, Zoning of the Hollister Municipal Code and Chapter 17.08.020 – 17.08.08.060, Commercial Zone Land Uses and Permit Requirements, and Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards because:
1. The proposed project is designed so that there are no blank walls and each elevation is well designed and includes architectural details, enhanced materials, projections, varying window sizes, and varying roof forms and heights. The commercial building and a portion of the community building will be visible from San Juan Road and these two buildings have been oriented so that an enhanced elevation will be visible. The commercial building has been designed to include an attractive façade which provides a unique tower element and roof forms as well as an outdoor space in front of the building as required by Section
17.08.030(B) of the Zoning Ordinance.
2. The proposed project complies with the required setbacks, height and lot coverage for buildings in the West Gateway (WG) Zoning District.
3. The proposed landscaping complies with Section 17.08.030(G) because the site has been designed to include trees, shrubs, and groundcover throughout the site. Landscaping will be located around the base of buildings and trees will be located throughout the parking lot to provide screening and shade.
4. The proposed buildings include window treatments (trim/frames, shutters, small awnings), attractive feature elements, architectural elements, varied roof forms and massing, wall projections, and a roof above the first floor at the commercial building and therefore a step back of 5 feet above the first floor is not necessary to provide visual interest, because the buildings are well articulated and break up the massing and height of the building as allowed under Section 17.08.050(D).
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5. The proposed project is required to provide a minimum of 64 square feet of private open space for all units above the first floor and 100 square feet for ground floor units. Common open space is required to be available to all residents of the development. The project will provide a total of 82,993 square feet of open space including 20,996 square feet of private open space (minimum of 128 square feet), 59,232 square feet of outdoor open space, and a 2,765 square feet community building which exceeds the requirements of the Zoning Ordinance in Section 17.08.050(A)(5). The common outdoor space includes outdoor seating and dining areas, a small playground, a basketball court, gathering spaces, and landscaped walkways/paths throughout the development with benches.
6. All parking areas are screened from view from the street as required by Section
17.08.030(M), the commercial building is oriented to promote pedestrian activity and access to the site as required by Section 17.08.050(A)(B), and the commercial building includes ground floor commercial space with residential dwellings above and an outdoor gathering space in accordance with Section 17.08.050(C).
C. The proposed development would not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City because:
1. The proposed project complies with all relevant Goals and Policies in the General Plan and all requirements of the Zoning Ordinance,
2. As conditioned, the project proponent will be required to ensure that the access into the development from San Juan Road will line up with the access at the property across the street at Graff Road and San Juan Road (San Juan Crossings) for safety and for conformance with the West Gateway Beautification Plan. Frontage improvements on the property as well as at the gas station, including closing off the northwest entrance, located to the east are also required by the West Gateway Beautification Plan and to ensure safe circulation in the area.
3. A Mitigated Negative Declaration has been prepared to review potential impacts related to the constriction of the proposed project. As noted in the Mitigated Negative Declaration, with incorporation of the identified Mitigation Measures, the proposed project will result in a less than significant impact on the environment.
D. Architectural considerations include the character, scale, and quality of the design, site layout, screening of unsightly uses, lighting, building materials and colors result in a project that is harmonious with its surroundings, is compatible with other developments in the vicinity, and complies with any applicable design guidelines or standards adopted by the City because:
1. The building is well designed with a unique architectural style that will enhance the existing site as well as the surrounding area.
2. The proposed building includes two different roof materials; wood style shutters, trim, and details; gray horizonal lap siding (accent material); and white vertical siding.
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3. The project layout has been designed to orient the commercial building towards the street and to screen trash and parking areas from view.
E. The proposed project is consistent with the requirements of the Municipal Code and applicable Specific Plan related to landscaping and screening, including the location, type, size, water efficiency, and coverage of plant materials to ensure visual relief, adequate screening, and an attractive environment for the public because:
1. The project has been designed to have large common space areas to provide unique amenities for the residents of the development.
2. Landscaping is located throughout the site and includes trees, shrubs, ground cover, benches, pathways, trees within the parking lot.
3. Where possible, street trees have been provided along San Juan Road.
4. As conditioned, the Applicant will landscape all areas within the project site.
F. The site has been designed to ensure adequate parking to serve the project and proper circulation for bicyclists, pedestrians, and automobiles because:
1. Adequate parking is provided to support the development as required by the State Density Bonus Law. The Applicant is required to provide a total of 243 parking spaces under the State Density Bonus Law for the residential units and the commercial space (including the potential use of the commercial space as a restaurant). This site will have a total of 291 parking spaces which exceeds the State Density Bonus requirement.
2. Section 17.18.060(G) of the Zoning Ordinance requires projects to provide bicycle parking that is equal to ten percent (10%) of the total number of parking spaces required. Based on this requirement, the site is required to have 24 bicycle spaces and the Applicant is proposing to have space for 44 bicycles.
CONDITIONS OF APPROVAL
S&A 2021-11
General Conditions
1. Approval. This Site and Architectural Review approval is for the multi-family residential development located at 1550 San Juan Road (S&A 2021-11). The proposed development shall be in -substantial conformance to Exhibit A (Project Plans) prepared by RRM Design Group and dated “Received, August 22, 2023” on file with the Planning Division, and other plans, text and diagrams relating to this Site and Architectural Review, except as modified by the following conditions. The elevations and improvements shall strictly adhere to the approved set of plans unless prior F.2.i
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approval is granted by Director of Development Services for changes.
2. Permit Expiration. In accordance with Section 17.24.130(E)(1) of the Municipal Code, this Site and Architectural Review approval shall expire two (2) years from the date of approval unless a Building Permit is obtained.
3. Time Extension. In accordance with Section 17.24.130(E)(2) of the Municipal Code, the Director of Development Services may extend the time for an approved permit to be exercised upon the Applicant(s) written request for an extension of approval at least 30 (thirty) days prior to expiration of the permit together with the filing fee. If the Director determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Director may renew the permit for up to two additional years.
4. Permit Validity. This Site and Architectural Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project’s conditions of approval.
5. Appeal Period. The building permit plan check package will be accepted for submittal after the completion of the 15-day appeal period for the project, unless the Director of Development Services authorizes the project developer to submit a signed statement acknowledging that the plan check fees will be forfeited in the event that the approval is overturned on appeal or that the design is significantly changed as a result of the appeal. In no case will a building permit be issued until the appeal period has expired or a final action is taken on appeal.
6. Revocation of Permit. The Site and Architectural Review approval shall be revocable for cause in accordance with Section 17.24.350 of the Hollister Municipal Code. Any violation of the terms or conditions of this permit shall be subject to citation.
7. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Hollister and its agents, officers, employees, advisory board from any claim, action, or proceeding against the City of Hollister or its agents, officers, or employees to attack, set aside, void or annul an approval of the City of Hollister or its advisory agency, appeal board, Planning Commission, City Council, Director of Development Services or any other department, committee, or agency of the City related to this project to the extent that such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however that the Applicant/Developer’s duty to so defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the Applicant/Developer of any claim against the City and shall cooperate in the defense.
8. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean and litter free site.
9. Modifications. Modifications or changes to this Site and Architectural Review may be considered by the Director of Development Services if the modifications or changes proposed comply with Section 17.24.130(F) of the Municipal Code.
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10. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage sheds or trailer/container units used for storage or for any other purposes shall be subject to review and approval by the Director of Development Services.
11. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Development Services and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Development Services and City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project.
12. Noise During Construction. Construction activities on the project site must employ noise suppression devices and techniques and shall be limited to the hours of 7:00 a.m. to 6:00 p.m.
Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays and shall be prohibited on Sundays and federally recognized holidays per Ordinance 1137 of the Hollister Municipal Code.
No construction, landscape maintenance or grounds maintenances actives shall occur on federal holidays.
13. Overtime Inspections. Arrangements for overtime inspection services and payment of fees for same shall be made at least 48 hours in advance and are subject to inspection availability and approval by the City Engineer. Alternatively, the Applicant may engage a third-party inspector at its own expense, so long as the identity of such inspector and work is approved in advance in writing by the City. Any work performed without inspection is subject to rejection by the City is in City’s reasonable determination.
14. Fencing/Walls. Perimeter walls or fences shall be architecturally treated and compatible with the predominant architectural style of the site. In addition, anti-graffiti mechanisms such as landscaping or graffiti coating will be required on all new perimeter walls and fences.
15. Code Enforcement. Prior to issuance of a building permit, the applicant shall not be in violation of the City of Hollister Municipal Code involving the project site. More specifically, Section
1.16.100, Refusal to issue permits, license or other entitlements, which states “no department, commission or public employee of the city which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements where there is an outstanding violation involving the property upon which there is a pending application for such permit, license or other entitlement.”
Planning Department - Standard Conditions of Approval
16. Signage. Prior to the installation of any signage the Applicant shall apply for and receive approval of a Sign Program from the Planning Division and any permits required from the Building Division in accordance with Chapter 17.20 of the Hollister Municipal Code.
17. Equipment Screening. All electrical and or mechanical equipment shall be screened from public view. Air conditioning units, ventilation ducts, vents and all other mechanical equipment shall be screened from public view with the materials compatible to and well integrated into the design F.2.i
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of the main building. Any roof-mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Director of Development Services. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Development Services. If installed at grade, units shall be permanently installed on non-moveable materials as reasonably approved by the Building Official and Development Services Director.
18. Colors. The exterior paint colors of the building(s) are subject to City review and approval. The Applicant shall submit proposed color samples for the exterior of the building for review and approval by the Planning Division prior to issuance of a Building Permit. The Applicant may also be required to paint a portion of the building the proposed colors for review and approval by the Development Services Director prior to painting the building(s).
19. Trash and Waste Accumulation. The Applicant or any future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris.
20. Future Modifications. Any future modifications to the exterior of the building or the landscaping shall require review and approval by the City in a manner determined by the Development Services Director.
21. Continuous Maintenance. Prior to occupancy, a plan or agreement for continuous maintenance and management of the building, to include, but not be limited to, paved surfaces, utilities, trash and recycling enclosures, and open space areas such as in the form of Codes Covenants & Restrictions (CC&R's) or a maintenance agreement shall be recorded for building operations and provided to the City. The applicant shall be required to obtain garbage service at the site consistent with approved plans.
Planning Department – Project Specific
22. Affordable Housing Agreement. The applicant shall apply for a Housing Agreement with all information required by the City. Prior to issuance of a building permit for this project, the Applicant shall enter into a Housing Agreement with the City in accordance with the approved Density Bonus (DB 2023-1) for this project.
23. Restrictive Covenant. Prior to Occupancy of the first unit for the project, the Applicant shall file a restrictive covenant, in a form approved by the City, with the San Benito County Recorder which states the total number of affordable units, affordability level of the units, and the period the units must remain affordable as required by the approved Density Bonus (DB 2023-1).
24. Mitigation Measures. The Applicant shall comply with all relevant Mitigation Measures identified in the Mitigated Negative Declaration for this project. Prior to issuance of a Building Permit, the Applicant shall submit a Mitigation Monitoring and Reporting Program (MMRP) and all necessary documentation showing compliance with all mitigation measures for this project.
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25. Site Access. Prior to issuance of a Building Permit, the Applicant shall demonstrate that the driveway/access to 1550 San Juan Road will be aligned with the driveway/access across the street (APN 052-360-004 and -005) to the satisfaction of the Engineering and Planning Division and as required by Mitigation Measure (MM) TRA-1. Demonstration of compliance with this requirement shall include project plans and Agreement(s) with the property owner(s) showing that the driveways will be aligned as required by the West Gateway Beautification Plan and the MM TRA-
1. 26. Driveway and Roadway Improvement Completion. Prior to Occupancy of the first unit, the driveway/access to 1550 San Juan Road, the relocation/alignment with the driveway across the street, and all necessary roadwork required for this project shall be completed.
27. Reciprocal Access. The project at 1550 San Juan Road shall allow for cross access from the property located to the west (1619 San Juan Road APN 052-090-014) as required by Mitigation Measure TRA-2. At such time that construction of a project on the adjacent property begins, the owner of 1550 San Juan Road shall allow the adjacent property to connect to this property and shall file a reciprocal access easement allowing the adjacent property to use 1550 San Juan Road as a secondary access.
28. Community Facilities District. Prior to the issuance of a Building Permit, the Property Owner shall cooperate with the City to facilitate the annexation of the entire project into Community Facilities Districts 4 and 5. The entire project shall be included within the boundaries of the community facilities districts formed pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (California Government Code 53311 et esq.) and be subject to a special tax levied hereunder. The special tax shall be in an amount that is subject to an annual increase in accordance with the designated consumer price index as a January 1 of each year. The property owner shall cooperate with the City to accomplish the inclusion of the project in the community facilities district, either through annexation to an existing district or through the formation of a new district. Such cooperation shall include, but not be limited to, executing and filing with the City Clerk, in a form acceptable to the City Attorney, any approval, consent, or waiver required by the City in order to expedite the inclusion of the project in such a district.
29. Trash and Commercial Building. The doors to the trash enclosure for the commercial building shall remain closed at all times. The area surrounding the trash enclosures shall be regularly swept and kept clean and the interior of the enclosure shall be watered down.
30. Frontage Improvements. The Applicant shall construct all necessary frontage improvements as required by the West Gateway Beautification on the property frontage and extending to close off the closest driveway at the gas station. Should the property owner for the gas station not agree to any improvements on their property, all improvements will be located on 1550 San Juan Road and within the City’s right-of-way.
31. Signage. All signs require approval of a Master Sign Program or Sign Permit from the Planning Division.
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Landscaping – Standard Conditions of Approval
32. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans, all written documentation and an Application Fee as required by Chapter 15.22, Water Efficient Landscape Ordinance, shall be submitted to the Planning Division in conjunction with an application for a building permit. The Plans shall be prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Development Services Director. Plans shall be generally consistent with the conceptual landscape plans prepared by WR&D Architects, LLP received by the Planning Department on July 12, 2022, except as modified by the Conditions listed below or as required by the Director of Development Services. The Plans shall be approved and all landscaping shall be installed prior to Occupancy.
33. Landscaping. The Applicant/Development shall construct all landscaping within the site and along the project frontage. The on-site landscaping shall be to the satisfaction of the Director of Development Services. The street trees on the frontage landscaping shall be a minimum of 36” box, their exact tree locations and varieties shall be approved by the Director of Development Services and the City Engineer.
34. Shrubs. All shrubs shall be continuously maintained including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead, or dying these shrubs shall be immediately replaced with the same species to the reasonable satisfaction of the Director of Development Services.
35. Trees. The Applicant and/or property owner shall continuously maintain all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees.
36. Maintenance of Irrigation. The property owner shall be responsible for maintenance of all on-site landscaping and irrigation systems, which shall be kept in a neat, clean and healthy manner and in compliance with the approved plans. The applicant will maintain the approved landscaping in perpetuity. No trees, shrubs, or plant material shall obstruct site distance of motorists and pedestrians.
Building – Standard Conditions
37. Building Codes and Ordinances. All project construction shall conform to all local and State energy and seismic requirements, all applicable Building and Fire Codes and ordinances in effect at the time of building permit.
38. Building Permits. Prior to any site improvements or construction, the Applicant shall submit a building permit application and receive a building permit from the City Building Division. The Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. All improvements shall strictly adhere to the approved site plan, unless prior approval is granted by the City for changes.
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39. Conditions of Approval. Each set of plans submitted for a building permit shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated Conditions of Approval attached to each set of plans.
40. Code Compliance. All building permit plans shall conform to all local and State energy and seismic requirements and all applicable Building and Fire Codes.
41. Additional Approvals. Prior to building permit issuance, the Applicant shall provide the Building Department with verification that all necessary permits and approvals from the Fire Department and San Benito County Environmental Health Department permits have been obtained.
42. ADA. All requirements of the State Architect for handicapped accessibility shall be met, including but not limited to parking, access ramps and building accessibility facilities.
43. Impact Fees: Prior to occupancy, all impact fees must be paid to the Building Department and shall be based on those in effect at the time of connection. Development impact fees that apply to the project are listed below:
a. Water Connection (City of Hollister)
b. Traffic Impact Fee
c. Sewer Facilities Development Impact Fee
d. Sewer Collection
e. Storm Drainage
f. Police Impact Fee
g. Fire Impact Fee
h. Jail and Juvenile Hall Facilities
For a complete list of all applicable impact fees, please contact the City of Hollister Engineering Department at 831-636-4340. Such list is also made available on our City website, under Engineering Department.
44. Solid Waste Diversion Plan: Prior to a building or demolition permit, the developer shall prepare and submit a solid waste diversion plan for review and approval by the Building Department. The diversion plan shall comply with Chapter 15.04.045 of the City of Hollister Municipal Code by establishing criteria and procedures to divert a minimum of 50% of all construction or demolition waste from being disposed at a landfill.
CONDITIONS OF APPROVAL – ENGINEERING DEPARTMENT
45. Maps. Developer shall prepare map(s) and/or other documents to create easements, including emergency vehicle access easements, public utility easements, and other easements required by the City Engineer to the satisfaction of the City Engineer.
46. Dedication of Improvements and Property. City Engineer will determine the improvements and property that the City will accept dedication.
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47. Improvement on Right-of-Way. Developer shall dedicate, improve, and guarantee by bond full rights-of-way for the following improvements necessary to bring the existing private right-of-ways into full conformance with all applicable City standards: street lighting, street trees, sanitary sewer, water lines, storm drainage, gas, electrical, telephone, cable TV, fiber optic conduits; and all other necessary improvements. All existing overhead utilities shall be undergrounded.
Agreements
48. Development Improvement Agreement. Prior to approval of the Improvement Plans, a signed and notarized Development Improvement Agreement, and all required material necessary to present the development to the City Council, shall be submitted to the City Engineer at least 30 days prior to the Council meeting. The material shall be submitted in a form satisfactory to the City Engineer.
49. Maintenance Agreement. Prior to issuing a certificate of occupancy or a temporary certificate of occupancy, Developer and City shall execute an agreement for the maintenance of private improvements.
Design of Improvements
50. Street Names. Prior to submittal of the Improvement Plans, Developer must submit all proposed private and public street names for any new streets to the City of Hollister Engineering Department for review and approval by emergency services. The approved street names shall be included on improvement plans. Any alterations to the approved street names will need to be re- submitted to the City Engineering Department for review and approval by emergency services.
51. Design. Developer shall design improvements in accordance with City Design Standards, Standard Specifications, and Standard Plans (collectively referred to as “City Standards”), applicable codes and ordinances, geotechnical recommendations, and industry best practices to the satisfaction of the City Engineer.
52. Improvement Plan Package. Developer shall submit a complete Improvement Plans package for review and approval by the City Engineer. The submittal shall include all necessary supporting documentation, required plan checking fees, and all other items required by Hollister Municipal Code Chapter 16 and the City Engineer.
53. Approved Resolution. A complete hard copy of the approved signed resolution shall be included with the submittal of the Improvement /Grading Plans to the City Engineer.
54. Soils Report. As part of the Improvement Plan submission, a geotechnical soils report shall be submitted to comply with the current building code in accordance with the provisions of the City Subdivision Ordinance.
55. Drainage Report. A drainage report shall be submitted for review and approval by the City Engineer. The drainage report shall include, but is not limited to, depiction of all tributary areas F.2.i
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on and to the site, and shall provide all information pertinent to the capability of the proposed drainage facilities to handle the expected post-construction storm water management (LID, runoff control and reduction, water quality treatment, etc.), and flood control measures as required for the site. Additionally, the report shall include or incorporate the grading plan, CSCP, SWCP, and landscape plan for the project.
56. Fire Hydrants. Developer shall coordinate the location of fire hydrants with the City of Hollister Fire Department. The Fire Chief, or his designees shall approve the location of fire hydrants.
Developer shall show the fire hydrants at the approved locations on the Improvement Plans.
57. Water Supply. Developer shall provide calculations to show sufficient water supply for fire suppression for buildings.
58. Connections to Existing City Utilities. Developer shall construct a minimum of two connections to the water distribution system. Developer shall replace existing storm water and sanitary sewer manholes as required by the City Engineer.
59. Sanitary Sewer and Storm Drain Capacity Analysis and Water. Developer shall provide a storm drain system, water distribution system, and sanitary sewer collection system capacity study prior to the submittal of improvement plans or filing a final map. City Engineer shall determine if any offsite improvements are necessary and may require Developer to construct off-site improvements.
60. Utility Meters. Each dwelling unit shall be metered separately for electricity, gas, water, and sewer services. Water meters shall be Radio Read Meters; for details, contact the Community Services Department Utilities Division at (831) 636-4377. Water for irrigation shall be separately metered.
61. AutoCAD and GIS. An electronic copy of the approved design improvements shall be submitted to the Engineering Department in both AutoCAD and GIS format, prior to Improvement or Grading Plan approval, as applicable.
62. Existing Site Conditions. The improvement plans shall clearly show all existing structures, site improvements, utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any pertinent off-site water well and private waste disposal systems that are located within regulated distances to the proposed drainage and utility improvements. The plan shall include the proposed disposition of the improvements and any proposed phasing of their demolition and removal.
63. Existing Easements. The Improvement plans shall show and clarify the extent of all existing public and private easements. Developer shall provide any additional clarification regarding the use and disposition of any water wells. Any private water well service piping that crosses or is proposed to cross an existing or future public right-of-way shall be approved by the City and shall be covered by an Encroachment Agreement to be recorded in a format approved by the City. Developer shall provide any additional clarifications, amendments, and/or quit-claims on any outstanding private easement agreements, as necessary.
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64. Improvements in the Public Right of Way. Developer shall construct improvements, including, but not limited to, sidewalk, curb, gutter, lighting, undergrounding of any existing overheard utilities, irrigation, landscaping, and pavement rehabilitation for the width of the road, as determined by the City Engineer. Improvements may be required beyond the frontage of the property, such as, construction sidewalk to close gaps in the sidewalk network.
65. Residential Fencing. Prior to occupancy, residential fencing shall be installed or replaced along the residential boundary, in accordance with City standards and as required by the City Engineer.
Residential fencing on interior lots shall comply with the fence standards in the Hollister Municipal Code. Fencing of the development shall be placed along all residential boundaries. Double fencing shall not be allowed.
66. Private Utility Services. Developer shall make arrangements for PG&E, AT&T, or any other utilities authorized to operate in the City of Hollister and shall subsequently provide the City Engineer with each utility’s easement needs as part of the initial submittal. Developer shall provide said utility companies with a copy of the final entitlement plans. All such utility work shall be done in accordance with Joint Utility requirements as well as the City of Hollister Specifications and Details.
67. Site Clearance. Prior to receiving issuance of a grading permit, the project site shall be properly cleared of all fences, wells, septic tanks, irrigation pipes, fuel tanks and other structures.
Certificates from the County Environmental Health Department shall be provided to the City Engineer for any well or septic tank abandonment, and from the City Fire Department for abandoned fuel tanks.
68. Storm Water Pollution Prevention Plan (SWPPP). Prior to any site development or grading permit issuance, Developer shall provide evidence of State issued permit and add the WDID number to the grading plan.
69. Post-Construction Storm Water Control Plan (SWCP). Prior to any site development or grading, Developer shall submit a SWCP for review and approval by the Engineering Department. The SWCP shall meet the requirements of the California Regional Water Quality Control Board Central Coast Region, Resolution No. R3-2013-0032 dated July 12, 2013 (PCRs), entitled Post-Construction Storm Water Management Requirements for Development Projects in the Central Coast Region, as applicable and shall address all required post-construction storm water runoff BMP control measures, as applicable. The Developer shall submit the SWCP as part of the plan, for City review and approval. The Developer is advised that the Engineer of Record shall inspect and provide certification to the City of Hollister that all storm water post-construction improvements are properly installed and comply with the approved civil design plans.
70. Grading and Drainage Plan. Prior to any site development or grading, Developer shall submit for review and approval by the Engineering Department a grading plan that complies with Chapter
15.24 “Grading and Best Management Practice Control” and Section 17.16.140 “Stormwater Management” of the Hollister Municipal Code and all subsequent amendments to those codes.
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Low Impact Development (LID) strategies shall be considered and incorporated as part of site planning and design as appropriately feasible.
71. Storm Water and Grading Permit. Prior to issuance any permit for construction, including grading, permit, Developer shall obtain and provide to the City all applicable permits directly associated with the grading activity, including, but not limited to, the State Water Board’s CGP, State Water Board 401 Water Quality Certification, U.S. Army Corps 404 permit, and California Department of Fish and Game 1600 Agreement. Further, the Developer shall provide evidence to the City Engineer that the required permits have been obtained.
72. Water line improvements. The water system improvements shall be subject to the review and approval of the City of Hollister. Water system improvements shall be installed in accordance with the City of Hollister’s standards that are in effect at the time of improvement plan approval.
73. Improvements Prior to Occupancy. To ensure adequate access for emergency response vehicles and water supply for fire suppression, the issuance of any building permit shall be subject to the requirements of City Council Resolution 95-08, A Resolution of the City Council of the City of Hollister Establishing a Policy Relating to Home Construction in Incomplete Subdivisions or any subsequent policy. No certificate of occupancy shall be issued for any unit prior to the completion of such improvements.
74. Development Impact Fee. All development impact fees must be paid prior to receiving final occupancy from the building department. The development impact fees shall be based on those in effect at the time of connection. Developer must pay all development impact fees due to the City and/or the County on the date of the final inspection, or the date the certificate of occupancy is issued for each residence, whichever occurs first.
Development impact fees that apply to the project are listed below:
1. Water (City of Hollister)
2. Traffic
3. Sewer Treatment
4. Sewer Collection
5. Storm Drainage
6. Park
7. Library
8. Police
9. Fire
10. Detention (Jail/Juvenile Hall) Facilities
11. City Hall/City Yard
12. Fair share contribution
For a complete list of all applicable impact fees, please contact the City of Hollister Engineering Department at 831-636-4340. Such list is also made available on our City website, under Engineering Department.
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Note: School Impact Fees, unless otherwise required by law, shall be paid to the school district(s) prior to building permit issuance.
75. Fees. Prior to Improvement or Grading Plan approval, Developer shall pay all fees including, but not limited to, fees required by reimbursement agreements, drainage agreements, improvement plan checking and inspection fees, as well as any applicable fees pursuant to the Public Works Master plan.
76. Water mains and services. At the time of the service inspection, a lay length spacer pipe shall be set in place of the meter and shall be drilled with holes that have a minimum diameter of ¼”, as approved the City inspector.
77. Water Valves. Developer shall construct water valves, including on each leg of a water line tee or cross. The maximum distance between valves shall be 800 ft.
78. Slurry Seal. Prior to the City’s acceptance of the public improvements, the public roads and vicinity roads shall be repaired and slurry sealed with Type II slurry seal or by an alternate method approved by the City of Hollister to the limits required by the City Engineer. Prior to applying slurry seal, striping, pavement markers, and pavement markings shall be removed. After applying slurry seal, the striping, pavement markers, markings, and other improvements shall be installed as shown on the approved plans. Thermoplastic material shall be used for the striping and pavement markings.
79. On-Site Drainage. Developer shall be responsible to maintain all on-site drainage facilities, including underground chambers, bio-filtration basins and conduit (pipe).
80. Encroachment Permit. Developer shall obtain an encroachment permit prior to any work within the existing right of way.
81. Surety. Prior to issuance of a grading permit, Developer shall provide approved surety in the amount of 100% of the Engineers Estimate for Performance surety and Labor and Material surety, pay all applicable fees, provide a work schedule, as well as insurance certificates as required per City Standards and Municipal Code sections 15.24.120 and 15.24.315.
82. Addresses. Prior to building permit issuance, address requests shall be submitted to the Engineering Department along with an AutoCAD file with line work showing the property lines, curb, gutter, and sidewalk.
83. Utility Clearance. No buildings, trees, bushes, other structures shall be placed within ten feet (10’) of the water, storm water, or sanitary sewer improvements unless approved by the City Engineer.
84. Backflows on Sewer Laterals. Developer shall install a backflow prevention device on sewer lateral between the building and the sanitary sewer main. The device shall be maintained and operated by Developer and shall periodically tested by the Developer to ensure the device is working properly.
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85. Garbage Enclosures. The garbage enclosure shall include a solid roof to prevent pollutant discharge and runoff during a rain event. The garbage enclosure floor shall be designed to slope to an interior P-trapped area floor drain and connected to a grease, oil and sand interceptor before plumbing to the sanitary sewer system per the city’s latest engineering standard specifications and details. The floor shall be designed to contain all interior run off and not allow outside storm runoff from entering the garbage enclosure. A sign shall be posted on the front of the garbage enclosure prohibiting the dumping of hazardous materials into the sanitary sewer system. The sign shall be 12 inches wide by 18 inches tall, made of rust proof aluminum, and read “No Hazardous Waste Dumping” in red letters with white background. The sign shall be reviewed and approved by the Engineering Department.
86. Landscape/Irrigation Maintenance. The property owner shall be responsible for maintenance of all on-site landscaping and irrigation systems, which shall be kept in a neat, clean and healthy manner and in compliance with the approved plans. Developer will maintain the approved landscaping in perpetuity. No trees, shrubs, or plant material shall obstruct site distance of motorists and pedestrians.
Construction Activities and Equipment
87. Construction. Developer shall construct improvements in accordance with the approved plans, City Standard and to the satisfaction of the City Engineer. All applicable codes and ordinances, along with the recommendations of the City Engineer and any required Geological Investigation, are to be adhered to. Developer shall construct underground improvements prior to the construction of concrete flatwork and pavement. All construction in the right-of-way shall be completed prior to final building approval.
88. Inspection. City shall inspect construction of improvements. Developer shall schedule inspections not less than 24 hours before the work. Developer shall correct deficiencies identified by City’s inspector immediately unless otherwise agreed to by the City Engineer.
89. Inspection of Underground Improvements. Underground improvements shall be inspected prior to backfilling. If backfill is placed prior to inspection, Developer shall expose the improvements for inspection.
90. Closed Circuit Television (CCTV). Before start of construction and prior to acceptance of the work, Developer shall provide industry-standard CCTV recording of the storm water system and sanitary sewer system, not less than 1,500 feet from site, to the City.
91. Fire Department Access. Developer shall continuously provide Fire Department access to and within the property, including fire hydrant access, circulation routes, passing lanes, and turn- around areas as approved by the Fire Chief.
92. Noise During Construction. Developer shall employ noise suppression devices and techniques for construction activities, including noise suppression devices on equipment, to the satisfaction of the City Engineer.
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93. Construction Equipment. Developer shall maintain construction equipment and properly tune in accordance with manufacturer’s specifications. Equipment shall be checked by a certified visible emissions evaluator. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, 89.112.
94. Construction Hours. Construction activities shall be limited to the hours of 7:00 am to 6:00 pm.
Monday through Friday and 8:00 am to 6:00 pm on Saturdays. Construction activities are prohibited on Sundays and federally recognized holidays per Ordinance 1137 of the Hollister Municipal Code. No Construction, Landscape Maintenance, or Grounds Maintenance activities shall occur on federal holidays.
95. Construction Dust and Emissions. To reduce dust emissions from demolition, grading, and construction activities on the project site, the following language shall be included in all grading and construction plans for the project prior to issuance of demolition or grading permits:
a Dust control measures shall be employed to reduce visible dust leaving the project site.
The following measures or equally effective substitute measures shall be used:
b When available, recycled water to add moisture to the areas of disturbed soils twice a day, every day, to prevent visible dust from being blown by the wind; c Apply chemical soil stabilizers or dust suppressants on disturbed soils that will not be actively graded for a period of four or more consecutive days; d Apply non-toxic binders and/or hydro seed disturbed soils where grading is completed, but on which more than four days will pass prior to paving, foundation construction, or placement of other permanent cover;
e Cover or otherwise stabilize stockpiles that will not be actively used for a period of four or more consecutive days, or water at least twice daily as necessary to prevent visible dust leaving the site, using raw or recycled water when feasible; f Maintain at least two feet of free board and cover all trucks hauling dirt, sand, or loose materials;
g Install wheel washers at all construction site exit points, and sweep streets if visible soil material is carried onto paved surfaces;
h Stop grading, and earth moving if winds exceed 15 miles per hour; i Pave roads, driveways, and parking areas at the earliest point feasible within the construction schedule;
j Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours of receiving the complaint. The phone number of the Monterey Bay Air Resources District shall also be visible to ensure compliance with Rule 402 (Nuisance); k Limit the area under construction at any one time; and l Construction equipment shall use alternative fuels such as compressed natural gas (CNG), propane, electricity or biodiesel whenever possible.
96. Damage to Existing and New Improvements. Developer shall replace existing and new improvements removed or damaged as determined by the City Engineer.
97. A truck circulation plan and construction management and staging plan shall be included with any demolition, stockpile, grading, or improvement plan submittal. General truck routes shall be F.2.i
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submitted for review and acceptance by the City. The engineer of record shall provide a summary of the extent of cut and fill with estimates on the yards of import and export material. The summary shall include rough grading, utility trench construction, road construction, AC paving, concrete delivery, and vertical construction loading estimates on the existing City of Hollister roadways. Developer shall either: 1) complete roadway deflection testing before and after construction to the satisfaction of the City Engineer and shall complete repairs to the pre- construction condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall propose a pavement repair/replacement program satisfactory to the City Engineer. The roadway impacts analysis and mitigation strategy shall be approved prior to commencing with grading or construction.
98. The public improvement plan submittal shall show all existing and proposed overhead wire utilities. Any existing overhead primary and secondary wiring within the tract boundary shall be undergrounded in conjunction with the project improvements. Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not permitted. Off-site service drops shall be eliminated. The new service feeds for the project shall be completed by underground wiring without a net increase in utility poles. Terminal end utility poles shall be located off-site unless otherwise approved by the City.
99. Any widening of streets with existing overhead wire utilities shall include the undergrounding of the existing wiring. The City Engineer may require replacement streetlights per City Standards where streetlights exist on wood poles.
100. Developer shall exhaust all reasonable efforts to eliminate or underground the existing overhead wiring located along the tract boundary. The elimination and/or undergrounding shall consider existing services and/or utilization equipment to remain. The plan to eliminate, reduce, or underground the existing services shall be approved to the satisfaction of the City, Caltrans, PG&E, and billboard easement grantee. Undergrounding service to any existing or proposed water well shall consider standard farming operations and the depth of deep ripping. Any proposal for partial undergrounding, waiver, or deferral shall be subject to the approval of the Community Development Director.
101. Preliminary undergrounding plans for the entire project shall be processed through PG&E and any respective wire utility companies in conjunction with public improvement plan submittal. The preliminary PG&E plans/memo shall be provided to the engineer of record and the City for review and approval prior to commencing with the PGE final handout package. The final PGE handout package shall be approved by the engineer of record and City prior to commencing with construction.
102. Temporary Maintenance and Operation of Improvements. Developer shall maintain and operate improvements until acceptance of the improvements or pay a monthly fee for maintenance and operation to the City, as required by the City Engineer.
103. Fair Share Development Contribution Fee. Prior to Improvement Plan approval, Developer shall pay any established fair share development contribution fees for common and planned improvements.
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West Gateway Beautification
104. Improvements shall conform to the approved West Gateway Beautification Plans.
105. Prior to building permit issuance, Developer shall receive approval from the City of Hollister Engineering Department to verify consistency with the West Gateway Beautification plan which includes, but is not limited to, ingress/egresses, driveway alignment, undergrounding of utilities on all frontage roads, lighting and landscaping, and frontage improvements.
106. Prior to building permit issuance, Developer shall provide the engineering department with a copy of a recorded agreement between Developer and neighboring properties describing the terms and understandings among these parties as necessary to comply with the West Gateway Beautification plan.
Project Closeout
107. As-Built Plans. Developer shall provide the City Engineering Department with an electronic pdf and AutoCAD copy of the final as-built plans as well as one Mylar print and one reproduction copy. The final as-built must be updated with all changes made during construction such as additions and deletions, including changes that were made to reflect actual site conditions.
108. Deed Restriction. A deed restriction shall be recorded prior to occupancy for all on-site post construction requirements including, but not limited to, bio-filtration basin chambers and pipe.
This will guarantee maintenance of drainage features.
109. Improvement Warranty. Developer shall warranty improvements for one year. Contractor shall provide a warranty bond prior to acceptance of the improvements.
Fire Department - Standard Conditions
110. Construction and Design Provisions. The construction and design provisions of the fire code shall apply as follows:
a. Structures, facilities and conditions arising after the adoption of this code. b. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
c. Existing structures, facilities and conditions when identified in specific sections of this code.
d. Existing structures, facilities and conditions, which, in the opinion of the Fire Code Official, constitutes a distinct hazard to life and property.
e. Existing Structures, alterations and repairs:
i. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter.
ii. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the external walls of a F.2.i
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building, or result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the existing internal structural and/or non- structural framework, independently or in combinations thereof, within a five- year period, the entire building shall be made to conform to the current provisions of this Chapter.
iii. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans.
The determination under this section of the requirements for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.
111. Occupancy Prohibited Before Approval. The building or structure shall not be occupied prior to the fire code official issuing a permit and conducting associated inspections indicating the applicable provisions of this code have been met.
112. Construction Document Submittals. Construction documents and supporting data shall be submitted in two or more sets with each application for a permit and in such form and detail as required by the Fire Code Official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed.
113. Information on Construction Documents. Construction documents shall be drawn to scale on suitable material. Electronic media documents are allowed to be submitted where approved by the Fire Code Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances rules and regulations as determined by the Fire Code Official.
114. Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate compliance with this code and the construction documents, and shall be approved prior to the start of installation. Shop drawings shall contain all information as required by the referenced installation standards found in Chapter 9 of the California Fire Code.
115. Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with Chapter 49 of the California Fire Code.
116. California Code of Regulations, Title 19, Division 1, §3.07(b) Clearances. The space surrounding every building or structure shall be maintained in accordance with the following:
Any person that owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush covered lands, or grass-covered lands, or any land which is covered with flammable material, shall at all times do all of the following:
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a. Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth.
This section does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure. b. Maintain around and adjacent to any such building or structure additional fire protection or firebreak made by removing all bush, flammable vegetation, or combustible growth which is located from 30 feet to 100 feet from such building or structure or to the property line, whichever is nearer, as may be required by the enforcing agency if he finds that, because of extra hazardous conditions, a firebreak of only 30 feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet from such building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion.
117. Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction.
The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire is must be able to get to roadway on South End. All roadways and parking lots must be paved.
118. Fire Department Access and Egress. Required access roads from every building to a public street shall be all-weather hard surfaced (suitable for use by fire apparatus) right-of-way not less than 20 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street.
Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches.
119. Grade. The grade of fire apparatus access roads shall be no greater than fifteen (15) percent unless specifically approved by the Fire Code Official.
120. Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum of .17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.
121. Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. FIRE LANES TO BE PAINTED ON ALL CURBS IN DEVELOPMENT.
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122. Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall construct with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.
Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained
123. KNOX BOX. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box or other approved emergency access device to be installed in an approved location. The key box or other approved emergency access device shall be of an approved type and shall contain keys or other information to gain necessary access as required by the fire code official. Where a key box is used, it shall be listed in accordance with UL 1037. This jurisdiction utilizes the KNOX Box and Security Systems.
124. Fire flow. Fire-flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method.
125. Fire Hydrants. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Fire hydrant required on property NW.
126. Access Road with a Hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road with shall be 26 feet.
127. Apparatus Road and Equipment. A 30 foot wide entrance and fire sprinkler systems are required for the project. The project shall also allow for future access through the adjacent property as noted in Mitigation Measure TRA-2.
128. Hydrant for Standpipe Systems. Buildings equipped with a standpipe system installed in accordance with Section 905 shall have a fire hydrant within 100 feet (30 480 mm) of the fire department connections.
129. Hydrant Obstruction. Unobstructed access to fire hydrants shall be maintained around the circumference of the fire hydrant at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
130. Clear Space Around Hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved.
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131. Hydrant Protection. Where fire hydrants are subject to impact by a motor means shall comply with Section 312 of the International Fire Code.
132. Identification. Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the fire department.
Approved signs required to identify fire protection equipment and equipment location shall be constructed of durable materials, permanently installed and readily visible.
133. Utility Identification. Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment shall be clearly and legibly marked to identify the unit of space that it serves. Identification shall be made in an approved manner, readily visible and shall be maintained.
134. Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm and suppression systems have been tested and approved.
135. Approved Automatic Sprinkler Systems. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.
FIREPUMP AND BACKUP GENERATOR MAY BE REQUIRED FOR PROPER CACLULATIONS.
136. Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system.
Exceptions:
1. Underground key or hub valves in roadway boxes provided by the municipality or public utility are not required to be monitored.
2. Backflow prevention device test valves located in limited area sprinkler system supply piping shall be locked in the open position. In occupancies required to be equipped with a fire alarm system, the backflow preventer valves shall be electrically supervised by a tamper switch installed in accordance with NFPA 72 and separately annunciated.
137. A Fire Alarm System. A fire alarm system shall be installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with this code. Fire alarm box shall be installed at a locations approved by the enforcing agency.
138. Monitoring. Fire alarm systems, whether required by this chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this section.
139. FDC Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will F.2.i
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not obstruct access to the buildings for other fire apparatus. The location of fire department connection(s) shall be approved by the fire code official.
140. Visible location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire code official.
141. Locking Fire Department Connection Caps. The fire code requires locking caps on fire department connections for water-based fire protection systems where the responding fire department carries appropriate key wrenches for removal. This jurisdiction utilizes the KNOX Box and Security Systems.
142. Clear Space Around Connections. A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections, except as otherwise required or approved by the fire code official.
143. Physical Protection. Where fire department connections are subject to impact by a motor vehicle, vehicle impact protection shall be provided in accordance with Section 312 of the International Fire Code.
144. Signs. A metal sign with raised letters not less than 1 inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections.
Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served.
145. Backflow Protection. The potable water supply to automatic sprinkler and standpipe systems shall be protected against backflow as required by the Health and Safety Code Section 13114.7.
146. Access for Firefighting. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided capable of supporting vehicle loading under all weather conditions. Hollister Fire Department requires all weather hard paved roadway.
147. Maintenance of Egress. Required means of egress and required accessible means of egress shall be maintained during construction and demolition, remodeling or alterations and additions to any building.
Exception: Approved temporary means of egress and accessible means of egress systems and facilities.
148. Water Supply for Fire Protection. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site.
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149. Portable Fire Extinguishers. Structures under construction, alteration, or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 of the International Fire Code and sized for not less than ordinary hazard as follows:
a. At each stairway on all floor levels where combustible materials have accumulated. b. In every storage and construction shed.
c. Additional portable fire extinguishers shall be provided where special hazards exist, including, but not limited to, the storage and use of flammable and combustible liquids.
150. Hazard Identification Signs. Unless otherwise exempted by the fire code official, visible hazard identification signs as specified in NFPA 704 for the specific material contained shall be placed on stationary containers and above- ground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit and at specific entrances and locations designated by the fire code official. Top corner of building below address markings.
151. Carbon Dioxide (CO2) Systems. (USED IN BEVERAGE DISPENSING APPLICATIONS) Emergency alarm system. An emergency alarm system shall comply with all of the following: Continuous gas detection shall be provided to monitor areas where carbon dioxide can accumulate. Activation of the emergency alarm system shall initiate a local alarm within the room or area in which the system is installed.
152. Carbon Dioxide Enrichment Systems. The design, installation and maintenance of carbon dioxide enrichment systems with more than 100 pounds (45.4kg) of carbon dioxide, and carbon dioxide enrichment systems with any quality of carbon dioxide having a remote fill connection, shall comply with Sections 5307.4.1 through 5307.4.7.
153. Access road width with a Hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet.
154. Gates. Gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gate entrances shall be at least the width of the traffic lane but in no case less than 12 feet wide. Where a one-way road with a single traffic lane provides access to a gated entrance, a 40-foot turning radius shall be used. Where gates are to be locked, the installation of a key box, lock or Knox key switch is required.
155. Aerial Fire Apparatus Access Roads. Aerial Fire Apparatus Access Roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of the building or portion thereof.
156. Proximity to Building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building.
157. Addresses for buildings. All buildings shall be issued an address in accordance with jurisdictional F.2.i
Packet Pg. 1463
PC Resolution 2023-21
S&A 2021-11 / 1550 San Juan Road
requirements. Each occupancy, except accessory buildings, shall have its own permanently posted address. When multiple occupancies exist within a single building, each individual occupancy shall be separately identified by its own address. Letters, numbers, and symbols for addresses shall be a minimum of 12-18-inch height t, 1/2-inch stroke, contrasting with the background color of the sign, and shall be Arabic. Address signs shall be and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Permanent address numbers shall be posted prior to requesting final clearance. Address numbers shall be placed on the upper Left/Right of address side of building per AHJ. (12-18 inch height for commercial or multi-family residential.
158. Water Systems. Water systems shall be installed and made serviceable prior to the time of construction. Water systems constructed, extended or modified to serve a new development, a change of use, or an intensification of use, shall be designed to meet, in addition to average daily demand, the standards to meet the local Jurisdiction per NFPA Standard 1142, or other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available.
159. Fire Hydrants and Valves. A fire hydrant or fire valve is required. The hydrant or fire valve shall be 18 inches above grade, 8 feet from flammable vegetation, no closer than 4 feet nor further than 12 feet from a roadway, and in a location where fire apparatus using it will not block the roadway. The hydrant serving any building shall be not less than 50 feet and by road from the building it is to serve. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimensions of 3 inches, located on the driveway address sign, non-combustible post or fire hydrant riser.
160. Final Fire Inspection. To schedule a final fire life safety inspection and pay associated fees please call (831) 636-4325.
Police Department – Standard Conditions
161. Lighting. Prior to occupancy, the Applicant shall provide evening lighting, which is unobtrusive for neighboring parcels, on the project site. All light sources should be fully shielded from off-site view. All lights are to be downcast except where it can be proven to not adversely affect other parcels.
162. Security Contact. Prior to occupancy, the applicant shall provide three security contact persons to the City Police Department every two years. Please provide this to the Community Services Officer (831) 636-4330.
163. Graffiti. The Applicant shall maintain a clean facility and keep walls, fencing, signage, etc. free from graffiti. All graffiti must be removed or painted over within 48 hours of it appearing.
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 31st day of August 2023, by the following vote:
F.2.i
Packet Pg. 1464
PC Resolution 2023-
S&A 2021-11 / 1550 San Juan Road
AYES: Henderson, Corona, Lenoir, Belong, and Ross
NOES: None
ABSTAIN: None
ABSENT: None
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Christine Hopper, Secretary
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the City Council at their meeting. In addition, the City provides for a 15-day appeal period.
F.2.i
Packet Pg. 1465
0 50 100 200
1” = 100’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 T1TITLE SHEET
SAN JUAN APARTMENTSPERSPECTIVE VIEW - San Juan Road
SITE
SAN JUAN RDGR
A
F
R
D
MI
L
L
E
R
R
D
PROJECT DIRECTORY
OWNER:NADAR AGHA
449 ALVARADO STREET
MONTEREY, CA 93940
CONTACT: LAITH AGHA
PHONE: (831)-596-9158
EMAIL: [email protected]
ARCHITECT:RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: RANDY RUSSOM
PHONE: (805)-543-1794
EMAIL: [email protected]
LANDSCAPE ARCHITECT:RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: CHRIS DUFOUR
PHONE: (805)-543-1794
EMAIL: [email protected]
CIVIL ENGINEER:RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: ROBERT CAMACHO
PHONE: (805)-543-1794
EMAIL: [email protected]
PROJECT ADDRESS:1550 SAN JUAN ROAD
HOLLISTER, CA 95023
APN:052-090-008
DESIGNER SIGNATURE
PROJETCT DESIGNER:RANDALL RUSSOM, ARCHITECT
RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
PRINT NAME:
SIGNATURE: DATE:
AFFORDABLE
HOUSING PROPOSAL
THIS PROJECT WILL PROVIDE 10% LOW AFFORDABLE UNITS FOR A TOTAL OF 15 UNITS DISTRIBUTED ACROSS THE SITE WITH UNIT SIZE IN PROPORTION TO TOTAL OF EACH UNIT SIZE PROPOSED. THE PROJECT
REQUESTS PARKING REDUCTIONS IN COMPLIANCE WITH GOV CODE SECTION 65915 (P)(1)(A) AND (B). ADDITIONALLY WE RESERVE THE
RIGHT TO APPLY ONE ADDITIONAL INCENTIVE AS ALLOWED UNDER GOV CODE SECTION 69915(D)(C)(2)(A).
PROJECT DESCRIPTION
PROPOSED NEW CONSTRUCTION OF (8) BUILDINGS ON A 5.54 ACRE SITE IN HOLLISTER, CALIFORNIA. THE PROJECT CONSISTS OF 3 BUILDING TYPES INCLUDING (116,995 SF) RESIDENTIAL, (3,750 SF) COMMERCIAL AND (2,755 SF) COMMUNITY SPACES. A TOTAL OF 157 RESIDENTIAL
UNITS ARE PROPOSED AND DISTRIBUTED BETWEEN THE APARTMENT BUILDINGS AND THE SECOND FLOOR OF THE COMMERCIAL BUILDING.
BUILDING SF BREAKDOWN
SHEET INDEX
T1 TITLE SHEET
A2 EXISTING SITE SURVEY
A3 PROPOSED SITE PLAN
A4 UNIT FLOOR PLANS
A5 GROUND FLOOR PLAN - RESIDENTIAL
A6 SECOND FLOOR PLAN - RESIDENTIAL
A7 THIRD FLOOR PLAN - RESIDENTIAL
A8 ELEVATIONS - RESIDENTIAL
A9 GROUND FLOOR PLAN - COMMUNITY BUILDING
A10 ELEVATIONS - COMMUNITY BUILDING
A11 GROUND FLOOR PLAN - COMMERCIAL BUILDING
A12 SECOND FLOOR PLAN - COMMERCIAL BUILDING
A13 ELEVATIONS - COMMERCIAL BUILDING
A14 COLOR AND MATERIALS
A15 ARCHITECTURAL DETAIL VIGNETTES
A16 SITE SECTIONS
A17 VIEW ANALYSIS PHOTO MATCH PERSPECTIVES
A18 CHARACTER SKETCH - COMMERCIAL BLDG
A19 PERSPECTIVE RENDERING
A20 PERSPECTIVE RENDERING
A21 PERSPECTIVE RENDERING
A22 TRASH ENCLOSURE
C1 CIVIL SITE IMPROVEMENTS & UTILITIES PLAN
C2 CIVIL GRADING AND DRAINAGE PLAN
C3 STORM WATER CONTROL PLAN
C4 FIRE DEPARTMENT NOTES
L1 LANDSCAPE SITE PLAN
TOTAL SHEETS - 27
VICINITY MAP PROJECT STATISTICS
ZONING WG MIXED USE
PARCEL SIZE:5.54 ACRES (241,244 SF)
TOTAL BUILDING
FOOTPRINTS:
68,534 SF
LOT COVERAGE:68,534/241,244 = 28.5%
TOTAL LANDSCAPE:75,219/241,244 = 31%
COMMERCIAL AREA:3,792 SF
MAX. ALLOWED HEIGHT:50 FT.
MAX. PROPOSED HEIGHT:41’- 0” COMMERCIAL BUILDING
22’-11” COMMUNITY BUILDING
42’- 8” RESIDENTIAL BUILDINGS
BUILDING DATA:
(6) APARTMENT BUILDINGS,
EACH WITH:
(9) 1 BEDROOM UNITS
(11) 2 BEDROOM UNITS
(5) 3 BEDROOM UNITS
COMMERCIAL BUILDING:(7) 1 BEDROOM UNITS
UNIT TOTALS: (61) 1 BEDROOM UNITS
(66) 2 BEDROOM UNITS
(30) 3 BEDROOM UNITS
OCCUPANCY TYPES & AREA:
RESIDENTIAL UNITS 116,995 SF (157 UNITS)
COMMERCIAL FUTURE USE 3,792 SF
COMMUNITY SPACE 2,755 SF
OPEN SPACE REQUIREMENTS 500 SF PER UNIT INCLUDING A MIN OF 64 SF PER UNIT PRIVATE OPEN SPACE
TOTAL REQUIREMENT (157) UNITS X 500 SF/UNIT = 78,500 SF
OPEN SPACE AMENITIES COMMON COMMUNITY ROOM
OPEN SPACE PROVIDED:
COMMON OPEN SPACE OUTDOOR COMMON
SPACE
59,232 SF
INDOOR COMMON AREA
(COMMUNITY BLDG)
2,765 SF
PRIVATE OPEN SPACE 1 BED UNIT DECK
23.5’ X 5.5’ (128 SF) X 61
UNITS
7,808 SF
2 BED UNIT DECK
24’ X 5.5’ (133 SF) X 66 UNITS 8,778 SF
3 BED UNIT DECK
23’ X 5.5’ (147 SF) X 30 UNITS 4,410 SF
TOTAL PROVIDED:82,993 SF
PARKING
AUTO PARKING CALCULATION SPACE
COUNT
PARKING REQUIRED:
(BASE REQUIREMENT PER
DEVELOPMENT CODE)
RESIDENTIAL 1-BEDROOM = 1.5 SPACES/UNIT
(1.5 X 61 = 91.5 SPACES)
91.5 2-BEDROOM = 1.5 SPACES/UNIT
(1.5 X 66 = 99 SPACES)
99 3-BEDROOM = 2 SPACES/UNIT
(2 X 30 = 60 SPACES)
60 COMMERCIAL 1 SPACE PER 250 SF
(3,791 SF/250 SF = 15 SPACES)
15 GUEST PARKING 0.25 SPACE PER UNIT
(157 X 0.25 = 39.25 SPACES)
39.25 TOTAL REQUIRED 91.5 + 99 + 60 + 15 + 39.25 = 304.91 304.91 PARKING REQUIRED:
(REQUIREMENTS FOR
PROJECTS PROVIDING
AFFORDABLE HOUSING)
PROPOSED PROJECT TO PROVIDE 10%
LOW AFFORDABLE PER GOV. CODE
SECTION 65915 (B)(1)(A).
PER GOV. CODE SECTION 65915 (P)(1)
(A) AND (B), THE PROJECT REQUESTS
THE APPLICATION OF PARKING IN THE
FOLLOWING RATIOS:
RESIDENTIAL
(CALCULATIONS ARE
INCLUSIVE OF ALL GUEST
& HANDICAP PARKING)
(A) 1-BEDROOM: 1 ONSITE PARKING
SPACE/UNIT
(1 X 61 = 61)
61 (B) 2 OR 3-BEDROOMS: 2 ONSITE
PARKING SPACES/UNIT
(2 X 96 = 192)
192
COMMERCIAL 1 SPACE PER 250 SF
(3,791 SF/250 SF = 15 SPACES)
15 GUEST PARKING NONE REQUIRED 0
TOTAL REQUIRED 268
PARKING PROVIDED
STANDARD 166
ACCESSIBLE 10
COMPACT 17
COVERED 96
TOTAL PROVIDED 291
BICYCLE PARKING
PARKING REQUIRED:PER MUNICIPAL CODE:
10% OF AUTO PARKING REQUIRED 27
TOTAL PROVIDED:44
COMMUNITY BUILDING SF
UNCONDITIONED EXTERIOR COVERED SPACE:
GROUND FLOOR:638 SF
CONDITIONED:
GROUND FLOOR:3,011 SF
COMMERCIAL BUILDING SF
UNCONDITIONED EXTERIOR COVERED SPACE:
GROUND FLOOR:749 SF
SECOND FLOOR:508 SF
CIRCULATION:500 SF
CONDITIONED:
GROUND FLOOR:3,791 SF
SECOND FLOOR:3,521 SF
TOTAL GROSS SF:7,321 SF
RESIDENTIAL BUILDING SF (6 BUILDINGS)
UNCONDITIONED COVERED SPACE:
GROUND FLOOR:567 SF
SECOND FLOOR:1,853 SF
THIRD FLOOR:1,205 SF
TOTAL GROSS SF:2,978 SF
GARAGE: 4,736 SF
CIRCULATION:1271.70 + 940.89 + 940.89 = 3,153 SF
CONDITIONED:
GROUND FLOOR:5,451 SF
SECOND FLOOR:8,765 SF
D FLOOR:8,765 SF
TOTAL GROSS SF:22,981 SF
F.2.j
Packet Pg. 1466
0 50 100 200
1” = 100’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A2EXISTING SITE SURVEY
F.2.j
Packet Pg. 1467
0 15 30 60
1” = 30’-0”11X17 SHEET
UP
UP
DN
C
C
C
C
C
CCC
C
C
C
C
C
C
C
C
KEEP
CLEAR
PP
PP
PP
COM
MH
FH
WV
HB
WELL
WELL
C
O
N
C
P
A
D
CONC PAD
GRAVEL
EP
EP
EP
8"T
(2)36"T
36"T
76"T
28"T
(2)12"T
TOE
TOP
TOP
100
100
1 0
0 90
9 5
SAN JUAN ROAD
TYPE 1
BBQ
TYPE 1
B B
1 3
2 13
2 2
B
B
TYPE 1
B
SAN JUAN ROAD
SAN JUAN ROAD
PARCEL 5
PARCEL 6
PARCEL 4
APN 052-090-014
APN 052-090-015
APN 052-091-017PARCEL 2
APN 052-090-009
BUILDING 3BUILDING 5
BUILDING 6
BUILDING 7
BUILDING 8
BUILDING 1
BUILDING 2
BUILDING 4
22' - 7"
37' - 0"
24' - 3"
24' - 4"
15' - 6"
8' - 0"
23' - 7"
14' - 3"
10' - 0"
14' - 4"14' - 3"10' - 0"
24' - 3"
10' - 0"
14' - 3"
24' - 4"
14' - 3"10'
1 AS104
1 1416
2839
71 98
102
106
156
165
172
182
194
195
26' - 1"
20' - 0"
10' - 0"
16' - 1"
10' - 0"
17' - 0"20' - 0"
45' - 9"
3 AS104
2 AS104
2 AS104
AS1011433-03-RS20 - Hollister Apartments
SITE PLAN
ORIGINAL 6/30/21 REVISED 12/20/21
1" = 30'-0"1 SCHEMATIC SITE PLAN
PROJECT DATA
SITE DATA
SITE ADDRESS:1550 SAN JUAN ROAD
SITE AREA:241,244 SF
ZONING:WG MIXED USE
AP#:052-090-008
BUILDING FOOTPRINT:68,534 SF
LOT COVERAGE:68,534 / 241,244 = 28.5%
TOTAL LANDSCAPE:75,219 / 241,244 = 31%
COMMERCIAL AREA:3,750 SF
BUILDING DATA
(6) APARTMENT BUILDINGS,(9) 1 BEDROOM UNITS
EACH WITH:(11) 2 BEDROOM UNITS
(5) 3 BEDROOM UNITS
(1) COMMERCIAL BUILDING:(7) 1 BEDROOM UNITS
UNIT TOTALS:(61) 1 BEDROOM UNITS
(66) 2 BEDROOM UNITS
(30) 3 BEDROOM UNITS
TOTAL UNITS:157 UNITS
SQUARE FOOTAGE:
1 BEDROOM UNIT 525 SF X 61 UNITS = 32,025 SF
2 BEDROOM UNIT 800 SF X 66 UNITS = 52,800 SF
3 BEDROOM UNIT 973 SF X 30 UNITS = 29,170 SF
TOTAL SF:116,995 SF
OPEN SPACE REQUIREMENTS
(1) 137 SF MIN. BALCONY PER UNIT
(157) UNITS X 500 SF PER UNIT 78,500 SF
OPEN SPACE AMENITIES:
-COMMON COMMUNITY ROOM
PARKING REQUIREMENTS (PER AFFORDABLE HOUSING
GOV CODE SECTION 65915 (b)(1)(A)
1 BEDROOM: 1 SPACE/UNIT
1.0 x 61 =61 SPACES
2 BEDROOM: 2 SPACES/UNIT
2.0 x 66 =132 SPACES
3 BEDROOM: 2 SPACES/UNIT
2.0 x 30 =60 SPACES
GUEST PARKING:NONE REQUIRED
COMMERCIAL:
(1 PER 250SF=3750/250SF)15 SPACES
TOTAL REQUIRED:
(61+132+60+15) =268 SPACES
STANDARD
(18'-0"x 9'-0", 2'-0 OF WHICH CAN OVERHANG LANDSCAPE
AREAS)
COMPACT SPACES:
(16'-0" x 8'-6") 40% COMPACT ALLOWED
TOTAL SPACES PROVIDED:
OFFSTREET PARKING
STANDARD 178 SPACES
COMPACT 17 SPACES
COVERED PARKING 96 SPACES
TOTAL PROVIDED:291 SPACES
BICYCLE PARKING
TOTAL REQUIRED = 268 X .10 =27 SPACES
TOTAL PROVIDED:44 SPACES
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A3PROPOSED SITE PLAN
ARCHITECTURAL SITE PLAN
1" = 30'-0" (24 X 36 SHEET)1
FUTURE OPENING FOR ACCESS
TO ADJACENT PARCEL AT THIS
LOCATION
F.2.j
Packet Pg. 1468
0 2 4 8
1/4” = 1’-0”11X17 SHEET
23' - 6"
14' - 5"6' - 6"2' - 7"
12 '
-
1 "
3'
-
1 1
"
5'
-
5 "
2'
-
7 "
24 '
-
0 "
11' - 11"11' - 7"
4' - 11"
2'
-
1 1
"
23' - 6"
LIVING M. BED
CLO
CLO
BATH
KIT / DIN
DECK LNDRY
DECK DEPTH
5' - 6"
21' - 0"
2' - 6"
542 SF UNIT
128 SF DECK
A4011433-03-RS20 - HOLLISTER APARTMENTS
ENLARGED UNIT PLANS
Issue Date
1/4" = 1'-0"1 1 BED PLAN
29' - 9"
6' - 5"4' - 7"15' - 7"
6' - 7"
7' - 11"
9' - 10"
DECK DEPTH
5' - 6"
24' - 3"
36' - 2"
BED 1
CL
BATH
CL
CL
ENTRY
BATH
CL
BED 2
KIT / DIN
DECK LNDRY.
LIVING
24' - 0"
836 SF UNIT
133 SF DECK
A4021433-03-RS20 - HOLLISTER APARTMENTS
ENLARGED UNIT PLANS
Issue Date
1/4" = 1'-0"1 2 BED PLAN
BED 3
CLO
BATH
BED 2
HALL
CLO
LIVING
KIT / DIN
ENTRY
M. BATH
CLO
M. BED
DECKLNDRY
12' - 1"10' - 3"13' - 2"5' - 7"5' - 5"1' - 1"
47' - 7"
12' - 2"
2' - 8"
2' - 1"
8' - 9"
DECK DEPTH
5' - 6"
23' - 0"3' - 6"
6' - 0"
12' - 10"
8' - 0"
2' - 9"
23' - 7"
10' - 5"13' - 10"11' - 4"
6' - 7"
2' - 4"
2' - 11"
1' - 6"
7' - 1"
4' - 11"
5' - 10"
4' - 7"6' - 5"
3' - 9"6' - 6"
STOR
1018 SF UNIT
146 SF DECK
4' - 11"
1433-03-RS20
1/4" = 1'-0"1 3 BED PLAN
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A4UNIT FLOOR PLANS
UNIT PLAN - 1 BEDROOM -542 SQFT
1/4" = 1'-0" (24 X 36 SHEET)1 UNIT PLAN - 2 BEDROOM - 836 SQFT 1/4" = 1'-0" (24 X 36 SHEET)2 UNIT PLAN - 3 BEDROOM -1,018 SQFT 1/4" = 1'-0" (24 X 36 SHEET)3
1 BEDROOM UNIT
UNCONDITIONED EXTERIOR COVERED SPACE:
PRIVATE DECK:128 SF
CONDITIONED:
FLOOR AREA:542 SF
2 BEDROOM UNIT
UNCONDITIONED EXTERIOR COVERED SPACE:
PRIVATE DECK:133 SF
CONDITIONED:
FLOOR AREA:836 SF
3 BEDROOM UNIT
UNCONDITIONED EXTERIOR COVERED SPACE:
PRIVATE DECK:147 SF
CONDITIONED:
FLOOR AREA:1018 SF
F.2.j
Packet Pg. 1469
UP
UP
2'
-
0 "
21 '
-
1 "
27 '
-
0 "
8'
-
6 "
5'
-
6 "
GARAGE
GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE ACCESSIBLE GARAGE 8' - 5"27' - 7"13' - 11"24' - 3"20' - 8"53' - 7"9' - 0"12' - 10"29' - 7"
CORRIDOR
5'
-
7 "
5'
-
6 "
5'
-
7 "
23 '
-
1 1
"
23 '
-
7 "
5'
-
6 "
UNIT 101
(2 BED)
UNIT 102
(1 BED)
UNIT 103
(3 BED)
UNIT 104
(2 BED)
UNIT 105
(2 BED)
GARAGE
GARAGE
GARAGE
STOR.
TYP
23' - 1"
TYP
6' - 5"
TYP
22' - 2"
5' - 0"
4' - 0"45' - 9"15' - 4"71' - 8"36' - 4"5' - 8"
199' - 9"
5' - 2"
GARAGE GARAGE
13' - 6"
12' - 10"
GARAGE
STAIRS STAIRS
64' - 1"58' - 7"
199' - 9"
10' CLR MIN
10' - 1"
20' CLR MIN
20' - 2"
TYP
10' - 6"
16' - 2"
20' CLR MIN
20' - 1"
TYP.
10' - 2"
15' - 4"
12' - 0"
TYP
10' - 6"
MAINT.
23' - 1"
STOR.STOR.STOR.STOR.STOR.STOR.STOR.STOR.
TYP.
5' - 6"
TYP.
5' - 0"
21' - 2"
COVERED DECK LADRY.
COVERED DECK LNDRY.COVERED DECK LNDRY.LNDRY.COVERED DECK
COVERED DECK
LNDRY.
A1011433-03-RS20 - HOLLISTER APARTMENTS
FIRST FLOOR PLAN
Issue Date
1/8" = 1'-0"1 LEVEL 1 0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A5GROUND FLOOR PLAN - RESIDENTIAL
GROUND FLOOR PLAN
1/8" = 1'-0" (24 X 36 SHEET)1 RESIDENTIAL BUILDING SF (6 BUILDINGS) UNCONDITIONED COVERED SPACE:
GROUND FLOOR:567 SF
SECOND FLOOR:1,853 SF
THIRD FLOOR:1,205 SF
TOTAL GROSS SF:2,978 SF
GARAGE: 4,736 SF
CIRCULATION:1271.70 + 940.89 + 940.89 = 3,153 SF
CONDITIONED:
GROUND FLOOR:5,451 SF
SECOND FLOOR:8,765 SF
D FLOOR:8,765 SF
TOTAL GROSS SF:22,981 SF
F.2.j
Packet Pg. 1470
DN
DN
UP
CORRIDOR
UNIT 201
(2 BED)
UNIT 202
(1 BED)
UNIT 203
(3 BED)
UNIT 204
(2 BED)
UNIT 205
(2 BED)
UNIT 206
(1 BED)
UNIT 207
(1 BED)
UNIT 208
(1 BED)
UNIT 209
(2 BED)
UNIT 210
(3 BED)
199' - 9"
STAIRS
STAIRS
5' - 6"
5' - 7"
23' - 11"
23' - 7"
8' - 5"27' - 7"13' - 11"24' - 3"11' - 7"9' - 1"53' - 7"9' - 0"12' - 10"23' - 11"5' - 8" 199' - 9"
22' - 7"
27' - 6"
8' - 6"
5' - 6"
UNCOVERED DECK
64' - 1"
5' - 6"
64' - 1"
4' - 0"21' - 2"45' - 9"16' - 1"70' - 11"41' - 11"
COVERED DECKSTOR.LNDRY.LNDRY.COVERED DECK LNDRY.COVERED DECK COVERED DECK LNDRY.LNDRY.COVERED DECK LNDRY.
COVERED DECK
COVERED DECKLNDRY.LNDRY.COVERED DECKLNDRY.COVERED DECK
LNDRY.COVERED DECK
A1021433-03-RS20 - HOLLISTER APARTMENTS
SECOND FLOOR PLAN
Issue Date
1/8" = 1'-0"1 LEVEL 2 0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A6SECOND FLOOR PLAN - RESIDENTIAL
SECOND FLOOR PLAN
1/8" = 1'-0" (24 X 36 SHEET)1
F.2.j
Packet Pg. 1471
DN
CORRIDOR
UNIT 301
(2 BED)
UNIT 302
(1 BED)
UNIT 303
(3 BED)
UNIT 304
(2 BED)
UNIT 305
(2 BED)
UNIT 306
(1 BED)
UNIT 307
(1 BED)
UNIT 308
(1 BED)
UNIT 310
(3 BED)
UNIT 309
(2 BED)
199' - 9"
STAIRS
STAIRS
5' - 6"
23' - 7"
23' - 11"
5' - 7"
199' - 9"
8' - 5"27' - 7"14' - 2"24' - 1"11' - 7"9' - 1"53' - 7"9' - 0"12' - 10"23' - 11"5' - 8" 22' - 7"
27' - 6"
8' - 6"
5' - 6"
4' - 0"21' - 2"45' - 9"16' - 1"70' - 11"41' - 11"
58' - 7"
64' - 1"
COVERED DECK LNDRY.LNDRY.COVERED DECK LNDRY.COVERED DECK COVERED DECK LNDRY.LNDRY.COVERED DECK
COVERED DECK
COVERED DECKLNDRY.LNDRY.COVERED DECKCOVERED DECK LNDRY.
COVERED DECK LNDRY.
LNDRY.
A1031433-03-RS20 - HOLLISTER APARTMENTS
THIRD FLOOR PLAN
1/8" = 1'-0"1 LEVEL 3
0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A7THIRD FLOOR PLAN - RESIDENTIAL
THIRD FLOOR PLAN
1/8" = 1'-0" (24 X 36 SHEET)1
F.2.j
Packet Pg. 1472
0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A8ELEVATIONS - RESIDENTIAL
RIGHT ELEVATION-RESIDENTIAL BUILDING
1/8 = 1'-0" (24 X 36 SHEET)3
FRONT ELEVATION-RESIDENTIAL BUILDING
1/8 = 1'-0" (24 X 36 SHEET)2
DRIVE-AISLE ELEVATION-RESIDENTIAL BUILDING
1/8 = 1'-0" (24 X 36 SHEET)1
LEFT ELEVATION-RESIDENTIAL BUILDING
1/8" = 1'-0" (24 X 36 SHEET)4
0’-0”
GROUND F.F.
9’-1”
FIRST T.O.P.
42’-8”
MAX PROPOSED HEIGHT
19’-4 3/4”
SECOND T.O.P.
29’-8 1/2”
THIRD T.O.P.
10’-3 3/4”
LEVEL 2
20’-7 1/2”
LEVEL 3
0’-0”
GROUND F.F.
9’-1”
FIRST T.O.P.
42’-8”
MAX PROPOSED HEIGHT
19’-4 3/4”
SECOND T.O.P.
29’-8 1/2”
THIRD T.O.P.
10’-3 3/4”
LEVEL 2
20’-7 1/2”
LEVEL 3
0’-0”
GROUND F.F.
9’-1”
FIRST T.O.P.
42’-8”
MAX PROPOSED HEIGHT
19’-4 3/4”
SECOND T.O.P.
29’-8 1/2”
THIRD T.O.P.
10’-3 3/4”
LEVEL 2
20’-7 1/2”
LEVEL 3
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
9’
-
1 ”
F.2.j
Packet Pg. 1473
100
4'X3'4'X3'4'X3'4'X3'4'X3'
10' - 0"10' - 0"
10' - 0"
10' - 0"
20' - 0"
1433-03-RS20 - Hollister Apartm
ENLARGED COMMUNITY SIT
ORIGINAL 6/30/2021 REVISED 1
1/8" = 1'-0"1 ENLARGED COMMUNITY SITE PLAN
0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A9GROUND FLOOR PLAN - COMMUNITY BUILDING
GROUND FLOOR PLAN-COMMUNITY BUILDING
1/8" = 1'-0" (24 X 36 SHEET)1
COMMUNITY SPACE
ACCESSIBLE
PARKING
OUTDOOR COMMON
SPACE
SIDEWALK
COMMUNITY PARKING
COMMUNITY
PARKING
SIDEWALK
ROAD A
ROAD B
COMMUNITY BUILDING SF
UNCONDITIONED EXTERIOR COVERED SPACE:
GROUND FLOOR:638 SF
CONDITIONED:
GROUND FLOOR:3,011 SF
F.2.j
Packet Pg. 1474
0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A10ELEVATIONS - COMMUNITY BUILDING
EAST ELEVATION-COMMUNITY BUILDING
1/8" = 1'-0" (24 X 36 SHEET)3
WEST ELEVATION-COMMUNITY BUILDING
1/8" = 1'-0" (24 X 36 SHEET)1 NORTH ELEVATION-COMMUNITY BUILDING 1/8" = 1'-0" (24 X 36 SHEET)2
SOUTH ELEVATION-COMMUNITY BUILDING
1/8" = 1'-0" (24 X 36 SHEET)4
0’-0”0’-0”
10’-1”10’-1”
GROUND F.F.GROUND F.F.
FIRST T.O.P.FIRST T.O.P.
11’-3 3/4”11’-3 3/4”
LEVEL 2 LEVEL 2
22’-11”22’-11”
MAX PROPOSED HEIGHT MAX PROPOSED HEIGHT
11 ’
-
7 1
/
4 ”
11 ’
-
7 1
/
4 ”
11 ’
-
7 1
/
4 ”
11 ’
-
7 1
/
4 ”
10 ’
-
1 ”
10 ’
-
1 ”
10 ’
-
1 ”
10 ’
-
1 ”
0’-0”0’-0”
10’-1”10’-1”
GROUND F.F.GROUND F.F.
FIRST T.O.P.FIRST T.O.P.11’-3 3/4”11’-3 3/4”
LEVEL 2 LEVEL 2
22’-11”22’-11”
MAX PROPOSED HEIGHT MAX PROPOSED HEIGHT
F.2.j
Packet Pg. 1475
0 4 8 16
1/8” = 1’-0”11X17 SHEET
UP
UP
DN
C
C
C
C
C
KEEP
CLEAR
PP
PP
COM
MH
FH
WV
EP
EP
EP
1 0
0 TY P E 1
TY P E 1
B B
1 AS104
SETBACK
10' - 0"
AS1021433-03-RS20 - Hollister Apartments
ENLARGED COMMERCIAL SITE PLAN
ORIGINAL 6/30/21 REVISED 12/20/21
1/8" = 1'-0"1 ENLARGED COMMERCIAL SITE PLAN SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20 27 JUNE 2023 A11GROUND FLOOR PLAN - COMMERCIAL BUILDING
ENLARGED SITE PLAN - COMMERCIAL BUILDING
1/8" = 1'-0" (24 X 36 SHEET)1
COMMERCIAL SPACE
ACCESSIBLE
PARKING
OUTDOOR COMMON
SPACE
SIDEWALK
COMMERCIAL
PARKING
SIDEWALK
ROAD A
TRASH
ENCLOSURE
COMMERCIAL
PARKING
FUTURE OPENING FOR ACCESS
TO ADJACENT PARCEL AT THIS
LOCATION
F.2.j
Packet Pg. 1476
0 4 8 16
1/8” = 1’-0”11X17 SHEET
UP
UP
DN
DN
DN
61 '
-
1 1
"
9' - 3"59' - 10"3' - 4"13' - 1"
85' - 6"
COMMERCIAL SPACE
STAIRS
STAIRS
ELEVATOR
88' - 6"
61 '
-
1 1
"
24 '
-
3 "
9'
-
9 "
23 '
-
5 "
4'
-
6 "
4'
-
6 "
23 '
-
5 "
12 '
-
9 "
16 '
-
9 "
4'
-
6 "
2' - 6"6' - 0"72' - 6"6' - 0"1' - 6"
4'
-
6 "
23 '
-
5 "
12 '
-
9 "
16 '
-
9 "
4'
-
6 "
85' - 6"
9' - 3"5' - 6"20' - 7"2' - 10"31' - 0"3' - 4"13' - 1"
61 '
-
1 1
"
4'
-
6 "
23 '
-
5 "
9'
-
9 "
19 '
-
9 "
4'
-
6 "
6' - 0"30' - 8"11' - 2"30' - 8"6' - 0"
UNIT 201
(1 BED)
UNIT 202
(1 BED)
UNIT 203
(1 BED)
UNIT 205
(1 BED)
UNIT 207
(1 BED)
COV. DECK COV. DECK COV. DECK
LNDRY.LNDRY.
LNDRY.LNDRY.STOR.
ELEVATOR STAIRS
HALLWAY
UNIT 206
(1 BED)
LNDRY.
1' - 6"
2' - 6"
3' - 0"
86' - 0"
UNIT UNIT 204
(1 BED)
COV. DECK COV. DECK COV. DECK COV. DECKLNDRY.LNDRY.
61 '
-
1 1
"
A10
1433-03-RS20 - HOLLISTER APARTMENTS
FIRST & SECOND FLOOR
2/9/2022
1/8" = 1'-0"1 Level 1
1/8" = 1'-0"2 Level 2
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A12FLOOR PLANS - COMMERCIAL BLDG
GROUND FLOOR PLAN-COMMERCIAL BUILDING
1/8" = 1'-0" (24 X 36 SHEET)1SECOND FLOOR PLAN-COMMERCIAL BUILDING 1/8" = 1'-0" (24 X 36 SHEET)2
COMMERCIAL BUILDING SF
UNCONDITIONED EXTERIOR COVERED SPACE:
GROUND FLOOR:749 SF
SECOND FLOOR:508 SF
CIRCULATION:500 SF
CONDITIONED:
GROUND FLOOR:3,791 SF
SECOND FLOOR:3,521 SF
TOTAL GROSS SF:7,321 SF
F.2.j
Packet Pg. 1477
0 4 8 16
1/8” = 1’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A13ELEVATIONS - COMMERCIAL BLDG
EAST ELEVATION-COMMERCIAL BUILDING
1/8" = 1'-0" (24 X 36 SHEET)3
WEST ELEVATION-COMMERCIAL BUILDING
1/8" = 1'-0" (24 X 36 SHEET)1 NORTH ELEVATION-COMMERCIAL BUILDING 1/8" = 1'-0" (24 X 36 SHEET)2
SOUTH ELEVATION-COMMERCIAL BUILDING
1/8" = 1'-0" (24 X 36 SHEET)4
0’-0”
15’-0”
41’-0”
GROUND F.F.
FIRST T.O.P.
MAX PROPOSED HEIGHT
25’-3 3/4”
SECOND T.O.P.
16’-2 3/4”
LEVEL 2
41’-0”
0’-0”
GROUND F.F.
15’-0”
FIRST T.O.P.
MAX PROPOSED HEIGHT
25’-3 3/4”
SECOND T.O.P.
16’-2 3/4”
LEVEL 2
15 ’
-
0 ”
9’
-
1 ”
15 ’
-
0 ”
9’
-
1 ”
F.2.j
Packet Pg. 1478
Image Location Image Location Image Location Image LocationImage Location Image Location Image Location SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A14COLOR AND MATERIALS BOARD
A B C D E F G
ASPHALT ROOF SHINGLES
PEWTER
STANDING SEAM ACCENT ROOF
GRAY
WINDOWS/DOORS
BLACK
WOOD-LOOK PANELS/TRIM
CEDAR
HORIZONTAL LAP SIDING
GRAY
VERTICAL FIBER CEMENT SIDING
WHITE
EXTERIOR LIGHT FIXTURES
BLACK
A A A
G
B
B
D
D
D
C
C
GC
CC
F
F
E
E E
E
B
G
G
F.2.j
Packet Pg. 1479
0 50 100 200
1” = 100’-0”11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A15DETAIL VIGNETTES
METAL EXTERIOR LIGHT FIXTURES
VERTICAL FIBER CEMENT SIDING
HOGWIRE & POST GUARDRAIL
WOOD-LOOK FIBER CEMENT TRIM
EXPOSED RAFTER TAILS
BOARD & BATTEN FIBER CEMENT SIDING
WOOD-LOOK FIBER CEMENT HEADER
STOREFRONT WINDOW SYSTEM
RAISED LETTER METAL SIGNAGE
EXTERIOR LIGHTING FIXTURES
WOOD-LOOK FIBER CEMENT TRIM BOARD
STANDING SEAM METAL ROOF
STOREFRONT WINDOW SYSTEM
OUTDOOR DINING
RAISED LETTER METAL SIGNAGE
WOOD-LOOK LATTICE DETAIL
EXPOSED RAFTER TAILS
STANDING SEAM METAL ACCENT ROOF
PROJECT ADDRESS SIGNAGE
SUSPENDED METAL AWNING
STOREFRONT SYSTEM
RETAIL VIGNETTE3
BALCONY VIGNETTE1 STAIR TOWER VIGNETTE2
F.2.j
Packet Pg. 1480
0 10 20 40
1” = 20’-0”24X36 SHEET
SITE SECTION 2 (REFER TO SITE PLAN SHEET A3)2
SITE SECTION 3 (REFER TO SITE PLAN SHEET A3)3
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A16SITE SECTIONS
SITE SECTION 1 (REFER TO SITE PLAN SHEET A3)1
F.2.j
Packet Pg. 1481
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A17VIEW ANALYSIS FROM SAN JUAN HOLLISTER ROAD F.2.j
Packet Pg. 1482
HOLLISTER APARTMENTS & MIXED-USE ENTITLEMENTS 20428-06-RS20 05 MAR 2021
1/8” = 1’-0” (24X36 SHEET)
048 16
1/16” = 1’-0” (12X18 SHEET)PERSPECTIVE FROM SAN JUAN RD SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A18PROJECT CHARACTER SKETCH
F.2.j
Packet Pg. 1483
UP
UP
DN
C
C
C
C
C
CCC
C
C
C
C
C
C
C
C
KEEP
CLEAR
PP
PP
PP
COM
MH
FH WV
HB
WELL
WELL
C
O
N
C
P
A
D
CONC PAD
GRAVEL
EP
EP
EP
8"T
(2)36"T
36"T
76"T
28"T
(2)12"T
TOE
TOP
TOP
100
100
1 0
0 90
95 SAN JUAN ROAD
TYPE 1
BBQ
TYPE 1
B B
1 3
2 13
2 2
B
B
TYPE 1
B
SAN JUAN ROAD
SAN JUAN ROAD
PARCEL 5
PARCEL 6
PARCEL 4
APN 052-090-014
APN 052-090-015
APN 052-091-017PARCEL 2
APN 052-090-009
BUILDING 3BUILDING 5
BUILDING 6
BUILDING 7
BUILDING 8
BUILDING 1
BUILDING 2
BUILDING 4
22' - 7"
37' - 0"
24' - 3"
24' - 4"
15' - 6"8' - 0"
23' - 7"
14' - 3"
10' - 0"
14' - 4"14' - 3"10' - 0"
24' - 3"
10' - 0"
14' - 3"
24' - 4"
14' - 3"10'
1 AS104
1 1416
2839
71 98
102
106
156
165
172
182
194
195
26' - 1"
20' - 0"
10' - 0"
16' - 1"
10' - 0"
17' - 0"20' - 0"
45' - 9"
3 AS104
2 AS104
2 AS104
1433-03-RS20 - Hollister Apartmen
SITE P
ORIGINAL 6/30/21 REVISED 12/2
1" = 30'-0"1 SCHEMATIC SITE PLAN
PROJECT
SITE DATASITE ADDRESS:SITE AREA:ZONING:AP#:
BUILDING FOOTPRINT:LOT COVERAGE:TOTAL LANDSCAPE:
COMMERCIAL AREA:
BUILDING DATA(6) APARTMENT BUILDING EACH WITH:
(1) COMMERCIAL BUILDING
UNIT TOTALS:
TOTAL UN
SQUARE FOOTAGE:1 BEDROOM UNIT 525 2 BEDROOM UNIT 800 3 BEDROOM UNIT 973 TOTAL SF:
OPEN SPACE REQUIREME (1) 137 SF MIN. BALCONY P
(157) UNITS X 500 SF PER
OPEN SPACE AMENITIES:-COMMON COMM
PARKING REQUIREMENTSGOV CODE SECTION 6591
1 BEDROOM: 1 SPACE/UN 1.0 x 61 =2 BEDROOM: 2 SPACES/UN 2.0 x 66 =3 BEDROOM: 2 SPACES/UN 2.0 x 30 =GUEST PARKING:COMMERCIAL:(1 PER 250SF=3750/250SF) TOTAL REQUIRED (61+132+60+15) =
STANDARD(18'-0"x 9'-0", 2'-0 OF WHICH AREAS)COMPACT SPACES:(16'-0" x 8'-6") 40% COMPAC
TOTAL SPACES PROVIDED OFFSTREET PARK STANDARDCOMPACTCOVERED PARKIN
TOTAL PROVIDED
BICYCLE PARKINGTOTAL REQUIRED = 268 X
TOTAL PROVIDED:
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A19PERSPECTIVE RENDERING
F.2.j
Packet Pg. 1484
UP
UP
DN
C
C
C
C
C
CCC
C
C
C
C
C
C
C
C
KEEP
CLEAR
PP
PP
PP
COM
MH
FH WV
HB
WELL
WELL
C
O
N
C
P
A
D
CONC PAD
GRAVEL
EP
EP
EP
8"T
(2)36"T
36"T
76"T
28"T
(2)12"T
TOE
TOP
TOP
100
100
1 0
0 90
95 SAN JUAN ROAD
TYPE 1
BBQ
TYPE 1
B B
1 3
2 13
2 2
B
B
TYPE 1
B
SAN JUAN ROAD
SAN JUAN ROAD
PARCEL 5
PARCEL 6
PARCEL 4
APN 052-090-014
APN 052-090-015
APN 052-091-017PARCEL 2
APN 052-090-009
BUILDING 3BUILDING 5
BUILDING 6
BUILDING 7
BUILDING 8
BUILDING 1
BUILDING 2
BUILDING 4
22' - 7"
37' - 0"
24' - 3"
24' - 4"
15' - 6"8' - 0"
23' - 7"
14' - 3"
10' - 0"
14' - 4"14' - 3"10' - 0"
24' - 3"
10' - 0"
14' - 3"
24' - 4"
14' - 3"10'
1 AS104
1 1416
2839
71 98
102
106
156
165
172
182
194
195
26' - 1"
20' - 0"
10' - 0"
16' - 1"
10' - 0"
17' - 0"20' - 0"
45' - 9"
3 AS104
2 AS104
2 AS104
1433-03-RS20 - Hollister Apartmen
SITE P
ORIGINAL 6/30/21 REVISED 12/2
1" = 30'-0"1 SCHEMATIC SITE PLAN
PROJECT
SITE DATASITE ADDRESS:SITE AREA:ZONING:AP#:
BUILDING FOOTPRINT:LOT COVERAGE:TOTAL LANDSCAPE:
COMMERCIAL AREA:
BUILDING DATA(6) APARTMENT BUILDING EACH WITH:
(1) COMMERCIAL BUILDING
UNIT TOTALS:
TOTAL UN
SQUARE FOOTAGE:1 BEDROOM UNIT 525 2 BEDROOM UNIT 800 3 BEDROOM UNIT 973 TOTAL SF:
OPEN SPACE REQUIREME (1) 137 SF MIN. BALCONY P
(157) UNITS X 500 SF PER
OPEN SPACE AMENITIES:-COMMON COMM
PARKING REQUIREMENTSGOV CODE SECTION 6591
1 BEDROOM: 1 SPACE/UN 1.0 x 61 =2 BEDROOM: 2 SPACES/UN 2.0 x 66 =3 BEDROOM: 2 SPACES/UN 2.0 x 30 =GUEST PARKING:COMMERCIAL:(1 PER 250SF=3750/250SF) TOTAL REQUIRED (61+132+60+15) =
STANDARD(18'-0"x 9'-0", 2'-0 OF WHICH AREAS)COMPACT SPACES:(16'-0" x 8'-6") 40% COMPAC
TOTAL SPACES PROVIDED OFFSTREET PARK STANDARDCOMPACTCOVERED PARKIN
TOTAL PROVIDED
BICYCLE PARKINGTOTAL REQUIRED = 268 X
TOTAL PROVIDED:
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A20PERSPECTIVE RENDERING
F.2.j
Packet Pg. 1485
UP
UP
DN
C
C
C
C
C
CCC
C
C
C
C
C
C
C
C
KEEP
CLEAR
PP
PP
PP
COM
MH
FH WV
HB
WELL
WELL
C
O
N
C
P
A
D
CONC PAD
GRAVEL
EP
EP
EP
8"T
(2)36"T
36"T
76"T
28"T
(2)12"T
TOE
TOP
TOP
100
100
1 0
0 90
95 SAN JUAN ROAD
TYPE 1
BBQ
TYPE 1
B B
1 3
2 13
2 2
B
B
TYPE 1
B
SAN JUAN ROAD
SAN JUAN ROAD
PARCEL 5
PARCEL 6
PARCEL 4
APN 052-090-014
APN 052-090-015
APN 052-091-017PARCEL 2
APN 052-090-009
BUILDING 3BUILDING 5
BUILDING 6
BUILDING 7
BUILDING 8
BUILDING 1
BUILDING 2
BUILDING 4
22' - 7"
37' - 0"
24' - 3"
24' - 4"
15' - 6"8' - 0"
23' - 7"
14' - 3"
10' - 0"
14' - 4"14' - 3"10' - 0"
24' - 3"
10' - 0"
14' - 3"
24' - 4"
14' - 3"10'
1 AS104
1 1416
2839
71 98
102
106
156
165
172
182
194
195
26' - 1"
20' - 0"
10' - 0"
16' - 1"
10' - 0"
17' - 0"20' - 0"
45' - 9"
3 AS104
2 AS104
2 AS104
1433-03-RS20 - Hollister Apartmen
SITE P
ORIGINAL 6/30/21 REVISED 12/2
1" = 30'-0"1 SCHEMATIC SITE PLAN
PROJECT
SITE DATASITE ADDRESS:SITE AREA:ZONING:AP#:
BUILDING FOOTPRINT:LOT COVERAGE:TOTAL LANDSCAPE:
COMMERCIAL AREA:
BUILDING DATA(6) APARTMENT BUILDING EACH WITH:
(1) COMMERCIAL BUILDING
UNIT TOTALS:
TOTAL UN
SQUARE FOOTAGE:1 BEDROOM UNIT 525 2 BEDROOM UNIT 800 3 BEDROOM UNIT 973 TOTAL SF:
OPEN SPACE REQUIREME (1) 137 SF MIN. BALCONY P
(157) UNITS X 500 SF PER
OPEN SPACE AMENITIES:-COMMON COMM
PARKING REQUIREMENTSGOV CODE SECTION 6591
1 BEDROOM: 1 SPACE/UN 1.0 x 61 =2 BEDROOM: 2 SPACES/UN 2.0 x 66 =3 BEDROOM: 2 SPACES/UN 2.0 x 30 =GUEST PARKING:COMMERCIAL:(1 PER 250SF=3750/250SF) TOTAL REQUIRED (61+132+60+15) =
STANDARD(18'-0"x 9'-0", 2'-0 OF WHICH AREAS)COMPACT SPACES:(16'-0" x 8'-6") 40% COMPAC
TOTAL SPACES PROVIDED OFFSTREET PARK STANDARDCOMPACTCOVERED PARKIN
TOTAL PROVIDED
BICYCLE PARKINGTOTAL REQUIRED = 268 X
TOTAL PROVIDED:
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A21PERSPECTIVE RENDERING
F.2.j
Packet Pg. 1486
0 50 100 200
1” = 100’-0” 11X17 SHEET
!
" #
$ !
# % %
"
&
% %
"
# % %
TRASH ENCLOSURE
0 2 4 8
1/4” = 1’-0” 11X17 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 A22TRASH ENCLOSURE
METAL TUBES
WOOD COLUMN
PERFORATED SHEET METAL
EXPOSED WOOD ROOF FRAMING
STANDING SEAM METAL ROOF
CORRUGATED METAL IDING
EXPOSED WOOD ROOF FRAMING
STANDING SEAM METAL ROOF
EXPOSED WOOD ROOF FRAMING
STANDING SEAM METAL ROOF
METAL TUBES
WOOD COLUMN
PERFORATED SHEET METAL
PLAN VIEW1 FRONT ELEVATION2
REAR ELEVATION5LEFT ELEVATION3 RIGHT ELEVATION4
F.2.j
Packet Pg. 1487
0 15 30 60
1” = 30’-0”24X36 SHEET
SS
SS
SS
SS
SS
SS
W
W
W
W
W
W
W
W
W
SD
SD
SD
SD
SD
SD
SD
SD
SD
SS
SS
SS
SD
SD
SD
SD
SD
SD
SD
SD
SD
SS
SS
SS
SS
SS
SS
SS
SS
SS
W
C
C
C
C
C
CCCC
C
C
C
C
C
C
C
X
X
X
X
X
X
X
X
X
X X X
X X X
X
X
X
X
X
X
B-
B
W W W
W
W
SD
SD
W W W W W W
W
W
SD
SD
W W W
W
W
SD
W W W
W
SS SS SS SS
SS
SS SS
SS SS SS SS SS
SS
S
S
S
S S
FW FW FW
SD SD
FW
FW FW FW FW FW FW
FW
FW
FW FW FW
FW
FW
FW FW FW
WFW
D
D
D
SD D
D
D
D
D
D
D
D
SD
D
D
SD SD SD SD SD SD
SD SD SD
SD
S
D
D
D
SD
D
D
SD SD SD SD SD SD
SD
D
D
D
D
D
D
S
S
D
D
D
(INV DEPTH = -14.35)
BUILDING 8
BUILDING 7
BUILDING 1
BUILDING 2
BUILDING 3BUILDING 5
BUILDING 6
BUILDING 4
95.05 FF 96.80 FF
97.05 FF
96.70 FF
94.50 FF
96.60 FF
96.70 FF
100.10 FF
96.5 RIM
87.7 INV
94.7 RIM
89.7 INV
96.1 RIM
89.4 INV
97.0 RIM
88.3 INV
96.3 RIM
87.8 INV
97.4 RIM
87.2 INV
A-
A
REMOVE AND REPLACE
EXISTING CURB INLET,
24" STORM DRAIN AND
48" MANHOLE
EXISTING 36"
STORM DRAIN
EXISTING 12"
POTABLE WATER
EXISTING 21" SEWER
EXISTING 84" STORM DRAIN
2 1
4 4
5 5
6 6
5 5
3 33333
3 3
3 3
3 3 3
3 3
3 19
7 19
1919
7 7
REFER TO LANDSCAPE PLANS
FOR SPORT COURTS
REFER TO LANDSCAPE PLANS FOR PLAY AREAS
9 11
11 111213 1213
1213
1213
13 12
1312
13 12
13 12
8 14
15 18
2 17 17
17 17
17 17
10 10
17 17
1616
16 19
7 7
7 7
19 16
16 16
11 11
11 EXISTING 36" SEWER
REMOVE AND REPLACE EXISTING
DRIVEWAY PER CITY STANDARD A-11
REMOVE ±25 LF OF
EXISTING STORMDRAIN
4 4
EXISTING FIRE HYDRANT
16 INSTALL CATCHBASIN
A-
A
A-A
13 '
13 '
5'
31 '
NOTE: SITE FEATURES AND UTILITIES ARE IN CONFORMANCE WITH THE
LATEST VERSION OF THE CITY OF HOLLISTER DESIGN STANDARDS,
STANDARD SPECIFICATIONS, AND STANDARD PLANS, UNLESS OTHERWISE NOTED. UTILITIES SHOWN WITHIN THE SITE WILL BE PRIVATELY MAINTAINED.
PAVEMENT STRUCTURAL SECTION PER STD. A-1
CROSS GUTTER PER STD. A-8
6" CONCRETE CURB
CURB AND GUTTER PER STD. A-8
MOUNTABLE CURB PER DETAIL ON THIS SHEET
FLUSH CONCRETE CURB
SIDEWALK PER STD. A-9
8" REDUCE PRESSURE PRINCIPLE BACKFLOW DEVICE PER STD. B-5 DRIVEWAY APPROACH PER STD. A-11
4' WIDE CONCRETE V-GUTTER
FIRE HYDRANT PER STD. B-1
DOMESTIC WATER SERVICE AND METER
FIRE WATER SERVICE
8" BACKFLOW PREVENTION DEVICE PER STD. B-4
WATER MAIN TIE-IN PER STD. B-7
TYPE 1 STANDARD MANHOLE PER STD. C-1
SEWER LATERAL & CLEANOUT PER STD. C-2
TYPE 2 STANDARD MANHOLE PER STD. D-2
REINFORCED CONCRETE PATH PER LANDSCAPE PLANS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 36
"
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TRENCH
8" FIRE WATER
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24"
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18"
6"
6"
BEDDING
SAND
PRIVATE WATER & FIRE
TRENCH DETAIL
-NTS-
1"
24"
12 "
0. 0
3 '
LI
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INSTALL 12" SMOOTH BAR DOWELS,
18" LONG AT 24" O.C. AT
EXPANSION JOINTS AND COLD
JOINTS, TO BE GREASED OR
SLEEVED AT ONE END.
6" MIN. COMPACTED (95%
OR GREATER)CLASS II
AGGREGATE BASE
6"0.
4 2
'
MOUNTABLE CURB
DETAIL
-NTS-
16' PARKING
2.0%2.0%
26.5' DRIVE AISLE5'
B
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CLASS 2 AGGREGATE BASE
EXISTING GROUNDRETAINING WALL
MOUNTABLE CURB PER
DETAIL ON THIS SHEET
6" CURB
PERMEABLE PAVERS
26' DRIVE AISLE
B
L
D
G
B
L
D
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HMA PAVEMENT OVER
CLASS 2 AGGREGATE BASE
FLUSH CURBFLUSH CURB V-GUTTER PER
DETAIL ON
THIS SHEET
DE
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=
12"
4' V-GUTTER
V-GUTTER
-NTS-
8" MIN. 5-1/2 SACK PC CONCRETE PER
STATE STANDARD SPECIFICATIONS
6" MIN. CLASS 2 AGGREGATE BASE PER
STATE STANDARD SPECIFICATIONS, TYP.
12" MIN. SUBGRADE AT MIN. 95%
RELATIVE COMPACTION
(ASTM TEST METHOD D1557 OR CAL 216)
(4) #4 BARS
EQUALLY
SPACED
#4 BARS AT
4' O.C.
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San Juan Road Apartments
0 feet60
1"=30'
30 90
LEGEND
PRELIMINARY KEY NOTES
C1San Juan Road Apartments
Site Improvements and Utilities
PROPOSED PRIVATE 8" PVC DOMESTIC WATER
8" PVC FIRE WATER IN SHARED TRENCH (SEE DETAIL ON THIS SHEET) PROPOSED PRIVATE 8" PVC SEWER S=0.005 FT/FT MIN
PROPOSED PRIVATE SEWER LATERAL WITH CLEANOUT PER CITY STD. C-2
PROPOSED STORM DRAIN, SEE GRADING & DRAINAGE
PROPOSED CITY STANDARD CURB INLET
PROPOSED ROOF DOWNSPOUT
W
SS
FW
June 23, 2023
PROPOSED AC
PROPOSED BUILDING
PROPOSED CONCRETE
PROPOSED LANDSCAPE AREA
PROPOSED PERVIOUS PAVER AREA
SECTION A-A
1" = 10'
SECTION B-B
1" = 10'
SD
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 C1SITE IMPROVEMENTS & UTILITIES PLAN
F.2.j
Packet Pg. 1488
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
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SD
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SD
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D
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D
D
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D
D
D
D
SD
D
D
SD SD SD SD SD SD
SD SD SD
SD
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D
D
SD
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D
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SD
D
D
D
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D
D
D
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X
X
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X
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X
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X X X
X X X
X
X
X
X
X
X
2%
MA
X
93.50 FL
94.67 TC
94.17 FS
95.54 TC
95.04 FL
95.13 TC
94.63 FL
94.54 TC
94.04 FS
94.20 TC
93.70 FL93.52 TC
93.02 FL
93.31 TC
92.81 FL
92.79 TC
92.29 FS
93.13 TC
92.63 FS
93.58 TC
93.08 FS
92.95 TC
92.45 FS
92.94 TC
92.44 FS
92.36 TC
91.86 FS
92.86 TC
92.36 FS
93.32 TC
92.82 FS
93.48 TC
92.98 FS
94.74 TC
94.24 FS
94.91 TC
94.41 FS 95.88 TC
95.38 FS 96.11 TC
95.61 FS
97.50 TC
97.00 FS
97.34 TC
96.84 FS
96.47 TC
95.97 FL
97.03 TC
96.53 FL
96.76 TC
96.26 FS
97.51 TC
97.01 FS
97.43 TC
96.93 FS
97.43 TC
96.93 FS
96.84 TC
96.34 FL
97.39 TC
96.89 FS
98.38 TC
97.88 FL97.86 TC
97.36 FL
99.97 TC
99.47 FS
99.97 TC
99.47 FS
98.77 TC
98.27 FS
98.01 TC
97.51 FS
98.99 TC
98.49 FS
98.50 TC
98.00 FS
100.10 FF
99.43 FP
97.05 FF
96.38 FP
96.80 FF
96.13 FP
96.70 FF
96.03 FP
95.05 FF
94.38 FP
94.50 FF
93.83 FP
96.60 FF
95.93 FP
96.70 FF
96.03 FP
97.65 TC
97.15 FL
97.30 TC
96.80 FS
96.28 TC
95.78 FS
96.73 TC
96.23 FS
97.42 TC
96.92 FS
96.89 TC
96.39 FS
96.54 TC
96.04 FS
95.96 TC
95.46 FS
94.56 TC
94.06 FS
93.90 TC
93.40 FS
94.56 TC
94.06 FS
94.88 TC
94.38 FS 94.86 TC
94.36 FL
94.35 TC
93.85 FL
94.32 TC
94.32 FS
92.50 TC
92.00 FL
94.90 TC
94.40 FL
95.10 TC
94.60 FS
95.28 TC
94.78 FS
94.92 TC
94.42 FL
96.46 TC
95.96 FL
96.63 TC
96.13 FS
96.45 TC
95.95 FS
93.24 TC
92.74 FS 95.40 TC
94.90 FS
94.77 TC
94.27 FS
94.14 TC
93.64 FS93.51 TC
93.01 FS
92.27 TC
91.77 FS
97.20 TC
96.70 FS
96.28 TC
95.78 FL
94.07 FL
93.80 TC
93.30 FL
100.36 TC
99.86 FL
97.38 TC
96.88 FL
92.85 TC
92.35 FL
93.30 FL
96.3 RIM
91.0 INV
97.3 RIM
89.6 INV
97.1 RIM
84.3 INV
98.2 RIM
87.6 INV (W)
84.1 INV (N)
97.5 RIM
89.4 INV
96.3 RIM
90.1 INV
96.7 RIM
91.2 INV
96.2 RIM
88.7 INV
94.1 RIM
87.6 INV
93.4 RIM
87.3 INV
93.0 RIM
87.0 INV
92.0 RIM
86.5 INV
92.5 RIM
87.0 INV
92.7 RIM
86.4 INV
93.0 RIM
86.2 INV
93.1 RIM
87.2 INV
95.8 RIM
89.5 INV
96.1 RIM
84.9 INV
96.4 RIM
84.7 INV
98.6 RIM
89.1 INV
94.6 RIM
88.0 INV
93.9 RIM
88.3 INV
96.1 FG
99.3±
EG
89.3±
EG
89.0±
EG
95.6 FG
95.1±
EG95.1
FG
92.0±
EG
91.5±
EG
93.7 FG
89.2±
EG
93.5 FG
89.1±
EG
93.0 FG
90.2±
EG
92.8 FG
89.0±
EG
92.5 FG
87.7±
EG
92.3 FG
88.0±
EG
88.3±
EG
88.6±
EG
92.6 FG
92.7 FG
93.3 FG
94.5 FG 94.6
FG
93.6±
EG
93.0 FG
92.9±
EG
93.3 FG
93.5±
EG
93.7 FG
92.5±
EG
94.0 FG
92.8±
EG
94.4 FG
95.6±
EG
94.7 FG
97.1±
EG
95.0 FG
97.6±
EG
95.4 FG
98.8±
EG
95.8 FG
96.3 FG
99.2±
EG
100.2±
EG
96.1 FG
100.6
FG
99.0±
EG
99.9±
EG
92.7 RIM
86.5 INV
92.2 TG
86.7 INV
94.0 TG
88.5 INV
98.5 TG
89.2 INV
96.79 FS
96.74 FS
96.67 FS
96.24 FS
96.11 FS
96.52 FS
96.46 FS
94.70 FS
94.52 FS
94.45 FS
94.42 FS94.79
FS
94.74 FS
94.63 FS
94.53 FS
94.08 FS
94.75 FS94.70
FS
92.90 FS
94.71 FS
96.70 FS
96.15 FS
96.41 FS
97.05 FS
97.33 FS
96.31 FS
96.38 FS 97.21
FS
97.14 FS
97.33 FS
97.61 FS
96.60 FS 96.60
FS
96.70 FS
96.70 FS
96.70 FS
96.80 FS 97.39
FS95.05
FS
95.05 FS
97.05 FS
96.62 FS
97.41 FS
98.35 FS
97.89 FS
97.94 FS
97.3 FG
99.6±
EG
96.9 FG 100.0±
EG
97.9 FG
100.1±
EG
99.3 FG 100.2±
EG
100.0
FG
100.0±
EG 99.91
FS
100.10
FS
100.10
FS
100.10
FS
100.10
FS
100.10
FS
94.1 FG
94.6 FG 94.9
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96.5 FG
96.0 FG
94.1 FG
94.5 FG
93.7 FG
93.9 FG
94.50 FS
94.4 FG
94.4 FG
94.6 FG
94.5 FG
94.50 FS
93.8 FG 94.2
FG93.5
FG
100.08
FS
98.38 FS
98.14 FS
97.0 FG
97.1 FG
97.0 FG
95.4 FG
95.3 FG
95.1 FG
96.7 FG
96.9 FG
94.32 TC
94.32 FS
96.09 TC
96.09 FS
96.1 FG
96.4 FG
96.1 FG
97.05 FS
97.05 FS97.05
FS
95.1 FG
95.0 FG
95.2 FG
94.3 FG
94.0 FG
94.8 FG
94.7 FG
97.2 FG 97.4
FG
96.6 FG
97.5 FG
97.8 FG
93.1 FG
93.41 FS 93.54
FS 93.73
FS
93.87 FS
94.01 FS
94.19 FS
94.33 FS
94.49 FS
94.99 FS 95.15
FS 95.28
FS
95.46 FS
95.60 FS
95.75 FS
95.93 FS
96.06 FS
93.22 FS
93.09 FS
92.96 FS
92.83 FS
92.70 FS
92.56 FS
92.44 FS
94.51 FS
94.74 FS
94.98 FS
95.23 FS
95.44 FS
95.69 FS
95.93 FS
94.50 FS
94.72 FS
94.99 FS
95.21 FS
95.42 FS
95.70 FS
94.66 FS 94.88
FS 95.14
FS 95.38
FS 95.60
FS 95.84
FS 96.09
FS
99.5 RIM
83.8 INV
95.9 RIM
90.3 INV
99.77 FS
94.82 TC
94.32 FS
94.97 TC
94.47 FS
95.94 TC
95.44 FS
93.16 FS
92.01 FS
97.25 TC
96.75 FS
96.10 FS
92.17 TC
91.67 FS
92.49 TC
91.99 FS
97.00 FS
96.39 FS
99.23 FS
94.71 FS
92.90 FS
93.58 FS
94.22 FS
95.13 FS
96.20 FS
100.39 TC
99.89 FL
99.70 TC
99.20 FL
97.79 TC
97.29 FL
STEP GARAGE WITH GRADE, TYP.
STEP GARAGE WITH GRADE, TYP.
STEP GARAGE WITH GRADE, TYP.STEP GARAGE WITH GRADE, TYP.
STEP GARAGE WITH GRADE, TYP.
STEP GARAGE WITH GRADE, TYP.
TOP OF CHAMBER = 89.0
BOTTOM OF CHAMBER = 84.0
TOP OF CHAMBER = 86.5
BOTTOM OF CHAMBER = 81.5
BEGINNING OF WALL
END OF WALL
BEGINNING OF WALL
BEGINNING OF WALL
END OF WALL
(INV DEPTH = -22.24)
(2) RISERS
(2) RISERS
99.50 FS
±88.3 INV
PROPOSED CITY STANDARD CURB INLET
BUILDING 8
BUILDING 7
BUILDING 1
BUILDING 2
BUILDING 3BUILDING 5
BUILDING 6
BUILDING 4
±86.5 INV
95.66 FS
95.66 FS
REMOVE
EXISTING
TREE
REMOVE
EXISTING
TREES
REMOVE
EXISTING
TREES
REMOVE
EXISTING
TREES
REMOVE EXISTING
TREE CLUSTER
REMOVE
EXISTING
TREES
EXISTING TREE
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San Juan Road Apartments
PROPOSED AC
PROPOSED BUILDING
PROPOSED CONCRETE
PROPOSED LANDSCAPE AREA
PROPOSED PERVIOUS PAVER AREA
0 feet60
1"=30'
30 90
LEGEND
C2San Juan Road Apartments
Grading and Drainage Plan
PROPOSED CMU BLOCK WALL
PROPOSED SQUARE CONCRETE CATCH BASIN
PROPOSED CITY STANDARD STORM DRAIN MANHOLE
June 23, 2023
RAW CUT 10,150 CY ˗
RAW FILL ˗10,670 CY
STORMTECH CHAMBERS 600 CY ˗
PERMEABLE PAVERS 1,140 CY -
TRENCH SPOILS 3,820 CY ˗
PAVING 2,020 CY ˗
BUILDINGS 1,810 CY ˗
SHRINKAGE 15%˗1,600 CY
TOTAL EARTHWORK 19,540 CY 12,270 CY
CUT FILL
15" SECTION
ASSUMED 3" AC OVER 8" AB
ASSUMED 8" SLAB
AREA OF DISTURBANCE: 5.14 ACRE
THE APPROXIMATE RAW EARTHWORK QUANTITIES SHOWN HEREON REPRESENT
THE ESTIMATED VOLUMETRIC DIFFERENCE CALCULATED BETWEEN THE PROPOSED SUBGRADE AND EXISTING GRADE SURFACE, AND ARE SUBJECT TO CHANGE.
THESE ESTIMATES DO NOT INCLUDE CONSIDERATIONS FOR LOSSES OR BULKING DUE TO: SOIL AMENDMENTS, STABILIZATION, CONSTRUCTION TECHNIQUE, FOOTING & TRENCHING SPOILS, ETC. THESE CONSIDERATIONS, IN ADDITION TO
ACTUAL FIELD CONDITIONS AND THE FINAL RECOMMENDATIONS OF THE
GEOTECHNICAL ENGINEER, MAY SIGNIFICANTLY EFFECT THE FINAL IMPORT/EXPORT QUANTITIES. APPROXIMATE QUANTITIES SHOWN ON THESE PLANS ARE FOR PERMITTING PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE
CONTRACTOR TO CALCULATE ACTUAL QUANTITIES FOR THE PURPOSE OF CONSTRUCTION AND COST ESTIMATES. CONTRACTOR IS ALSO RESPONSIBLE FOR
ADJUSTMENTS TO SLOPE HINGE POINTS IN ORDER TO PROVIDE GRADED PAD
AREA ADJACENT TO PATHS, WALKWAYS, AND ROADS FOR UTILITY BOXES, TRANSFORMERS, AND ABOVE GROUND UTILITY INFRASTRUCTURE.
APPROXIMATE EARTHWORK QUANTITIES
SD PROPOSED PRIVATE STORM DRAIN, 18" DIA. UNLESS
OTHERWISE NOTED
PROPOSED CITY STANDARD CURB INLET
D
GRADING NOTES
1.DRIVEWAYS SHALL HAVE A MINIMUM SLOPE OF 1% AND A MAXIMUM SLOPE OF 7%.
2.THERE SHALL BE A 0.5" LIP AT THE FRONT OF THE GARAGE.
3.GARAGES SHALL HAVE A MINIMUM 1% SLOPE AND A MAXIMUM OF 2% SLOPE.
4.ELEVATION CHANGE FROM GARAGE TO HOUSE FINISH FLOOR SHALL BE 2" MINIMUM AND 1.75' MAXIMUM.
PROPOSED FIRE HYDRANT
PROPOSED WATER VALVE
ABBREVIATIONS
FF FINISHED FLOOR
FP FINISHED PAD
FS FINISHED SURFACE
FL FLOWLINE
TC TOP OF CURB
EG EXISTING GRADE
FG FINISHED GRADE
INV INVERT
TG TOP OF GRATE
PROPOSED ROOF DOWNSPOUT
0 15 30 60
1” = 30’-0”24X36 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 C2GRADING & DRAINAGE PLAN
F.2.j
Packet Pg. 1489
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STORAGE VOLUME = 2,500 CF
SCM 2:
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STORAGE VOLUME = 7,100 CF
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San Juan Road Apartments
PROPOSED IMPERVIOUS
PROPOSED AC
PROPOSED BUILDING
PROPOSED CONCRETE
PROPOSED PERVIOUS
PROPOSED LANDSCAPE AREA
PROPOSED PERVIOUS PAVER AREA
0 feet60
1"=30'
30 90
LEGEND
PROPOSED PRIVATE STORM DRAIN
DMA 1 (62,047 SF)
SD
TIER 1- RUNOFF REDUCTION
·ROOF DRAIN DISCONNECT
·MINIMIZE IMPERVIOUS AREAS
TIER 2 - WATER QUALITY (85th PERCENTILE = 0.8")
·ON-SITE RETENTION-BASED INFILTRATION
TIER 3 - RETAIN 95TH PERCENTILE STORM EVENT (1.2")
·PAVERS WILL SELF-RETAIN AND ADDITIONALLY RETAIN
AND INFILTRATE AN APPROXIMATE IMPERVIOUS AREA
OF 22,400 SF
·STORAGE CHAMBERS WILL RETAIN AND INFILTRATE
APPROXIMATE VOLUME 9,000 CF
TIER 4 - PEAK MANAGEMENT
·STORAGE CHAMBERS ARE SIZED USING A MODIFIED
RATIONAL METHOD AND APPROXIMATED
HYDROGRAPHS TO DETAIN A VOLUME BASED ON
MAXIMUM ALLOWABLE OUTFLOW NOT TO EXCEED 90%
OF PRE-DEVELOPED RATES FOR 2-YEAR THROUGH
100-YEAR STORM EVENTS
PROJECT STATISTICS
REQUIRED STORMWATER CONTROL MEASURES
AREA OF DISTURBANCE:223,941 SF
5.14 AC
(A) EXISTING CONDITION
IMPERVIOUS AREA: 12,635 SF
0.29 AC
PERVIOUS AREA: 211,306 SF
4.85 AC
(B) PROPOSED IMPROVEMENTS
IMPERVIOUS AREA: 125,060 SF
2.87 AC
PERVIOUS AREA:51,496 SF
1.18 AC
SELF-RETAINING AREAS: 47,385 SF
1.09 AC
DMA 2 (161,894 SF)
C3San Juan Road Apartments
Stormwater Management Plan
June 23, 2023
0 15 30 60
1” = 30’-0”24X36 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 C3STORMWATER CONTROL PLAN
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C4San Juan Road Apartments
Fire Department Notes
June 23, 2023
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San Juan Road Apartments
0 15 30 60
1” = 30’-0”24X36 SHEET
SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 C4FIRE DEPARTMENT NOTES
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SAN JUAN APARTMENTS ENTITLEMENT 1433-02-RS20
27 JUNE 2023 L1LANDSCAPE SITE PLAN
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PLANNING COMMISSION RESOLUTION NO. 2023-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING CITY COUNCIL APPROVAL OF A DENSITY BONUS 2023-2 TO WAIVE THE REQUIRED SEWER AND STORM DRAINING IMPACT FEES FOR EIGHT (8) RESIDENTIAL DWELLING UNITS RESTRICTED TO VERY-LOW INCOME HOUSEHOLDS WITHIN THE MIXED-US DEVELOPMENT LOCATED AT 1550 SAN JUAN ROAD (APN 052-090-008)
WHEREAS, the Applicant, Laith Agha, has submitted an application for Site and Architectural Review (S&A 2022-11) of 157 dwelling units and 3,750 square feet of commercial space in a new mixed- use development, a Mitigated Negative Declaration, and an application for Density Bonus (DB 2023-2), located at 1550 San Juan Road; and
WHEREAS, the Applicant has submitted a complete application for the requested entitlements prepared by RRM Design Group received by the Planning Division on August 22,2023; and
WHEREAS, The California Density Bonus Law (Government Code Section 65915 et seq.) and Chapter 17.34, Density Bonus, of the Zoning Ordinance, allows developers to seek incentives or concessions from the City in exchange for providing affordable units within their project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City as the Lead Agency approved a Mitigated Negative Declaration and circulated it for review;
WHEREAS, a Staff Report dated August 31, 2023, and incorporated herein by reference, described and analyzed the Project including the Site and Architectural Review (S&A 2021-11), Mitigated Negative Declaration, and Density Bonus (DB 2023-2); and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 31, 2023 to consider Density Bonus 2023-2, review the City Staff Report, and receive written and oral testimony for and against the proposal; and
NOW THEREFORE IT IS RESOLVED that the Planning Commission of the City of Hollister does hereby make the following findings and determinations regarding the proposed Density Bonus and recommends the City Council approve the Density Bonus:
A. The residential development meets the requirements of Chapter 17.34, Density Bonus, because:
1. The Applicant is proposing to restrict eight (8) dwelling units within the 157 dwelling unit residential portion of the mixed-use development which comprises five percent (5%) of the total number of units to households with very-low income.
2. Residential projects which restrict a minimum of five percent (5%) of the total number of dwelling units to very-low income households quality for a Density Bonus in accordance with Section 17.34.040(A)(2).
3. The Applicant is requesting a waiver of impact fees related to sewer and storm drainage impact fees.
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PC Resolution 2023-22
DB 2023-2 / 1550 San Juan Road
B. The proposed Project provides the required number of Target Units for the proposed affordability Type:
1. A total of eight (8) dwelling units within the 157 dwelling unit residential portion of the mixed-use development, which comprises five percent (5%) of the total number of units, will be restricted to households with very-low income for a minimum period of fifty-five (55) years.
C. The Applicant is requesting concessions or incentives that the project is eligible for under the Government Code because:
1. Development projects which restrict five percent (5%) of the total number of dwelling units to very-low income households are allowed one incentive or concession in accordance with Section 17.34.060(C)(a).
2. The Applicant has requested the waiver of sewer and storm drainage impact fees.
3. The Applicant has requested the waiver of the sewer and storm drainage impact fees to off-set the construction of the affordable units and off-set the loss in revenue related to restricting the units for a minimum period of fifty-five (55) years.
4. Approval of a direct financial contribution is a concession or incentive under Section
17.34.060(D)(4) of the Zoning Ordinance and requires the approval of the City Council.
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 31st day of August 2023, by the following vote:
AYES: Henderson, Corona, Lenoir, Belong, and Ross
NOES: None
ABSTAIN: None
ABSENT: None
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Christine Hopper, Secretary
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PC Resolution 2023-
DB 2023-2/ 1550 San Juan Rd
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the City Council at their meeting. In addition, the City provides for a 15-day appeal period.
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PLANNING COMMISSION RESOLUTION NO. 2023-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RATIFYING THE PLANNING COMMISSION’S DECISION TO RECOMMEND CITY COUNCIL APPROVAL OF A DENSITY BONUS 2023-2 TO WAIVE THE REQUIRED SEWER AND STORM DRAINING IMPACT FEES FOR EIGHT (8) RESIDENTIAL
DWELLING UNITS RESTRICTED TO VERY-LOW INCOME HOUSEHOLDS WITHIN THE MIXED-USE DEVELOPMENT LOCATED AT 1550 SAN JUAN ROAD
(APN 052-090-008)
WHEREAS, the Applicant, Laith Agha, has applied for Site and Architectural Review (S&A 2022-11) of 157 dwelling units and 3,750 square feet of commercial space in a new mixed-use development, a Mitigated Negative Declaration, and an application for Density Bonus (DB 2023-2), located at 1550 San Juan Road; and
WHEREAS, the Applicant has submitted a complete application for the requested entitlements prepared by RRM Design Group received by the Planning Division on August 22, 2023; and
WHEREAS, The California Density Bonus Law (Government Code section 65915 et seq.) and chapter 17.34, Density Bonus, of the Zoning Ordinance, allows developers to seek incentives or concessions from the City in exchange for providing affordable units within their project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City as the Lead Agency approved a Mitigated Negative Declaration and circulated it for review; and
WHEREAS, a Staff Report dated August 31, 2023, incorporated herein by reference, described and analyzed the Project including the Site and Architectural Review (S&A 2021-11), Mitigated Negative Declaration, and Density Bonus (DB 2023-2); and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 31, 2023, to consider Density Bonus 2023-2, review the City Staff Report, and receive written and oral testimony for and against the proposal; and
WHEREAS, on August 31, 2023, the Planning Commission approved a recommendation that the City Council approve Density Bonus 2023-2p to waive the required sewer and stormwater impact fees for eight (8) residential dwelling units restricted to very low-income households within the mixed-use development located at 1550 San Juan Road; and
WHEREAS, on September 15, 2023, the Planning Commission received a Brown Act – Cure and Correct Demand from the San Benito High School District alleging that that consideration of Density Bonus 2023-2 was not properly agendized; and
WHEREAS, Government Code section 54960.2, subdivisions c and f, allow a city to cure an alleged Brown Act violation without prejudice; and
WHEREAS, the Planning Commission included the following item on the September 28, 2023, Planning Commission agenda: “Adopt a Resolution to Recommend City Council Approval of Density Bonus 2023-2 to Waive the Required Sewer and Storm Draining Impact Fees for Eight (8) Residential Dwelling F.2.l
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PC Resolution 2023-31
DB 2023-1 / 1550 San Juan Road
Units Restricted to Very-Low Income Households within the Mixed-Use Development Located at 1550 San Juan Road.”
NOW THEREFORE IT IS RESOLVED that the Planning Commission of the City of Hollister does hereby make the following findings and determinations regarding the proposed Density Bonus and recommends the City Council approve the Density Bonus:
A. The residential development meets the requirements of chapter 17.34, Density Bonus, because:
1. The Applicant is proposing to restrict eight (8) dwelling units within the 157 dwelling unit residential portion of the mixed-use development which comprises five percent (5%) of the total number of units to households with very-low income.
2. Residential projects which restrict a minimum of five percent (5%) of the total number of dwelling units to very-low-income households qualify for a Density Bonus in accordance with section 17.34.040(A)(2).
3. The Applicant is requesting a waiver of impact fees related to sewer and storm drainage impact fees.
B. The proposed Project provides the required number of Target Units for the proposed affordability Type:
1. A total of eight (8) dwelling units within the 157 dwelling unit residential portion of the mixed-use development, which comprises five percent (5%) of the total number of units, will be restricted to households with very-low income for a minimum period of fifty-five (55) years.
C. The Applicant is requesting concessions or incentives that the project is eligible under the Government Code because:
1. Development projects which restrict five percent (5%) of the total number of dwelling units to very-low-income households are allowed one incentive or concession in accordance with section 17.34.060, subdivision (C)(a).
2. The Applicant has requested the waiver of sewer and storm drainage impact fees.
3. The Applicant has requested the waiver of the sewer and storm drainage impact fees to off-set the construction of the affordable units and off-set the loss in revenue related to restricting the units for a minimum period of fifty-five (55) years.
4. Approval of a direct financial contribution is a concession or incentive under section
17.34.060, subdivision (D)(4) of the Zoning Ordinance and requires the approval of the City Council.
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PC Resolution 2023-31
DB 2023-1 / 1550 San Juan Road
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 28th day of September 2023, by the following vote:
AYES: Henderson, Corona, Lenoir, and Ross
NOES: None
ABSTAIN: None
ABSENT: Belong
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Christine Hopper, Secretary
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the City Council at their meeting. In addition, the City provides for a 15-day appeal period.
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City of Hollister
PUBLIC NOTICE OF
AVAILABILITY
INTENT TO ADOPT A
MITIGATED NEGATIVE
DECLARATION (MND)
CITY OF HOLLISTER, CA 95023
This notice is intended to provide
an opportunity for public
comments on the draft Mitigated
Negative Declaration for Site and
Architectural Review Application
2021-11.
Lead Agency:
City of Hollister, 339 Fifth Street,
Hollister, CA 95023
File Number:
Site and Architectural Review
Application 2021-11
Project Description:
Site and Architectural Review to
construct 157 dwelling units within
three multi-family buildings and
a 3,750 square foot commercial
building on a 5.54 acre site. The
project also includes a request for
a Density Bonus.
Location:
1550 San Juan Road (APN:
052-090-008). The General Plan
designation for the project site
is West Gateway and the zoning
designation is West Gateway.
Environmental Determination:
The Draft Mitigated Negative
Declaration has been prepared
by the City of Hollister as lead
agency and is in conformance with
Section 15070, Subsection (a), of
the State of California Guidelines
for Implementation of the
California Environmental Quality
Act. The purpose of the Draft
Mitigated Negative Declaration
was to determine whether there
were any potentially significant
impacts associated with the
proposed residential development
located at 1550 San Juan Road.
Public Review Period:
Public review period for this draft
Mitigated Negative Declaration
begins on July 21, 2023 and ends
August 21,2023 at 5:00p.m.
The draft Mitigated Negative
Declaration, Initial Study and
reference documents are available
for review under the above file
number from 8:00 – 5:00 p.m.
Monday through Thursday
at the Development Services
Department, 339 Fifth Street and
City Hall, 375 Fifth Street, Hollister,
CA 945023. Questions regarding
the project should be directed to
Erica Fraser at (831) 636-4360
or by e-mail at efraser.4leaf@
hollister.ca.gov.
Your views and comments on the
Mitigated Negative Declaration
for this proposed project are
welcomed. Written comments
should be received at the above
address no later than August 21,
2023 at 5:00 p.m. In addition, you
may also email your comments to
[email protected].
The Planning Commission will
review the Mitigated Negative
Declaration and the Site and
Architectural Review for the
project during a future, publicly
noticed, meeting.
(Pub HF 7/21)
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: July 14, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-207, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A DENSITY BONUS INCENTIVE FOR THE PROPOSED RESIDENTIAL DEVELOPMENT LOCATED AT 1550 SAN JUAN ROAD (DB 2023-1)
BRIEF DESCRIPTION: The City Council will consider granting a Density Bonus incentive for the construction of eight (8) dwelling units within a residential development for very-low income households. The Density Bonus incentive is related to the waiver of sewer and storm drainage impact fees for the affordable units.
RECOMMENDATION: Adopt a resolution approving a Density Bonus incentive for the waiver of impact fees for sewer and storm drainage for eight (8) affordable dwelling units.
DEPARTMENT SUMMARY: The Planning Commission has approved a Mitigated Negative Declaration and Site and Architectural Review 2021-11 for a mixed-use development located at 1550 San Juan Road. The project also includes Density Bonus 2023-2 for one incentive for the project to support the construction of affordable dwelling units. The San Benito High School District has filed an appeal of the Planning Commission’s decision to approve this project.
On August 31, 2023, the Planning Commission adopted Resolution No. 2023-22 recommending City Council approval of the Density Bonus. As part of the filing of the appeal, the San Benito High School District also appealed the recommendation of the Planning Commission. The recommendation is not an appealable action, however, the Appellant alleged a Brown Act Violation of the recommendation. The City Attorney then brought the matter before the Planning Commission on September 28, 2023, for ratification of the Planning Commission’s decision to recommend approval of the Density Bonus. The Planning Commission then approved Resolution 2023-31 ratifying their decision to recommend approval of the Density Bonus.
During the September 28, 2023, Planning Commission meeting, John Frusetta, Chief Business Officer for the San Benito High School District, spoke against the recommendation of the approval and provided a written statement and August 2023 Community Traffic Survey. Both of these documents are available for review.
Chapter 17.34, Density Bonus, and the State Density Bonus Law (Sections 65915-65918 of the California Government Code) allow a developer to seek a density bonus in exchange for building affordable dwelling units. The City is required by State Law to allow a density bonus for projects that comply with the state law.
The Applicant is proposing to designate 8 of the 157 dwelling units (or five percent of the total units) for very-low income households (see Attachment 2 for income levels for very-low households). Section 17.34.040(A)(2) allows for a Density Bonus if the developer agrees to designate five percent of the total number of units for very-low income households. Section G.1
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17.34.060(C)(1) allows a developer to request one incentive or concession for projects that dedicate at least five percent of the dwelling units for very-low income households. Pursuant to Section 17.34.140(A) the units will be required to remain affordable for a period of fifty-five (55) years.
A concession or incentive can include all of the following requests pursuant to Section
17.34.060(D):
• A reduction in the standards required by the Zoning Ordinance (such as lot size, setbacks, lot coverage, design standards, and parking standards). All requests for relief from the provisions of the Zoning Ordinance count as one incentive (i.e., a request for a setback and lot coverage modification only counts as one incentive).
• Approval of mixed-use for the site where not otherwise allowed.
• Other regulatory incentives (such as street width, sidewalks, etc.).
• Direct financial contribution. This request must be approved by the City Council. A City is not required to approve requests for financial contributions (Government Code Section 65915(K)).
The Applicant is requesting approval of a Density Bonus and an incentive related to the waiver of impact fees for the eight (8) affordable units within the development. The waiver is related to sewer and storm drainage impact fees. The sewer impact fee for multi-family units is $4,464.68 for treatment and $3,590.00 for collection (a total of $8,055.68 per unit). The storm drainage fee is $2,030.00 for units with two or more bedrooms and $700.00 for studio and one bedroom units. The total impact fee waiver for the project (using the current fees) would be $70,045.44 - $80,685.44 ($64,445.44 in sewer fees and $5,600 - $16,240 in storm drainage fees). The actual fee waiver will be based on the fee in effect at the time fees are paid by the Applicant and the number of bedrooms proposed for the affordable units. All other residential impact fees and water meter fees for the affordable units would be paid by the developer.
The waiver of these impact fees for the eight (8) affordable dwelling units cannot be recouped from other developments because the fees charged for each development project must be reasonably related to each project (i.e. we cannot charge higher impact fees for another project to offset the loss in impact fees from these eight (8) affordable units). The waiver of these fees must be subsidized from the general fund or any other dedicated funding source.
The developer has prepared a written statement which outlines the reasons for the request for the waiver of the impact fees for sewer and storm drainage (Attached).
Although a developer may also seek to increase density on the site, the Applicant is not requesting a density increase, nor are they required to. Additionally, while many requests for a density bonus include a request for the waiver of development standards, the Applicant has not.
The density bonus in this case is solely for the waiver of the fees for the affordable units and the project could be constructed as approved without the density bonus should the City Council deny the request.
If approved, prior to issuance of a building permit, the developer will be required to enter into a Housing Agreement with the City (which requires review and approval by the City Council) to ensure that the eight (8) affordable units will be used for very-low income families for a period of fifty-five (55) years. A deed restriction will also be required, prior to building issuance, to notify any future buyers that there are 8 income-restricted units in the development.
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City Council Options:
The City Council has the following options at tonight’s meeting:
1. Adopt a Resolution approving the Density Bonus and waiving the sewer and storm drainage impact fees for eight (8) affordable units.
2. Adopt a Resolution approving the Density Bonus and waiving the sewer and storm drainage impact fees for eight (8) affordable units with modifications made by the City Council.
3. Deny a Resolution approving the Density Bonus and waiving the sewer and storm drainage impact fees for eight (8) affordable units.
4. Continue the item and direct Staff to provide additional information or clarification.
Conclusion:
The Applicant is eligible for one concession or incentive, as part of a Density Bonus request, for the dedication of five (5) percent of the total number of dwelling units for the development for very-low income households. The Applicant is requesting a waiver of sewer and storm drainage impact fees for the eight (8) affordable units to offset the cost of their construction and loss in rental income for the units.
FINANCIAL IMPACT: If approved, the Applicant will not be required to pay the sewer and storm drainage impact fees for the eight (8) affordable units. Using the current fees, the total impact fee waiver for the project is estimated to be $70,045.44 - $80,685.44 ($64,445.44 in sewer fees and $5,600 - $16,240 in storm drainage fees [this fee is based on the number of bedrooms in the affordable units which is unknown at this time]). The actual fee waiver, however, will be calculated based on the fee in place prior to payment of the impact fees for the development.
CEQA: The proposed request for an incentive related to a density bonus application is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the Density Bonus incentive itself will not result in any direct physical change to the City and therefore it is not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378). Review under CEQA for the proposed residential development is required and a Mitigated Negative Declaration was prepared for the project and approved by the Planning Commission.
ATTACHMENTS:
1. 1. Density Bonus Written Statement
2. 2. Applicant’s Density Bonus Incentive Request
3. 3. PC Reso Ratifying DB 2023-2
4. 4. SBHSD
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A
DENSITY BONUS INCENTIVE FOR THE PROPOSED RESIDENTIAL DEVELOPMENT LOCATED AT 1550 SAN JUAN ROAD (DB 2023-1)
WHEREAS, Chapter 17.34, Density Bonus, of the Zoning Ordinance and Government Code Section 65915 regulate Density Bonus requests; and
WHEREAS, in accordance with Section 17.34.030, Eligibility for Bonus Incentive of Concessions, the Applicant is eligible for a Density Bonus for the provision of eight (8) affordable units restricted to very-low income households which comprises five (5) percent of the total development of 157 dwelling units; and
WHEREAS, in accordance with Section 17.34.060(C), Allowed Incentives or Concessions, the Applicant is eligible for one incentive or concession for the provision of eight (8) affordable units restricted to very-low income households which comprises five (5) percent of the total development of 157 dwelling units; and
WHEREAS, Section 17.34.060(D) outlines the type of incentives an Applicant can request with an eligible density bonus request; and
WHEREAS, the Applicant has requested the waiver of sewer and storm drainage impact fees for the eight affordable units as an incentive; and
WHEREAS, the Applicant has requested the financial incentive to support the construction and loss in future rental monies related to constructing and maintaining these units for a period of fifty-five (55) years; and
WHEREAS, the Planning Commission considered the project during a noticed public hearing on August 31, 2023 and approved Resolution No. 2023 -20 approving a Mitigation Negative Declaration, Resolution No. 2023-21 approving Site and Architectural Review 2021-11, and Resolution No. 2023-22 recommending City Council approval of Density Bonus 2023-2; and
WHEREAS, the San Benito High School District filed an appeal of the Planning Commission’s decision on September 15, 2023; and
WHEREAS, in response to some of the matters raised in the appeal, the Planning Commission approved Resolution No. 2-23-31 ratifying their decision to recommend approval of the Density Bonus during the September 28, 2023 Planning Commission meeting; and
WHEREAS, on October 16, 2023, the City Council denied the appeal of the San Benito High School District and upheld the Planning Commission’s decision to approve the project during a noticed public hearing; and
WHEREAS, the City Council in its sole discretion can approve a direct financial contribution as part of a Density Bonus application; and
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WHEREAS, the City Council reviewed the request for Density Bonus 2023-2 on October 16, 2023.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister based on facts and analysis in the staff report, and written and oral testimony, does hereby approve the request for a Density Bonus and the requested incentive to waive the impact fees for sewer and storm drainage for the eight (8) affordable units.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 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. 2023-207, 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 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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Affordability Proposal: 1550 San Juan Road
Affordability Level: Very Low Income
Total No. of Units: 8 of the 157 units (5%) will be designated very low income
Method to Determine Income Level of Applicants: City of Hollister process
Total Years to Remain Affordable: 55 years
Location of Units: Exhibit to be provided later
Requested Incentives: One incentive
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AFFORDABLE UNITS: METHODOLOGY TO DETERMINE ELIGIBILITY
The eligibility of an applicant for a “very low” apartment will be based on the U.S. Dept. of Housing and Urban Development’s (HUD) established income levels for San Benito County.
For 2-bedroom and 3-bedroom units in FY 2023, these income levels would be $50,100 and $55,650, respectively. These numbers will presumably change, depending on when the apartment complex is built and ready for occupancy.
The $50,100 income level represents the maximum for a family of three, which translates to eligibility for a 2-bedroom unit. The $55,650 income level represents the maximum for a family of four, which translates to eligibility for a 3-bedroom unit.
Rent is to be determined as such: for a 2-bedroom unit, 30 percent of the “very low” income limit for a family of three; for a 3-bedroom unit, 30 percent of the “very low” income limit for a family of four.
In FY 2023, this translates to monthly rent of $1,391 for 3-bedroom apartments and $1,253 for 2-bedroom apartments.
3-bedroom: $55,650 income * 0.3 (or 30%) = $16,695 annual rent $16,695 annual rent / 12 months = $1391 monthly rent
2-bedroom: $50,100 income * 0.3 (or 30%) = $15,030 annual rent $15,030 annual rent / 12 months = $1253 monthly rent
*Monthly rent includes provision for utility expenses, including: electric, water, and trash.
PROJECT BENEFIT OF REQUESTED INCENTIVE
We are pleased to commit 5% of our proposed apartment complex’s residential units for tenants who qualify for “very low” affordable units. With this commitment comes a reduction to future rental income, which means that, from a financing standpoint, the complex will generate less income to offset the construction cost.
So, we are requesting a fee reduction for each of the eight proposed “very low” affordable units.
Specifically, we are asking the City to waive fees related to Sewer, Storm Drainage, and Detention.
A fee reduction for the affordable units would help offset the reduced income by reducing the total amount of construction cost, as impact fees comprise a significant component of this total cost. This eases the burden to prove financial viability to a prospective lender, which increases G.1.b
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the likelihood of the project being funded and to provide much needed housing inventory–both market-rate and affordable–to the City of Hollister.
The federal interest rate has increased 5% since Spring 2022. Meanwhile cost of construction, which has receded somewhat, is still significantly higher than pre-pandemic. As such, the hard cost for this apartment complex is projected to be $250,000 per unit. (This figure does not include the so-called soft costs, such as impact fees to be paid to the City and the school district.)
Cost of construction in the greater Bay Area, for an apartment complex, is estimated to be $204,000 per dwelling. With Hollister’s impact fees, that brings the per-room cost to $244,000.
After factoring an 80% loan-to-cost, the per-unit borrowing burden is approximately $226,500.
That comes to a monthly per-unit payment of $1,384. The “very low” rent for a 3-bedroom unit is $1,391. However, this figure includes the cost of utilities, which reduces the income by $200/month. And when factoring general expenses and potential vacancy, that reduces the net income by another $900, bringing the net income of a 3-bedroom “very low” unit to about $300/month.
A 2-bedroom unit’s net income would be about $450/month. (It is higher largely due to the rent differential between “very low” 3-bedroom and 2-bedroom units being proportionally less than the difference in market rents between these unit sizes.)
Each “very low” unit would run at a deficit of a little more than $1,000/month. With eight units in this affordability category, that would be a deficit of about $8,000/month, or $96,000/year.
While we would not expect the City to help offset this reduced revenue long-term, the requested impact fee reduction would help alleviate financial stresses as the apartments are initially rented and the complex gets up and running.
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PLANNING COMMISSION RESOLUTION NO. 2023-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RATIFYING THE PLANNING COMMISSION’S DECISION TO RECOMMEND CITY COUNCIL APPROVAL OF A DENSITY BONUS 2023-2 TO WAIVE THE REQUIRED SEWER AND STORM DRAINING IMPACT FEES FOR EIGHT (8) RESIDENTIAL
DWELLING UNITS RESTRICTED TO VERY-LOW INCOME HOUSEHOLDS WITHIN THE MIXED-USE DEVELOPMENT LOCATED AT 1550 SAN JUAN ROAD
(APN 052-090-008)
WHEREAS, the Applicant, Laith Agha, has applied for Site and Architectural Review (S&A 2022-11) of 157 dwelling units and 3,750 square feet of commercial space in a new mixed-use development, a Mitigated Negative Declaration, and an application for Density Bonus (DB 2023-2), located at 1550 San Juan Road; and
WHEREAS, the Applicant has submitted a complete application for the requested entitlements prepared by RRM Design Group received by the Planning Division on August 22, 2023; and
WHEREAS, The California Density Bonus Law (Government Code section 65915 et seq.) and chapter 17.34, Density Bonus, of the Zoning Ordinance, allows developers to seek incentives or concessions from the City in exchange for providing affordable units within their project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City as the Lead Agency approved a Mitigated Negative Declaration and circulated it for review; and
WHEREAS, a Staff Report dated August 31, 2023, incorporated herein by reference, described and analyzed the Project including the Site and Architectural Review (S&A 2021-11), Mitigated Negative Declaration, and Density Bonus (DB 2023-2); and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 31, 2023, to consider Density Bonus 2023-2, review the City Staff Report, and receive written and oral testimony for and against the proposal; and
WHEREAS, on August 31, 2023, the Planning Commission approved a recommendation that the City Council approve Density Bonus 2023-2p to waive the required sewer and stormwater impact fees for eight (8) residential dwelling units restricted to very low-income households within the mixed-use development located at 1550 San Juan Road; and
WHEREAS, on September 15, 2023, the Planning Commission received a Brown Act – Cure and Correct Demand from the San Benito High School District alleging that that consideration of Density Bonus 2023-2 was not properly agendized; and
WHEREAS, Government Code section 54960.2, subdivisions c and f, allow a city to cure an alleged Brown Act violation without prejudice; and
WHEREAS, the Planning Commission included the following item on the September 28, 2023, Planning Commission agenda: “Adopt a Resolution to Recommend City Council Approval of Density Bonus 2023-2 to Waive the Required Sewer and Storm Draining Impact Fees for Eight (8) Residential Dwelling G.1.c
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PC Resolution 2023-31
DB 2023-1 / 1550 San Juan Road
Units Restricted to Very-Low Income Households within the Mixed-Use Development Located at 1550 San Juan Road.”
NOW THEREFORE IT IS RESOLVED that the Planning Commission of the City of Hollister does hereby make the following findings and determinations regarding the proposed Density Bonus and recommends the City Council approve the Density Bonus:
A. The residential development meets the requirements of chapter 17.34, Density Bonus, because:
1. The Applicant is proposing to restrict eight (8) dwelling units within the 157 dwelling unit residential portion of the mixed-use development which comprises five percent (5%) of the total number of units to households with very-low income.
2. Residential projects which restrict a minimum of five percent (5%) of the total number of dwelling units to very-low-income households qualify for a Density Bonus in accordance with section 17.34.040(A)(2).
3. The Applicant is requesting a waiver of impact fees related to sewer and storm drainage impact fees.
B. The proposed Project provides the required number of Target Units for the proposed affordability Type:
1. A total of eight (8) dwelling units within the 157 dwelling unit residential portion of the mixed-use development, which comprises five percent (5%) of the total number of units, will be restricted to households with very-low income for a minimum period of fifty-five (55) years.
C. The Applicant is requesting concessions or incentives that the project is eligible under the Government Code because:
1. Development projects which restrict five percent (5%) of the total number of dwelling units to very-low-income households are allowed one incentive or concession in accordance with section 17.34.060, subdivision (C)(a).
2. The Applicant has requested the waiver of sewer and storm drainage impact fees.
3. The Applicant has requested the waiver of the sewer and storm drainage impact fees to off-set the construction of the affordable units and off-set the loss in revenue related to restricting the units for a minimum period of fifty-five (55) years.
4. Approval of a direct financial contribution is a concession or incentive under section
17.34.060, subdivision (D)(4) of the Zoning Ordinance and requires the approval of the City Council.
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PC Resolution 2023-31
DB 2023-1 / 1550 San Juan Road
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 28th day of September 2023, by the following vote:
AYES: Henderson, Corona, Lenoir, and Ross
NOES: None
ABSTAIN: None
ABSENT: Belong
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Christine Hopper, Secretary
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the City Council at their meeting. In addition, the City provides for a 15-day appeal period.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Housing
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-208, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A MARKETING PLAN AND AFFORDABLE
HOUSING AGREEMENT BETWEEN DEL CURTO BROTHER GROUP AND THE CITY OF
HOLLISTER FOR THE AFFORDABLE HOUSING UNITS
BRIEF DESCRIPTION: Review and approve a resolution to accept the Marketing Plan and Affordable Housing Agreement with Del Curto Brothers Group for the 400 Block Development Affordable Housing Units.
RECOMMENDATION: Adopt a resolution to approve the Marketing Plan and Affordable Housing Agreement with Del Curto Brothers Group for the 400 Block Development Affordable Housing Units and allow the City Manager to execute the agreement and authorize any subsequent amendments.
DEPARTMENT SUMMARY: The 400 Block Development is composed of 22 condominium for- sale units. With approval of increased density, four (4) units are specifically designated as affordable housing units. Two (2) studio units are restricted to very low income and two (2) one- bedroom units are restricted to low-income households. The 400 Block Disposition & Development Agreement approved by City of Hollister City Council Resolution 2017-139 on June 5, 2017.
A requirement of the project’s Conditions of Approval is to produce a thorough Housing Agreement and Marketing Plan approved by the City of Hollister and implemented by the Developer, Del Curto Brothers Group. The Affordable Housing Agreement provides a legal binding guarantee between the City and the Developer, which sets forth the necessary provisions to ensure all requirements regarding the affordable housing units are met. The purpose of this Marketing Plan is to implement an affirmative and fair marketing plan for all four (4) restricted moderate-income affordable units. Key features of the marketing plan indicate all digital and printed marketing material will be provided in both English and Spanish with the fair housing logo. To reach various demographics Del Curto Brothers Group will place advertisements in local newspaper publications. The Developer is responsible for administering and managing the application process. The City of Hollister will review all qualified applicants to ensure the applicant is eligible and meets expected income guidelines.
To provide a thorough review, this report also includes the buyer documents the future applicants will review and qualified applicants will sign at the time of closing. The buyer documents include: Resale Restriction and Option to Purchase, Deed of Trust, and Promissory Note. Based on the Hollister Municipal Code, the affordable density-bonus housing units are restricted for a period of fifty-five years (55). This means for a period of fifty-five (55) from the first qualified homeowners the restricted housing units cannot sell at market-rate and must remain affordable for lower-income households. Additionally, a few key concepts in the recorded buyer documents indicate all current homeowners must remain in the home as their primary G.2
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residence and cannot rent/lease any portion of the home. The City of Hollister will monitor the restricted housing units to ensure the current homeowners are following the expected regulations.
City of Hollister Staff and Del Curto Brothers Group have discussed all included material, more specifically the Marketing Plan and Affordable Housing Agreement, and these documents follow the requirements stated in the Development Agreements. Staff recommend the City Council of the City of Hollister to review and approve all included material to execute the agreement and execute the marketing process.
FINANCIAL IMPACT: $200 payment from Del Curto Brothers Group to the City of Hollister for completion of review of qualified applications. An estimated $600 received to cover anticipated staff time expense.
CEQA: CEQA EXEMPT (CEQA Guidelines 15061(b)(3)). If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ATTACHMENTS:
1. 400 Block Disposition & Development Agreement
2. 400 Block Affordable Housing Agreement
3. Exhibit B 400 Block Marketing Plan
4. Exhibit C Resale Restriction Agreement and Option to Purchase
5. Exhibit D Secured Promissory Note
6. Exhibit E Performance Deed of Trust
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A
MARKETING PLAN AND AFFORDABLE HOUSING AGREEMENT BETWEEN DEL CURTO
BROTHER GROUP AND THE CITY OF HOLLISTER FOR THE AFFORDABLE HOUSING UNITS
WHEREAS, on June 5, 2017 the City of Hollister City Council adopted Resolution 2017-139 approving a Disposition and Development Agreement between the City of Hollister and Del Curto Brothers Group., also known as the 400 Block Development; and
WHEREAS, indicated within the approved Conditions of Approval the Developer and the City of Hollister must enter into an Affordable Housing Agreement with recorded restrictive covenants for the four (4) affordable housing units; and
WHEREAS, indicated within the Development Agreement the City of Hollister must approve a Marketing Plan for the Developer to diligently market the four (4) affordable housing units; and
WHEREAS, the Developer, Del Curto Brother Group, and City of Hollister staff have negotiated and drafted a Marketing Plan and an Affordable Housing Agreement for City Council consideration; and
WHEREAS, the marketing timeline amendment is defined within the Affordable Housing Agreement; and
WHEREAS, all other terms of the Marketing Plan and Affordable Housing Agreement conform to the City of Hollister’s Condition of Approval and Development Agreement provisions.
WHEREAS, the resolutions allows the City Manager to execute the agreement and authorize any subsequent amendments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the Marketing Plan and Affordable Housing Agreement between KB Homes and the City of Hollister provided in Exhibits A and B, respectively.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 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. 2023-208, 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 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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400 Block Development and Disposition Agreement
Exhibit 1
DEVELOPMENT AND DISPOSITION AGREEMENT
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DISPOSITION AND DEVELOPMENT AGREEMENT
AMONG
THE CITY OF HOLLISTER,
DEL CURTO BROTHERS CONSTRUCTION, INC.
AND
COMMUNITY FOUNDATION FOR SAN BENITO COUNTY
400BLOCK
June 5, 2017
697\05\2048024.4
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ARTICLE 1. DEFINITIONS AND EXHIBITS ............................................................................. 3 Section 1.1 Definitions ............................................................................................................. 3 Section 1.2 Exhibits .................................................................................................................. 8 ARTICLE 2. PREDISPOSITION REQUIREMENTS TO THE CONVEYANCE OF THE SITE9 Section 2.1 Conditions Precedent to Conveyance of each Site; Development in Phases ........ 9 Section 2.2 Street Vacation ...................................................................................................... 9 Section 2.3 Public Space Easements ...................................................................................... 10 Section 2.4 Lot Line Adjustment. ........................................................................................... 11 Section 2.5 Application for Applicable Land Use Approvals ................................................ 11 Section 2.6 Construction Plans ............................................................................................... 12 Section 2.7 Financing Proposal and Financing Plan .............................................................. 12 Section 2.8 Building Permit. ................................................................................................... 13 Section 2.9 Construction Bonds/Surety .................................................................................. 14 Section 2.10 Insurance ............................................................................................................ 14 Section 2.11 Additional Conditions Precedent for Phase 2 .................................................... 14 ARTICLE 3. CITY PRE-DISPOSITION ACTIONS ................................................................... 16 Section 3 .1 Conditions Precedent. .......................................................................................... 16 Section 3.2 Parking Agreement. ............................................................................................. 16 Section 3.3 Impact Fees .......................................................................................................... 17 Section 3.4 No City Financial Obligation .............................................................................. 17 Section 3.5 No City Obligation; Developer at Risk. .............................................................. 17 Section 3.6 Developer Acknowledgement regarding City Council Discretion ...................... 17 Section 3.7 Termination following Completion of CEQA; Developer Release ..................... 18 Section 3.8 Conflict with Other Provisions ............................................................................ 19 ARTICLE 4. CONVEYANCE OF THE PROPERTY ................................................................. 19 Section 4.1 Purchase and Sale ................................................................................................ 19 Section 4.2 Purchase Price ...................................................................................................... 19 Section 4.3 Opening Escrow .................................................................................................. 19 Section 4.4 Closing Date ........................................................................................................ 19 Section 4.5 Condition of Title ................................................................................................ 20 Section 4.6 Condition of Property .......................................................................................... 21 Section 4.7 Costs of Escrow and Closing ............................................................................... 23 ARTICLE 5. CONSTRUCTION OF IMPROVEMENTS ........................................................... 23 Section 5.1 Construction Pursuant to Plans ............................................................................ 23 Section 5.2 Change in Construction oflmprovements ........................................................... 23 Section 5.3 Commencement of Construction ......................................................................... 24 Section 5.4 Completion of the Improvements ........................................................................ 24 Section 5.5 Equal Opportunity ............................................................................................... 24 Section 5.6 Compliance with Applicable Laws ...................................................................... 24 Section 5.7 Progress Report .................................................................................................... 24 Section 5 .8 Construction Responsibilities .............................................................................. 24 697\05\2048024.4 I
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1 Recording requested by and when
recorded mail to:
City of Hollister
375 Fifth Street
Hollister, CA 95023
Attention: City Manager
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
Space above this line for Recorder's use.
AFFORDABLE HOUSING AGREEMENT
AND
DECLARATION OF RESTRICTIVE COVENANTS
by and between
CITY OF HOLLISTER
and
DEL CURTO BROTHERS GROUP
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2 Exhibits
A: Property Lot and Assessor Parcel Numbers
B: Affordable Housing Marketing Plan
C: Grant Deed Containing Covenants, Conditions and Restrictions Governing Use and Resale of the Property
D: Promissory Note
E: Deed of Trust
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3 This Affordable Housing Agreement and Declaration of Restrictive Covenants (this “Agreement) is entered into effective as of _____________], ________ (“Effective Date”) by and between the City of Hollister, a California municipal corporation (the “City”) and Del Curto, a California corporation (“Developer”). City and Developer are hereinafter collectively referred to as the “Parties.”
RECITALS
A. Developer has purchased or shall purchase the real property located known as the 400 Block located in the City of Hollister, California, (the “Property”).
B. The Developer received approval for a Conditional Use Permit for a Planned Unit Development, Resolution 2018-14, in conjunction with a request for a Tentative Map 2019- 1 to approve a three story mixed-use building with 22 residential units and 6 commercial units in the Downtown Mixed Use (DMU) Zoning District of the City of Hollister. The maximum density for the site per the DMU Zoning Ordinance would allow for 18 residential units and 22 residential units exceeds the DMU Zoning District maximum density of 40 units per acre. A condition of the Conditional Use Permit requires the Developer to meet the requirements for a density bonus by providing affordable housing and/or special needs housing per state law as provided in Section 17.04.070 of the Hollister Municipal Code and the density bonus would allow for the density to comply with the Hollister Municipal Code;
C. Developer intends to market, construct and sell the Property, a twenty-two [22]-unit development (the “Project”) which includes four (4) Restricted Units for Very-Low and Low-Income. Specifically, two units (2) designated for Very-Low Income households and two units (2) designated for Low-Income Households in accordance with Density Bonus law bonus by providing affordable housing and/or special needs housing per state law; and,
D. The Parties have agreed to enter into and record this Agreement in order to satisfy the conditions described in the foregoing Recitals. The purpose of this Agreement is to regulate and restrict the sale and occupancy of the Project’s Restricted Units for the benefit of its occupants. The covenants in this Agreement are intended to run with the land and be binding on Developer and Developer’s successors and assigns for the full term of the Agreement.
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits.
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4 1.1. “Affordable Housing Cost” means the sum of all of the following: (i) principal and interest on a mortgage loan and any loan insurance fees associated therewith; (ii) property taxes and assessments; (iii) a reasonable allowance for property maintenance and repairs; (iv) a reasonable allowance for an adequate level of service for utilities including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuels, but excluding telephone service; (v) homeowner association fees; (vi) fire and casualty insurance; and (vii) space rent.
1.1.1. “Very-Low Income Housing Cost” For very low income for-sale units, housing costs may not exceed 30% x 50% of the area median income for a household size suitable for the unit.
1.1.2. “Low-Income Housing Cost” For lower income units for-sale, housing costs may not exceed 30% x 70% of the area median income for a household size suitable for the unit.
1.2.“Eligible Household” means a household which total household gross income does not exceed the maximum income level for a Restricted Unit as specified in Subsection 1.5 and that meets the requirements set forth in Section 3.2.
1.3. “Gross Annual Household Income” means the combined adjusted gross (pre-tax) income of all adult persons in a household as calculated pursuant to the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor.
1.4.“Median Income” means the area median income for San Benito County, California, adjusted for household size, determined periodically by the California Department of Housing and Community Development (“HCD”) as published in section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code section 50093(c). If HCD ceases to make such determination, Median Income shall be the median income applicable to San Benito County, with adjustments for household size, as determined from time to time by the United States Department of Housing and Urban Development (“HUD”) pursuant to the United State Housing Act of 1937 as amended, or such other method of median income calculation applicable to the City of Hollister that HUD may hereafter adopt in connection with such Act.
1.5.“Very Low-Income Household” means a household whose gross income does not exceed fifty percent (50%) of the Median Income.
1.6. “Low-Income Household” means a household whose gross income does not exceed eighty percent (80%) of the Median Income.
1.7.“Restricted Unit” means a dwelling unit which is reserved for occupancy as a primary place of residence for no more than one Very-Low and Low-Income Eligible Household in accordance with this Agreement.
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5 2. Affordable Housing Unit Design. The exterior design of the Restricted Units shall be indistinguishable from market rate units and the number of bedrooms in the Restricted Units shall reflect the household size need reflected in the City’s Housing Element. The lot configurations, building height, and lot coverage limitations and parking requirements shall all meet applicable City zoning, design, building, and development standards.
3. Use and Affordability Restrictions. Except as otherwise provided for in this Agreement, Developer hereby covenants and agrees, for itself and its successors and assigns, that the Project’s four (4) Restricted Units shall be used solely for the construction, sale, purchase, and occupancy in compliance with the DA, the development approvals granted by the City of Hollister, and the requirements set forth herein. Developer represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Developer covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. Notwithstanding the foregoing or anything to the contrary contained herein, if the terms of financing for the Project require greater affordability restrictions than those imposed hereby, the requirements of such other financing shall prevail for the term thereof.
3.1 Affordability Requirements.
3.1.1 No fewer than four (4) dwelling units in the Project shall be both sold to and occupied (or if vacant, made available for purchase and occupancy) by Eligible Households.
3.1.2 Restricted Units shall be offered for sale and sold only to Eligible Households subject to the terms and conditions in the Affordable Housing Marketing Plan and pursuant to Density Bonus Law, attached hereto as Exhibit B.
3.2 Eligibility Requirements. The following restrictions apply to all Restricted Units for the duration of the deed restriction.
3.2.1 Owner Occupancy. The Restricted Unit must be the Eligible Household’s primary residence.
3.2.2 Prohibition Against Renting, Leasing, or Subleasing. Restricted Units may not be rented or subleased in whole or in part. This prohibition includes renting or subleasing any part of the Restricted Unit as a short-term or vacation rental or renting or subleasing a parking space or any other outdoor space purchased with the Restricted Unit.
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6 3.2.3 Prohibition Against Resale to Non-Eligible Households. Restricted Units may only be sold to another Eligible Household. All sales of Restricted Units shall be facilitated through the City.
3.3 Sales Price for Restricted Units and Purchaser Qualifications. Sales prices for Restricted Units shall be calculated based on the assumptions. The Affordable Housing Cost for Eligible Households assumes a (i) five percent (5%) down payment, (ii) a thirty (30) year fixed amortized fixed rate loan, and (iii) an interest rate equal to the published Federal Housing Administration (“FHA”) thirty (30) year fixed rate at the time of the household’s application.
Developer agrees to sell the Restricted Units solely to Eligible Households, at not more than the applicable Affordable Housing Cost. Developer shall apply the same purchase terms and conditions to potential buyers of Restricted Units as are applied to all other buyers, except as otherwise required to comply with this Agreement (e.g., income requirements) and/or government subsidy programs. Discrimination based on subsidies received by the prospective homeowner is prohibited.
3.4 Purchase and Sale and Escrow Agreement of a Restricted Unit. The purchase, sale, and escrow agreement between the Developer and the Eligible Household (“Homeowner Purchase Agreement”) of any of Restricted Unit must comply with the following:
3.4.1. The Homeowner Purchase Agreement shall include provisions requiring the prospective purchaser to meet the requirements of this Agreement.
3.4.2. The Homeowner Purchase Agreement shall include a provision substantially as follows:
“Purchaser is hereby advised that the unit and the terms and conditions of the sale of the unit to purchaser are subject to terms and provisions of that certain
AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF
CONVENANT, CONDITIONS, AND RESTRICTIONS (“Affordable
Housing Agreement”) between Del Curto and the City of Hollister, which shall be recorded with the Official Record San Benito County Recorder’s Office. A copy of that Affordable Housing Agreement (and any amendments thereto) were delivered to the purchaser prior to the purchaser’s execution of the Homeowner Purchase Agreement. Purchaser is encouraged to review the Affordable Housing Agreement. Any questions regarding the Affordable Housing Agreement can be directed to the City of Hollister Development Services Housing Division, 339 Fifth St. Hollister, CA 95023, telephone number (831) 636-4356.”
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7 3.4.3. Within five (5) days after the date of execution of the Homeowner Purchase Agreement by the Developer and the Eligible Household, the Developer shall deliver to the City of Hollister a complete copy of the Homeowner Purchase Agreement and all exhibits and related documents.
3.4.4. The Homeowner Purchase Agreement shall include a provision which requires the close of escrow to be no later than one hundred twenty (120) days after the earlier to occur of the date the Homeowner Purchase Agreement has been signed by both parties or the date the Developer or the Developer’s authorized agent has certified the Eligible Household meets the eligibility requirements of this Agreement and the sale price has been calculated in accordance with this Agreement. Notwithstanding the foregoing, delays in the close of escrow may be permitted provided that Eligible Household can recertify that it remains qualified as an Eligible Housing and Developer and the Eligible Household agree upon a revised purchase price equal to the applicable Affordable Sales Price for the Restricted Unit determined as of the rescheduled closing date for the Restricted Unit.
3.4.5. The Homeowner Purchase Agreement shall require as a condition to the close of escrow to the Restricted Unit that the Eligible Household enters into the Resale Restriction and Option to Purchase described in Exhibit C and shall be duly recorded.
3.4.6. Include representations and warranties for the benefit of Developer and the City of Hollister, from the purchaser of the Restricted Unit that it is an Eligible Household and that purchaser intends to occupy the unit as its primary residence.
4. Non-Discrimination; Compliance with Fair Housing Laws.
4.1 Fair Housing. Developer shall comply with state and federal fair housing laws in the marketing and sale of the units in the Project.
4.2 Non-Discrimination. Developer covenants for and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, sex, sexual orientation, marital status, familial status, ancestry, disability or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Property or the Project, nor shall Developer or any person claiming under or through Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project. The foregoing covenant shall run with the land.
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8 All deeds or contracts made or entered into by Developer, its successors or assigns, as to the Project’s four (4) Restricted Units shall contain the following language:
4.2.1 In Deeds:
“Purchaser agrees for itself and any successor in interest not to discriminate upon the basis of race, color, creed, religion, sex, sexual orientation, marital status, age, disability, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property or any part thereof.
Purchaser covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, age, disability, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property or any part thereof, nor shall Purchaser itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub-tenants, sublessees, or vendees in the Property.”
4.2.2 In Contracts:
“There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the sale, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee establish or permit any such practice or practices of discrimination or segregation with reference to selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of the land.”
5. Marketing Plan. All Restricted Units shall be marketed pursuant to the written Marketing Plan which has been approved by the Developer and the City, attached hereto as Exhibit C.
The Marketing Plan addresses in detail how Developer shall market the Restricted Units to prospective Eligible Households in accordance with fair housing laws and this Agreement.
Developer shall abide by the terms of the Marketing Plan in marketing the Restricted Units, and throughout the term of this Agreement.
6. Reporting Requirements.
6.1 Monthly Reporting. Commencing with the marketing of the first Restricted Unit and continuing until all Restricted Units have been constructed and initially sold, Developer or Developer’s authorized agent shall submit a monthly report, on the first date of each month to the City which contains, at a minimum, the following information:
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9 6.1.1 Time and method of public notices of availability of Restricted Units for sale.
6.1.2 Listing of all applications for Restricted Units received during the eligible application period.
6.1.3 Report of all applicants selected, identifying those who acquired Restricted Units and those who did not qualify or were deemed ineligible, and a copy of all correspondence to all applicants deemed ineligible.
6.1.4 An inventory of all remaining unsold Restricted Units.
6.1.5 A timeline estimating the future sale date of the unsold Restricted Units.
6.2 Additional Information. Upon final sale of the last Restricted Unit, Developer shall provide any additional non-proprietary non-confidential information reasonably requested by City pertaining to the Project’s four (4) Restricted Units.
7. Eligible Household Certification.
7.1 Developer or Developer’s Authorized Agent shall obtain from each Eligible Household prior to initial sale of each Restricted Unit, a written certificate that is dated within the previous one-hundred and twenty days (120) days containing all the following in such format and with such supporting documentation as City may reasonably require:
7.1.1. A pre-approval letter from Eligible Household’s mortgage lender stating the lender has completed a review of the Eligible Household’s income and the lender has determined that the income of the Eligible Household is Moderate Income or less.
7.1.2. The identity and age of each member of the Eligible Household; and
7.1.3. The maximum loan amount for which the Eligible Household is qualified.
7.2 Upon final sale of the last Restricted Unit, Developer shall provide to the City all Eligible Household Certification documents described in section 8.1.
7.3 Upon final sale of the last Restricted Unit, Developer shall provide any additional non-proprietary non-confidential information reasonably requested by City pertaining to the Project’s four (4) Restricted Units
7.4 As a condition prior to the approval of the Eligible Household, the Developer shall certify to the City of Hollister the total Gross Household Income of the prospective G.2.b
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10 Eligible Household. Gross Household Income shall mean all income, from whatever source derived, of all adult household members (eighteen (18) years of age and older) but does not include income from dependents up to age twenty-four (24) that are full time students whether or not such income is exempt from Federal Income Tax. All financial accounts from all household members, regardless of age, must be included in the application. Household Income will be based on current income projected out twelve (12) months from the time of application. Final determination of an applicant’s income level and program eligibility shall be the sole discretion of the City Housing Programs Coordinator and/or their designee.
7.5 The Developer or the Developer’s Authorized Agency will request income certification from all proposed adult Eligible Household member(s) of the Restricted Unit in one or more of the follows methods:
i. Paycheck stubs from the three (3) most recent months;
ii. A true copy of an income tax return for the most recently completed tax year;
iii. Income verification from employers;
iv. Income verification certification from the Social Security Administration and/or the California Department of Social Services if a household member receives assistance from such agencies; or
v. An alternate form of income verification acceptable to the City.
8. Records. The Developer or Developer’s authorized agent shall maintain complete, accurate, and current records pertaining to the Project’s four (4) Restricted Units, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income and household size of Eligible Households. All Eligible Household lists, applications, and waiting lists relating to the Project’s four (4) Restricted Units shall at all times be kept separate and identifiable from any other business of the Developer and shall be maintained as required by the City in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. Upon final sale of the last Restricted Unit, Developer will provide to City all records described in this section 9.
9. Public Records. Developer understands and acknowledges that all records provided by the Developer to the City are public records and will be subject to disclosure under the California Public Records Act. (Gov. Code, §§ 7920.000, et. seq.)
10. Maintenance Requirements. Prior to the first sale of each unit to an Eligible Household, Developer shall maintain the Restricted Units in compliance with all applicable laws, G.2.b
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11 ordinances, and regulations. Restricted Units shall be maintained in a good and clean condition.
11. Utilization of Restricted Units. All Restricted Units shall be sold and utilized only in accordance with this Agreement. No Restricted Unit shall be withdrawn from the market or otherwise held vacant, except vacancy during the period of time when the Developer is diligently attempting to sell the Restricted Unit to Eligible Households. No Restricted Unit shall be leased or rented.
12. Term of Agreement.
12.1 Term of Restrictions. This Agreement shall remain in effect until all of the Restricted Units are sold.
12.2 Effectiveness Succeeds Conveyance of the Property. Subject to Section 11, above, this Agreement shall remain effective and fully binding on the Project’s four (4) Restricted Units for the full term hereof regardless of:
12.2.1 Any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein;
12.2.2 Any reconveyance of the deed of trust, unless this Agreement is terminated earlier by City in a recorded writing.
12.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge the terms of this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement in accordance with its terms.
13. Binding Upon Successors: Covenants to Run with the Land.
13.1 Developer hereby subjects its interest in the Project’s four (4) Restricted Units to the covenants and restrictions set forth in this Agreement. The City and Developer hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, conveyance or transfer of the Project’s four (4) Restricted Units or any part thereof or interest therein. Any successor-in-interest to Developer, including without limitation any purchaser, transferee or lessee of the Project’s four (4) Restricted Units shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting G.2.b
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12 or conveying the Project’s four (4) Restricted Units or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or other instrument has been executed prior to the date hereof, Developer hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, ground lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.
13.2 Developer agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Project’s four (4) Restricted Units in favor of City.
14. Prior to the close of escrow for the initial sale of each Restricted Unit, Developer shall ensure that the following documentation is entered into and/or obtained:
14.1 Resale Restriction. Developer shall ensure that the City and the buyer execute, acknowledge, and deposit into escrow for recordation against the Restricted Unit.
Resale Restriction in the form attached hereto as Exhibit C. The Resale Restriction shall record immediately after the grant deed conveying the Restricted Unit and before any deed of trust or other instrument securing any financing to the buyer.
14.2 Promissory Note Related to the Excess Proceeds. Developer shall require the buyer to execute a promissory note in favor of the City that obligates the buyer to pay the City the amount required under Exhibit D. The promissory note will substantially conform with the form attached hereto as Exhibit D and will be subject to City’s reasonable review and approval.
14.3 Deed of Trust. Developer shall ensure that the City and the buyer execute, acknowledge, and deposit into escrow for recordation against the Restricted Unit a deed of trust attached hereto as Exhibit E to secure performance of the buyer’s covenants under the Resale Restriction and payment of the amounts due under the Promissory Note. The deed of trust shall record immediately after the grant deed conveying the Restricted Housing Unit and concurrent with the Resale Restriction, subordinate only to the lien for the first mortgage loan obtained by the buyer to finance the purchase of the Restricted Unit.
15. Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies, including without limitation possessory interest taxes, if applicable, imposed by any public authority or utility company with respect to the G.2.b
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13 Property or the Project, and shall pay such charges prior to delinquency. However, Developer shall not be required to pay any such charge so long as:
15.1 Developer is contesting such charge in good faith and by appropriate proceedings;
15.2 Developer maintains reserves adequate to pay any contested liabilities; and
15.3 On final determination of the proceeding or contest, Developer immediately pays or discharges any decision or judgement rendered against it, together with all costs, charges and interest
16 Administrative Costs.
16. 1 Administrative costs which are directly attributed to the monitoring and administration of selling an Affordable Housing Unit shall be set by the City and paid by the Developer upon close of escrow. The initial fee shall be set at $200 for each Affordable Housing Unit sold.
17. Recordation: No Subordination. This Agreement shall be recorded in the Official Records of San Benito County. Developer hereby represents, warrants and covenants that absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Project’s four (4) Restricted Units. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project’s four (4) Restricted Units in a position superior to the Agreement, upon the request of the City, Developer hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 18, and to provide such evidence thereof as City may reasonably request.
18. Transfer and Encumbrance.
18.1 Restrictions on Transfer and Encumbrance. During the term of this Agreement, except as permitted pursuant to pursuant to Density Bonus law or this Agreement, Developer shall not make or permit the occurrence of any transfer of the Project without the prior written consent of the City; provided, however, that the following shall not require City consent: (i) the admission of an investor limited partner of Developer; (ii) the transfer, sale or assignment by the investor limited partner of Developer, its successors and assigns, of its ownership interest in Developer; or (iii) the withdrawal, removal, transfer and/or replacement of the general partner of Developer.
18.2 Permitted Transfers. The City shall not withhold its consent to the following transfers:
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14 18.2.1 A transfer from Developer to an entity which is controlled by the Developer; or
18.2.2 A transfer to the construction or permanent lender of the Project or to a third party by foreclosure, deed in lieu of foreclosure or comparable conversion of any lien on the Project or to any subsequent transfer by such lender or third party following such foreclosure, deed in lieu of foreclosure or comparable conversion, provided that:
18.2.2.1 Prior to any of the foregoing transfers (other than a third- party following foreclosure and transfers expressly permitted pursuant to Section 17.1), Developer or the proposed
Developer shall provide City with a copy of the transferee’s organizational documents and the final form of the agreement effectuating such transfer;
18.2.2.2 The Project is and shall continue to be operated in compliance with this Agreement; and
18.2.2.3 Except for transfers permitted pursuant to Section 17.1, the transferee executes all documents reasonably requested by the City with respect to the assumption of the Developer’s obligations under this Agreement, and upon reasonable
request of City, delivers to the City an opinion of transferee’s counsel to the effect that this Agreement is the valid, binding and enforceable obligation of such transferee.
18.2.3 In addition, City shall not unreasonably withhold its consent to the sale, transfer or other disposition of the Project, in whole or in part, provided that:
18.2.3.1 The Project is and shall continue to be operated in compliance with the Agreement;
18.2.3.2 The transferee expressly assumes all obligations of Developer imposed by this Agreement; and/or
18.2.3.3 The transferee executes all documents reasonably requested by the City with respect to the assumption of the
Developer’s obligations under this Agreement.
19. Default and Remedies.
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15 19.1 Events of Default.
19.1.1 The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”):
19.1.1.1 The occurrence of a transfer in violation of Section 17 hereof;
19.1.1.2 Subject to Developer’s right to contest the following charges, Developer’s failure to pay taxes or assessments due on the Property, Project, or Restricted Unit(s) and Developer’s failure to cure such default within ten (10) days.
19.1.2 Developer’s default in the performance of any term, provision, or covenant under this Agreement or under any other City document, and unless such provision specifies a shorter cure period for such default, the continuation of such default for ten (10) days in the event of a monetary default or thirty (30) days in the event of a non- monetary default following the date upon which the City shall have given written notice of default to Developer, or if the nature of any such non-monetary default cannot be cured within thirty (30) days, Developer’s failure to commence to cure the default within thirty (30) days and thereafter prosecute the curing of such default with due diligence and in good faith, but in no event longer than one hundred and twenty (120) days from receipt of the notice of default.
19.1.3 At least ten (10) days prior to City’s declaring any default under this Agreement, City shall provide written notice of such default to Developer and to each of Developer’s lenders holding a security interest of record and Developer’s lender shall have the right, but not the obligation, to exercise any cure rights provided for in this Agreement as amended and such cure shall be accepted by City as and to the same extent as cure by Developer.
19.2 Remedies.
19.2.1 If within the applicable cure period, Developer fails to cure a default or fails to commence to cure and diligently pursue completion of a cure, as applicable, or if a cure is not possible, City may proceed with any of the following remedies:
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16 19.2.1.1 Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory
relief;
19.2.1.2 Pursuant to the deed of trust, foreclose on the Property or Restricted Unit(s);
19.2.1.3 For violations of obligations with respect to sale price for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Sales Price for Restricted Units; or
19.2.1.4 Pursue any other remedy allowed at law or in equity.
19.2.2 Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of; any rights and remedies expressly provided in this Agreement.
20. Indemnification.
20.1 Notwithstanding the insurance coverage required hereunder, Developer shall defend, indemnify and hold harmless City and its officials, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, claims, demands, judgments, actions, court cases, and legal or other expenses (including reasonable attorneys’ fees) which an Indemnified Party may incur as a result of:
20.1.1 Developer’s failure to perform any obligation as and when required by the Agreement; and
20.1.2 Any act or omission by Developer, or any of Developer’s contractors, subcontractors, agents, employees, licensees or suppliers with respect to the Project’s four (4) Restricted Units, except to the extent that such losses are caused by the gross negligence or willful misconduct of such Indemnified Party.
20.2 Developer shall pay immediately upon an Indemnified Party’s demand any amounts owing under the indemnity provided under this Section. The duty of Developer to G.2.b
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17 indemnify includes the duty to defend the Indemnified Party in any court action, administrative action, or other proceeding brought by any third party arising in connection with the Project’s four (4) Restricted Units with counsel reasonably approved by City. Developer’s duty to indemnify the Indemnified Parties shall survive the expiration or earlier termination of this Agreement.
21. Miscellaneous.
21.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties.
21.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Developer of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
21.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section.
21.3.1 All such notices shall be sent by:
21.3.1.1 Personal delivery, in which case notice is effective upon delivery;
21.3.1.2 Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or
21.3.1.3 Nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service.
21.3.2 All such notices shall be sent to:
City: City of Hollister
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18 375 Fifth St.
Hollister, CA 95023
Attention: Housing Programs Manager
Developer: Del Curto Brothers Group
PO BOX 1311
Hollister, CA 95024
21.4 Further Assurances. The Parties shall execute, acknowledge, and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.
21.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.
21.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the governing body of the City.
21.7 Non-Liability of City and City Officials, Employees, and Agents. No member, official, employee, or agent of the City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement.
21.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.
21.9 Time is of the Essence. Time is of the essence in the performance of this Agreement.
21.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law.
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19 21.11 Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
21.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
21.13 Entire Agreement; Exhibits. This Agreement, together with the language pursuant to Density Bonus law, contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. The exhibits attached hereto are incorporated herein by this reference.
21.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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20 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Agreement and Declaration of Restrictive Covenants as of the date first written above.
CITY OF HOLLISTER
a California Municipal Corporation
By: _____________________
Name: [NAME] _____________________________
[TITLE]
Del Curto Brother Group
a California corporation
By:
Name:
Title:
By:
Name:
Title:
ATTEST:
By: _____________________
City Clerk
APPROVED AS TO FORM:
By: _____________________
City Attorney
SIGNATURES MUST BE NOTARIZED
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21 Exhibit A
PROPERTY LOT AND ASSESSOR PARCEL NUMBERS
Address Unit Number Unit Type Assessor Parcel
Number
400 San Benito 204 Studio
400 San Benito 210 Studio
400 San Benito 206 1 Bedroom
400 San Benito 306 1 Bedroom
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22 Exhibit B
AFFORDABLE HOUSING MARKETING PLAN
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23 Exhibit C
Grant Deed Containing Covenants, Conditions and Restrictions Governing Use and Resale of the Property
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24 Exhibit D
Promissory Note
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25 Exhibit E
Deed of Trust
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AFFORDABLE
HOUSING
MARKETING PLAN
400 Block
AFFORDABLE HOUSING FOR
LOW-INCOME HOMEOWNERS
October 2023
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2 Contents
400 Block Overview ..................................................................................................................... 1 Section 1: Affordable Sales Price ................................................................................................. 5 Section 2: Eligibility Requirements .............................................................................................. 6 Section 3: Affordable Housing Advertising Plan ......................................................................... 7 Section 4: Affordable Housing Unit Marketing Timeline ............................................................ 9
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3 Overview
The City Council of the City of Hollister (“City”) approved Resolution 2017-139 on June 5, 2017, approving a Development and Disposition Agreement (Agreement) with Del Curto Brothers Construction Inc. (“Developer”) and the Community Foundation for San Benito County for the sale of the 400 Block property on San Benito Street. The Developer received approval for a Conditional Use Permit for a Planned Unit Development in conjunction with a request for a Tentative Map 2019-1 to approve a three story mixed-use building with 22 residential units and 6 commercial units in the Downtown Mixed Use (DMU) Zoning District of the City of Hollister. The maximum density for the site per the DMU Zoning Ordinance would allow for 18 residential units and 22 residential units exceeds the DMU Zoning District maximum density of 40 units per acre. A condition of the Conditional Use Permit requires the Developer to meet the requirements for a density bonus by providing affordable housing and/or special needs housing per state law.
The 400 Block residential development project is composed of twenty-two (22) condominium housing units. Of the twenty-two (22) condominium housing units, four (4) are restricted lower-income affordable units. Of the four restricted units, two (2) studio housing units are designated for very low-income households and two (2) one-bedroom units are designated for low-income households.
A component of the Affordable Housing Agreement includes a written marketing plan approved by the City. The purpose of this Marketing Plan is to implement an affirmative and fair marketing plan to define the sale process for all four (4) restricted lower- income affordable units. The Marketing Plan discusses each step of how the affordable units will be advertised, initial sales price limits, and application submittal process.
Capitalized terms in this component unless otherwise defined in this marketing plan, shall the meanings given in the Affordable Housing Agreement.
Section 1: Sale Price of Affordable Housing Units
Provides examples of the estimated maximum allowed list price based on the definitions in the Affordable Housing Agreement.
Section 2: Eligibility Requirements
Discusses the income and other eligibility requirements for each Affordable Housing Unit.
Section 3: Affordable Unit Advertising Plan
Details the advertising plan to ensure public awareness of the Affordable Housing Unit opportunity at the 400 Block residential project as addressed in the Affordable Housing Agreement.
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4 Section 1: Sales Price of Affordable Housing Units
Estimated Affordable Sales Price
As stated in the Affordable Housing Agreement, the initial Affordable Sales Price for the very low-income studio will be limited to a mortgage payment that does not exceed one- twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of AMI, for a household of one (1). As stated in the Affordable Housing Agreement, the initial Affordable Sales Price for the low- income Affordable Housing Units will be limited to a mortgage payment that does not exceed one- twelfth (1/12) of thirty percent (30%) of seventy percent (70%) of AMI, for a household of four (2). “AMI” means the area median income for San Benito County determined periodically by the California Department of Housing and Community Development (“HCD”) as published in Section 6932 of Title 25 of the California Code of Regulations.
Density Bonus law assumes the Affordable Housing Cost will include the following:
• Principal and interest on a mortgage loan and any loan insurance fees associated therewith • Property taxes and assessments
• A reasonable allowance for property maintenance and repairs • A reasonable allowance for an adequate level of service for utilities, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuels, but excluding telephone service
• Homeowner Association fees
• Space rent, if the housing unit is situated on rented land • Fire and Casualty Insurance
The following assumptions related to the Affordable Housing Unit Sale Price:
• Five Percent (5%) down payment
• Thirty (30) year amortized fixed loan rate
• Interest rate equal to the published FHA 30 year fixed rate
Additionally, to enable the City to calculate the prices, the Developer must describe expected homeowners' association fees plus any special assessments, such as Mello-Roos/CFD payments.
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5 The maximum sales price is based the imputed family size for the unit is as shown below as applied in
Sample Estimated Maximum Sales Price
Based on the assumptions as provided in State Density-Bonus Law and described above a Very- Low-Income Affordable Sales Price for a studio 1-person unit and a Low-Income Affordable Sales Price for a two (2) person one-bedroom unit are determined to be an estimated maximum price of $ _______ and $______, respectively, and have been calculated as follows:
Family Size Very Low Income Low Income
Annual Area Median Income (AMI)
Maximum Monthly Affordable Housing Cost
Sales Price at Time of Purchase
Down Payment (5%)
Loan Amount
Interest Rate (FHA 30 year fixed)
Property Tax (1.33%)
Community Facility District
Mortgage Insurance
Homeowner’s Insurance
Utilities
HOA + Parking
Maintenance & Repairs
Monthly Mortgage Costs
Monthly Non-Mortgage Costs
Monthly Total Payment
Type of Unit Imputed Number of Person In Household
Studio 1
1 Bedroom 2
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6 Section 2: Eligibility Requirements
To be eligible for a studio Affordable Housing Unit, eligible households must be a “Very Low -Income Household” defined as a household that has a gross income that is less than or equal to seventy percent (50%) of AMI.
To be eligible for a one (1) bedroom Affordable Housing Unit, eligible households must be a “Low-Income Household” defined as a household that has a gross income that is less than or equal to seventy percent (70%) of AMI.
Eligibility Factors
# Eligibility Factor
(Benchmark)
Agency Requirement
1 First-Time Homebuyer No First-Time Homebuyer
2 Asset Limits No Asset Limits
3 Minimum / Maximum
Occupancy
No Min or Max
Qualification Factors
# Qualification Factor
(Benchmark)
Agency Requirement
1 Credit Scores No Credit Score Requirement
2 Housing Payment Ratio
(Front End)
No Housing Payment Ratio Requirement
3 Minimum Down Payment No Down Payment Requirement
All buyers will be required to sign an Intent to Abide that outlines the basic requirements of the deed restriction. 2023 HCD Income for San Benito County
Household Size (1)
Very Low Income $39,000
2023 HCD Income for San Benito County
Household Size (2)
Low Income $71,250
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7 Section 3: Affordable Housing Advertising Plan
The Developer is responsible for all related expenses to meet the requirements of this Marketing Plan. The Developer will be responsible for ensuring the affordable housing advertising plan is initiated in order to reach potential applicants. A mix of marketing strategies and techniques will be used to ensure eligible households are made aware of the affordable residences available at 400 Block residential development.
The Developer and the City agree to use a third-party firm to manage the application process and assist in vetting qualified buyers. The use of a third-party is not required. The Developer’s Authorized Agent will supply the Developer with qualified applicants, once the applicants have been approved by the City. In text, the selected third-party firm is referred to as the Developer’s Authorized Agent.
The Fair Housing & Equal Housing Opportunity and Accessibility logo must be included in all signs, ads, brochures, and written communications. A sign displaying the Fair Housing & Equal Housing Opportunity and Accessibility logo will also be posted in the sales office location.
All print, digital, and website information will include at minimum the following information:
• Development Property name, address, phone number, and website address • Floor Plans Number of Affordable Units available
• Number of bedrooms & bathrooms
• Affordable Sales Price Ranges
• Affordable Housing Unit Description
• Provide description of floor plans, elevations, square footage • Income Eligibility Requirements
• Sales Office hours
• English/Spanish translated material
• Fair Housing and Equal Opportunity logo
Webpage & Multiple Listing Service (MLS)
The Developer may include the creation of a webpage designated specifically to the Affordable Housing Units within the subdivision project. The Developer may maintain and manage a project website to market the Affordable Housing Units and application process. The project website will provide detailed descriptions of the Affordable Housing Units and include the terms, application procedures, and eligibility requirements. If a website is completed, informational links will be posted on the City website to direct interested applicants to the Developer’s designated website.
The Developer seeks to advertise all units in the Multiple Listing Service (MLS). In order to ensure prospective applicants and/or buyers are aware of the terms the following information must be included in the MLS description.
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8 • Units are restricted to buyers of very low and low income as defined by Housing Community Development (HCD)
• Completion of a separate eligible application filed with the Developer
Printed Material & Communication
The Developer is responsible for the creation with any printed material, such as newspaper advertisements and fliers. The Developer will post one (1) print newspaper advertisement at the beginning of the marketing efforts and once per year, in a minimum of one (1) local publication chosen by the City until all affordable units have been sold or have buyers in escrow. The newspaper posting may re-use the same creative content. Fliers will be available at the Developer sales office as well as City offices. City may further distribute fliers to other locations they deem appropriate.
Digital Material & Communication
The Developer will be responsible for maintaining digital records of all advertising efforts. A digital advertising packet will be shared with the City monthly, while affordable units are being actively marketed and sold.
The Developer will create one (1) digital newspaper post, quarterly, in a minimum of two (2) local publications chosen by the City until all affordable units have been sold, with buyers in escrow. The newspaper posting may re-use the same creative content.
Marketing Timelines
Start Date
• Upon approval of a signed and fully executed Housing Agreement, the Developer may begin to market the Affordable Housing Units.
• Developer will provide estimated marketing start date as part of monthly report.
Quarterly
• Creation and posting of one (1) digital newspaper posting, once per quarter.
Annually
• One (1) print newspaper posting at the beginning of the marketing efforts and once per year.
Application Material
Applications will be made available on-site at the Developer Sales Office during the published open office hours. All hard copy applications shall be kept in a locked file cabinet.
Each applicant for an Affordable Housing Unit will receive a packet of information that includes:
• Developer application form approved by the City available in both English and Spanish, • Explanation of the process used to select homebuyers, G.2.c
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9 • Eligibility requirements,
• The income level(s) and occupancy standards for the various units, • Description of Affordable Housing Units available, including number of bedrooms and general location,
• Loan Finance terms, and
• Contact information for sales or rental office.
Staffing
The Developer’s Community Sales Team will assist both market rate and affordable market rate homebuyers, including but not limited to sharing of information, assisting with contract process, scheduling construction walk appointments and coordinating close of escrow process.
Maintenance of Records
The Developer and all sales staff must maintain records of all marketing efforts in print and electronic media (copies of newspaper ads, memos of phone calls, copies of letters, brochures, fliers, location publications posted, web postings, etc.). As noted, in the Affordable Housing Agreement Section 8 & 9.
Selection Process
Ownership units are selected through a lottery process with Applicants who enter the drawing by the entry deadline. The Lottery can be officially witnessed by City Staff and the published results will be made available to the public. Each applicant will be listed by their Application ID and no personally identifiable information will be used in the published results to protect the identity of the applicant
Section 4: Affordable Housing Units Marketing Timeline
# Milestone Estimated Date
1 Marketing Kick-Off 01/01/2024
2 Entry Deadline for
Applicants
02/01/2024
3 File Submission Deadline 02/15/2024
4 Processing & Underwriting 4/15/2024
5 Escrow Closings 4/15/2024
and until all
Affordable
Housing
Units are
sold.
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10 Monthly Update
The Developer or Developer’s Agent shall submit a monthly report upon the execution of the Housing Agreement to the City, which contains, at a minimum, the following information:
• Time and method of public notice of availability of Affordable Housing Units for sale request for applications.
• Listing of all applications for Affordable Housing Units during the eligible application period.
• Report on applicants selected, identifying those who acquired the Affordable Housing Units and those who did not qualify or were deemed ineligible, and a copy of the correspondence to all applicants deemed ineligible.
• An inventory of remaining Affordable Housing Units to be sold. • An inventory of Affordable Housing Units in default.
• Provide a timeline on when the future Affordable Housing Units will be completed to ensure timely escrow and closing procedures.
The monthly report shall be submitted to the City staff the first of each month.
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
1 Space above this line for Recorder’s use.
Escrow No.
Property Address: APN: _____________
ATTENTION TITLE COMPANY:
THIS AGREEMENT IMPOSES RESTRICTIONS UPON RESALE AND REFINANCING.
VIOLATION OF SUCH RESTRICTIONS ENTITLES THE CITY OF HOLLISTER TO
EXERCISE REMEDIES, INCLUDING THE EXERCISE OF AN OPTION TO PURCHASE
THE PROPERTY AT A RESTRICTED PRICE AND FREE OF ALL UNAUTHORIZED LIENS.
IN THE EVENT THAT THE FIRST DEED OF TRUST IS REFINANCED OR A
SUBORDINATE DEED OF TRUST IS RECORDED, NOTICE OF THE REFINANCE
OR NEW LIEN MUST BE SENT TO THE CITY OF HOLLISTER AT ADDRESS LISTED ABOVE.
RESALE RESTRICTION
AGREEMENT AND OPTION TO
PURCHASE
This Resale Restriction Agreement and Option to Purchase (this “Agreement”) is entered into as
of , 20 , by and between the City of Hollister, a municipal corporation (“City”) and and (collectively, “Owner”). City and Owner are collectively referred to herein as the “Parties” and sometimes individually as “Party.”
RECITALS
WHEREAS, Owner has purchased, or intends to purchase, the property located at Street, Hollister, California, (as more particularly described in Exhibit A attached hereto and incorporated herein, the “Property”);
WHEREAS, in accordance with the approved Conditional Use Permit for a Planned Unit Development, Resolution 2018-14, pursuant Density Bonus law the Property is designated a restricted for-sale unit to an eligible very-low or low income households at a below-market rate price;
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Hollister City
375 Fifth Street
Hollister, CA 95023
Attention: Housing
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
2 WHEREAS, in accordance with the approved Housing Agreement, the intent of the City is to preserve the affordability of the Property for as long as possible;
WHEREAS, Owner has agreed to execute and comply with this Agreement in consideration for the opportunity to purchase the Property at a reduced purchase price; and
WHEREAS, this Agreement restricts the resale price of the Property, restricts the Property to owner-occupancy, and specifies, among other provisions, that City has an option to purchase the Property upon the occurrence of specified events. As described in Section 14 below, in connection with this Agreement, Owner will execute and deliver to City a secured promissory note pursuant to which Owner will be obligated to pay City excess sale proceeds, and a deed of trust for the benefit of City, which shall be recorded against the Property to secure payment of such note and performance of Owner’s obligations under this Agreement.
NOW, THEREFORE, in consideration of the benefits received by Owner, and other good and valuable consideration, the Parties agree as follows:
1. Principal Residence Requirement; Excess Proceeds Note and Performance Deed of Trust. Owner has purchased, or intends to purchase the Property, including any improvements thereon. The Property is designated as a below-market rate unit, and is subject to the terms and conditions set forth in this Agreement. Owner covenants and agrees that Owner will fully and timely comply with all of the provisions of this Agreement, will occupy the Property as Owner’s principal residence, and will not rent or lease the Property or part thereof without the prior written approval of City. Owner shall be considered as occupying the Property as a principal residence if Owner lives in the home located on the Property for at least ten (10) months out of each calendar year. Upon City’s request from time to time, Owner shall provide an affidavit to City certifying that the Property is Owner’s principal residence and shall provide such documents as City may reasonably require to verify compliance with the requirements of this Section.
Owner’s failure to occupy the Property as Owner’s principal residence shall constitute a default under this Agreement entitling City to exercise its option to purchase the Property pursuant to Section 8. In connection with Owner’s acquisition of the Property, Owner shall execute and deliver to City an Excess Proceeds Note substantially in the form attached hereto as Exhibit B (“Excess Proceeds Note”) and shall execute a Performance Deed of Trust substantially in the form attached hereto as Exhibit C (“Performance Deed of Trust”) which shall be recorded against the Property concurrently with the recordation of this Agreement.
2. Covenant Running with the Land. The terms and conditions set forth in this Agreement are intended to run with the land and shall bind Owner and all successors, heirs, grantees and assigns of Owner, unless and until expressly superseded by a subsequently recorded agreement. These terms and conditions shall be made part of each deed subsequently recorded and shall bind each successor in interest until the earlier of: (a) thirty (30) years from the date of recordation of this Agreement, or (b) the recordation of a subsequent and superseding G.2.d
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
3 agreement. This Agreement and the covenants contained herein shall survive delivery of any deed conveying the Property.
3. Representation and Warranty. Owner represents and warrants to City that the financial and other information Owner has provided to City and City’s agents for the purpose of qualifying to purchase the Property was accurate and complete at the time it was provided and remains accurate and complete as of the date of this Agreement. Owner further understands that any material misstatement or misrepresentation shall be deemed to be a material breach of this Agreement and shall be grounds for declaring a default, terminating Owner’s rights in the Property, or seeking other such relief and remedies as are appropriate under the circumstances.
4. Refinance. For purposes of this Agreement, “Refinance” means any voluntary or involuntary refinancing, encumbrance, or other hypothecation of the Property, including, without limitation, any encumbrance of the Property by a mortgage or deed of trust that is recorded after this Agreement. Any Refinance of the Property will be subject to the conditions set forth in this Agreement.
a. Request to Refinance. Owner shall not cause or permit any Refinance of the Property or any interest therein, to or by any person or entity without first delivering written notice to City (a “Request to Refinance”) and obtaining City’s written consent. The Request to Refinance shall provide the name and address of the lender and the proposed terms of the encumbrance, refinancing, or hypothecation. Under no circumstances may Owner encumber, refinance, or otherwise hypothecate the Property for an amount in excess of ninety-five percent (95%) of the Purchase Price as determined pursuant to Section 8.b below.
b. City’s Rights. Within sixty (60) days following receipt of notice of a Request to Refinance, City may, in its sole discretion, do one of the following:
i. Provide written notice of exercise of the City’s Option to Purchase pursuant to Section 8 below, or
ii. Provide written notice of consent to the Refinance, which consent shall be consistent with City’s goal of creating, preserving, maintaining, and protecting housing for persons of low and moderate, or
iii. Provide written notice of denial of the Request to Refinance.
5. Sale Procedure. Any sale, conveyance, assignment, or other transfer of any legal, equitable, or possessory interest in the Property (“Sale”) will be subject to the conditions set forth in this Agreement.
a. Request to Sell. Owner shall not cause or permit any Sale of the G.2.d
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
4 Property or any interest therein, to any person or entity without first delivering written notice to City (a “Request to Sell”) and allowing sixty (60) days for City to exercise City’s Option to Purchase the Property pursuant to Section 8 below. The Request to Sell shall provide the proposed sale price and terms.
b. City’s Rights. Within sixty (60) days following receipt of a Request to Sell, City may, in its sole discretion, either provide written notice of exercise of the City’s Option to Purchase or provide a written waiver of City’s Option to Purchase.
6. Conditions of Sale to a Third Party. If Owner has complied with all requirements set forth in Section 5 above and if City provides a written waiver of City’s Option to Purchase, Owner may sell the Property to a third party provided that all of the following conditions are satisfied:
a. Occupancy. The prospective buyer certifies that they intend to occupy the Property as their principal residence;
b. Income. The prospective buyer qualifies as a Moderate-Income Household which means that they do not have a Gross Annual Household Income (defined below) exceeding one hundred twenty percent (120%) of the then-current San Benito County area median income (“Area Median Income”), adjusted for actual household size, as determined and published from time to time by the California Department of Housing and Community Development in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to Section 50093(c) of the California Health and Safety Code. “Gross Annual Household Income” means the combined adjusted gross (pre-tax) income of all adult persons in a household as calculated pursuant to the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor.
c. Price. The sale price does not exceed the Purchase Price determined pursuant to Section 8.b below; and
d. Restriction Agreement, Excess Proceeds Note and Performance Deed of Trust. The buyer must execute a new Resale Restriction Agreement and Option to Purchase restricting the resale and refinancing of the Property, in a form provided by City, which shall be recorded concurrently with recordation of the deed transferring title to the Property to the buyer, and the buyer must execute a new Excess Proceeds Note obligating the buyer to pay to the City any excess sales proceeds derived from a future sale of the Property in excess of the permitted Purchase Price, and a Performance Deed of Trust for the benefit of City securing the buyer’s obligations under the G.2.d
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AND OPTION TO PURCHASE
5 Excess Proceeds Note and the Resale Restriction Agreement, and such other documents as required by City.
7. Foreclosure. The recording by any lienholder of any notice of default or notice of sale pursuant to California Civil Code Section 2924 et seq. (as such may hereafter be amended or replaced), shall constitute a Request to Sell (as defined in Section 5), entitling the City, or its designee or assignee, to exercise the Option to Purchase pursuant to Section 8, provided, however, that City, or its designee or assignee, must complete such purchase no later than the end of the period established by California Civil Code Section 2924c for reinstatement of a monetary default under the deed of trust or mortgage.
a. Right to Cure. In the event of Owner’s default under a deed of trust or mortgage, City, or its designee or assignee, shall have the same right as Owner to cure defaults and redeem the Property prior to foreclosure sale.
Such redemption shall be subject to the same fees, charges, and penalties that would otherwise be assessed against Owner . Nothing herein shall be construed as creating any obligation on the part of City to cure any such default, nor shall this right to cure and redeem operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage.
b. Surplus Funds. In the event City, or its designee or assignee, does not exercise the Option to Purchase and a foreclosure sale is consummated, any Excess Sales Proceeds (defined in Section 14 below) resulting from such foreclosure sale that remain after payment of encumbrances as required by law, shall be paid to City, or its successors or assigns.
8. Option to Purchase. Owner hereby grants to City an option to purchase the Property (“Option to Purchase”) under conditions set forth in this Agreement. The Option to Purchase shall be exercisable upon the occurrence of any of the following: (i) Owner delivers a Request for Sale to City, (ii) a notice of default or notice of sale is recorded against the Property by any lienholder, (iii) a Prohibited Transfer occurs and continues in effect beyond the cure period specified in Section 10, (iv) Owner fails to occupy the Property as Owner’s principal residence and such failure continues for a period of thirty (30) days following written notice of default from City, or (v) a default arises under any other provision of this Agreement and continues beyond any applicable cure period.
a. Assignment. City may assign the Option to Purchase to a governmental or nonprofit organization. City or its assignee may further assign the Option to Purchase to an individual private buyer that qualifies as a Moderate- Income Household, is approved by City, and enters into a Resale Restriction and Option to Purchase Agreement and other documents as required by City. In no event shall City become in any way liable to Owner, nor become obliged in any manner, by reason of the assignment of its right to purchase, nor shall City be in any way obligated or liable to Owner for any failure of G.2.d
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
6 City’s assignee to consummate a purchase of the Property or to comply with the terms of any purchase and sale agreement.
b. Purchase Price. The purchase price for the Property (“Purchase Price”) that shall apply for both the exercise of the Option to Purchase by City or its designee or assignee and for any sale of the Property to a third party, shall be fixed at the lower of the Fair Market Value or [the Adjust Base Price] [Affordable Sales Price] determined as follows:
i. Fair Market Value. The fair market value of the Property (“Fair Market Value”) shall be determined as follows. City or its designee shall have an appraisal of the Property conducted by a neutral professional appraiser of its choice . Owner may also have an appraisal of the Property conducted, at Owner’s cost, by a neutral professional appraiser of Owner’s choice. If agreement cannot be reached, the average of the two (2) appraisals shall be deemed to be the Fair Market Value of the Property.
ii. Adjusted Base Price. The “Adjusted Base Price” shall equal the purchase price paid by Owner for the Property plus any prepayment fees paid by Owner at the time Owner purchased the Property (the “Base Price”) which Base Price is equal to Dollars
($ ), plus an amount, if any, to compensate for any increases in the housing component of the Consumer Price Index, San Francisco-Oakland-San Jose, California, published periodically by the United States Department of Labor, Bureau of Labor Statistics (“Index”). For that purpose, the Index effective as of the date of this Agreement shall be compared with the latest Index available on the date the Property was last occupied in compliance with the Agreement. The percentage increase in the Index, if any, shall be computed, and the Base Price shall be adjusted by that percentage to calculate the Adjusted Base Price.
iii. Affordable Sales Price. Affordable Sales Price means a sales price that will result in an Affordable Ownership Cost for a household whose Gross Annual Household Income does not exceed 110% of Area Median Income (defined in Section 6.b above) based upon Assumed Household Size (defined below). “Affordable Ownership Cost” means the sum of all of the following: (i) principal and interest on a mortgage loan and any loan insurance fees associated therewith; (ii) property taxes and assessments; (iii) a reasonable allowance for property maintenance and repairs based upon the estimated annual home warranty expense; (iv) a reasonable allowance for an adequate level of service for utilities based upon the established local Housing Authority Utility Allowance including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuels, but excluding telephone G.2.d
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
7 service; (v) homeowner association fees; and (vi) fire and casualty insurance does not exceed thirty-five percent of 110% of Area Median Income. In calculating Affordable Ownership Cost, mortgage payments will be calculated using a thirty-year term, an interest rate equal to the current Housing Finance Agency (HFA) interest rate as published by the State’s HFA or an equivalent source and will assume a five percent down payment. “Assumed household size” means, a household with a total number of members equal to the number of bedrooms in the dwelling unit, plus one, consistent with Section 50052.5(h) of the California Health and Safety Code and subject to applicable federal rules (if any). The Property has [ 3 bedrooms], therefore the Assumed Household Size is [four].
c. Improvements. The [Adjusted Base Price] [Affordable Sales Price] shall be increased by the actual cost of any reasonable and substantial structural or permanent fixed improvements made to the Property, provided such improvements were performed with prior written approval from City.
Examples of such improvements include, but are not limited to, structural, permitted additions of square footage or the addition of a pool. No price adjustment will be made except upon presentation to City of written documentation of all expenditures made by Owner for which an adjustment is requested.
d. Deferred Maintenance. The [Adjusted Base Price] [Affordable Sales Price] shall be decreased by an amount to compensate for deferred maintenance costs, which amount shall be determined in the following manner. Upon receipt of a Request to Sell, City or its designee shall be given reasonable right of entry to the Property to determine whether any violations of applicable building, plumbing, electric, fire, or housing codes or of any other provisions of the Hollister Municipal Code exist. In the event deficiencies are noted, City shall obtain estimates of the cost to cure the observed deficiencies. Owner shall cure the deficiencies in a reasonable manner acceptable to City or City’s designee within sixty (60) days of being notified of the results of the inspection, but, in no event, later than close of escrow.
Should Owner fail to cure such deficiencies prior to the scheduled date of close of escrow, at the option of City, its designee or assignee, escrow may be closed, title conveyed, and sale proceeds paid to Owner subject to the condition that such funds as are necessary to pay for the curing of such deficiencies (based upon the written estimates obtained by City) will be withheld from the funds due to Owner and shall be released to City or its designee for the purpose of curing such deficiencies.
e. Escrow. If City exercises its Option to Purchase the Property, City G.2.d
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AND OPTION TO PURCHASE
8 shall open escrow within seven (7) days after delivery of written notice of the exercise of the option. Escrow shall close within ninety (90) days after the opening of escrow.
f. Disclosures. Owner shall provide City with all disclosures regarding the Property as required by law within seven (7) days after City provides notice of the exercise of its Option to Purchase. City’s review and approval of the condition of the Property is a contingency of City’s purchase. If the condition of the Property is unacceptable, City shall have thirty (30) days following receipt of all disclosures to cancel the purchase by providing written notice to Owner . If City does not provide written notice of cancellation, then this contingency shall be deemed waived.
g. Title. Title to the Property shall be conveyed to City or its assignee by grant deed, free of all monetary liens and encumbrances. All property taxes, assessments and homeowner dues shall be paid current by Owner through the close of escrow.
h. Closing Costs. Closing costs and title insurance shall be paid pursuant to the custom and practice in the County of San Benito at the time of the opening of escrow.
Occupancy. Owner shall vacate the Property and deliver possession to City or its assignee upon close of escrow.
9. Subordination. This Agreement shall be subordinate to the first deed of trust or mortgage securing a thirty (30) year, fully amortized, fixed rate promissory note for the repayment of funds used entirely for Owner’s purchase of the Property (“First Deed of Trust”), provided the beneficiary of the note is a federally or state chartered bank or savings and loan association qualified to do business in the State of California (“Senior Lien Holder”). City and Owner acknowledge and agree that this Agreement is subject and subordinate in all respects to the liens, terms, covenants, and conditions of the First Deed of Trust. This Agreement is also subject and subordinate to all advances made pursuant to the First Deed of Trust held by a Senior Lien Holder including all sums advanced for the purposes of protecting or further securing the lien of the First Deed of Trust, curing defaults by Owner under the First Deed of Trust, or any other purpose expressly permitted by the First Deed of Trust. Notwithstanding any other provision hereof, the provisions of this Agreement and the City Deed of Trust shall be subordinate to the lien of the Senior Lien Holder’s First Deed of Trust and shall not impair the rights of the Senior Lien Holder, or such lender's assignee o r successor in interest, to exercise its remedies under the Senior Lien Holder’s First Deed of Trust in the event of default under the Senior Lien Holder’s First Deed of Trust by Owner. Such remedies under the Senior Lien Holder’s First Deed of Trust include the right of foreclosure, acceptance of a deed in lieu of foreclosure, or assignment in lieu of foreclosure. After such foreclosure, acceptance of a deed in lieu of foreclosure or assignment in lieu of foreclosure, this Agreement and the City Deed of Tr ust shall be forever terminated and shall have no further effect as to the Property or any transferee thereafter; provided, however, if the holder of such First Deed of Trust acquires title to the Property pursuant to a deed or assignment in lieu of foreclosure, this Agreement and the City Deed of Trust shall automatically terminate upon such G.2.d
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9 acquisition of title only if (A) a notice of default was recorded under the applicable Senior Lien Holder’s First Deed of Trust or (B) if no notice of default was reco rded, City has been given written notice of default under such Senior Lien Holder’s First Deed of Trust with a cure period of at least sixty (60) days and City or its designee shall not have cured the default within such cure period.
10. Prohibited Transfer. Any voluntary or involuntary transfer, assignment, conveyance, lease, rental, Sale or Refinance of the Property (“Transfer”) in violation of the terms of this Agreement shall be deemed a “Prohibited Transfer”. Upon receiving notification of a Prohibited Transfer, City may give written notice to Owner specifying the nature of the Prohibited Transfer. If the violation is not corrected to the satisfaction of City within ten (10) days after the date of the notice or within such further time as City determines is necessary to correct the violation, City may declare a Default under this Agreement and may exercise the Option to Purchase or other remedies provided hereunder.
11. Permitted Transfers. Transfer of title to the Property to the spouse of Owner pursuant to marriage, divorce, or by inheritance upon the death of Owner, shall not constitute a Prohibited Transfer, and will not be subject to the Option to Purchase provisions of this Agreement, provided that all terms and conditions set forth in this Agreement shall continue to run with the Property following any such Transfer. The recipient of the Transfer must be named on the Senior Lien Holder's First Deed of Trust. Without limiting the foregoing, all terms and conditions set forth in this Agreement, including without limitation, the prohibition on rental or leasing of the Property, the continuation of the City’s Option to Purchase, and the continuation of restrictions upon Sale or Refinance of the Property shall continue to apply.
12. Default. Owner’s breach of any of the terms, covenants, or obligations under this Agreement, including, without limitation, Owner’s unauthorized leasing or rental of the Property or failure to occupy the Property as Owner’s principal residence, and/or any other Prohibited Transfer, shall be deemed a Default hereunder. City’s remedies for a Default include, but are not limited to, the following: City may exercise its Option to Purchase, and/or City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, for an award of damages and attorneys’ fees, and for such other relief as may be appropriate. Upon the occurrence of a Default, City may declare all sums due under the Excess Proceeds Note immediately due and payable and City may invoke the power of sale under the Performance Deed of Trust. Each of the remedies provided herein is cumulative and not exclusive, and City may exercise, from time to time, any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement.
13. Distribution of Insurance and Condemnation Proceeds. In the event that the Property is partially or totally destroyed and insurance proceeds are distributed to Owner instead of being used to rebuild, or in the event of condemnation, if proceeds thereof are distributed to Owner, or in the event of termination of any applicable homeowner’s association and distribution of the assets of the association to the members thereof, including Owner, any surplus proceeds so distributed remaining after payment of encumbrances of said Property shall be distributed as G.2.d
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10 follows: that portion of the surplus up to, but not to exceed, the net amount that Owner would have received under the formula set forth in Section 8 above had City exercised its Option to Purchase the Property on the date of the destruction, condemnation valuation date, or liquidation, shall be distributed to Owner, and the balance of such surplus, if any, shall be distributed to City or its successors or assigns.
14. Payment to City of Excess Sales Proceeds. If a Prohibited Transfer of the Property occurs, Owner shall immediately pay the Excess Sales Proceeds to the City. For purposes of this Agreement, “Excess Sales Proceeds” shall mean the amount by which the gross sales proceeds paid for the Property by the new purchaser exceeds the Purchase Price for the Property as determined pursuant to Section 8.b above. This amount shall be a debt of Owner to City, further evidenced by the Excess Proceeds Note and secured by the Performance Deed of Trust. Owner acknowledges that City shall have no obligation to cause reconveyance of this Agreement or the Performance Deed of Trust until any Excess Sales Proceeds payable to the City are paid in full.
Owner and City acknowledge that the formula for calculation of the amount of Excess Sales Proceeds due from Owner to City is intended to cause Owner to receive the same net sales proceeds from sale of the Property at an unrestricted price to a market purchaser (in violation of this Agreement) as Owner would receive from sale of the Property to City or to City’s assignee pursuant to City’s exercise of the Option to Purchase.
15. Notices. In every case when, under the provisions of the Agreement, it shall be necessary or desirable for one party to serve any notice, request, demand, report or other communication on another party, the same shall be in writing and shall not be effective for any purpose unless served: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows:
To Owner: OWNER NAME
ADDRESS
Hollister, CA
To City: Development Services Agency – Housing
City of Hollister
375 Fifth Street
Hollister, California 95023
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
16. Successors Bound. The terms of the Agreement shall be binding upon the parties hereto and their respective heirs, successors and assigns.
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11 of this Agreement, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred therein.
18. Right to Enforce. This Agreement shall not benefit or be enforceable by any person or entity except City and Owner and their respective successors and assigns.
19. Entire Agreement. This Agreement, the Excess Proceeds Note and the Performance Deed of Trust set forth the entire understanding between Owner and City. Any previous representations, warranties, agreements, and understandings among the Parties regarding the subject matter of this Agreement, the Excess Proceeds Note and the Performance Deed of Trust whether written or oral, are superseded by the terms of this Agreement, the Excess Proceeds Note and the Performance Deed of Trust.
20. Amendments; No Waiver. This Agreement may be modified or amended only by a written instrument duly executed by all parties hereto. Any waiver of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by a Party to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by a Party at any time to require strict performance of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
21. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in the document, and the document shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein.
22. Controlling Law and Venue. The terms of the Agreement shall be interpreted under the laws of the State of California. The Agreement was entered into and is to be performed in the County of Santa Clara, which is the exclusive venue for any action or dispute arising out of said Agreement.
23. Captions. All captions and headings in the Agreement are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof.
24. Joint and Several. The obligations of each party comprising Owner shall be joint and several.
25. Time of the Essence. Time is of the essence with regard to all matters contained in the Agreement.
26. Further Assurances. The parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall G.2.d
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12 reasonably request as may be necessary to carry out the intent of this Agreement.
27. Parties Not Co-Venturers; No Agency Relationship. Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another. The relationship of Owner and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Owner (except as expressly provided in this Agreement) or to any third party with respect to the Property.
28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGES.
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
13 IN WITNESS WHEREOF, the Parties have executed this Resale Restriction Agreement and Option to Purchase as of the date first written above.
CITY OF HOLLISTER
a municipal corporation
City Manager
OWNER:
Print Name:
Print Name:
APPROVED AS TO FORM:
City Attorney
(All signatures, except City Attorney, must be acknowledged by a Notary Public.) G.2.d
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara} ss.
On , 20 , before me, , a Notary Public,
personally appeared who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal
Signature of Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara} ss.
On , 20 , before me, , a Notary Public,
personally appeared who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal
Signature of Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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RESALE RESTRICTION AGREEMENT
AND OPTION TO PURCHASE
16 EXHIBIT A
LEGAL DESCRIPTION
[insert legal description]
APN: ____________________
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SECURED PROMISSORY NOTE
EXCESS SALES PROCEEDS Hollister, California
, 2023
FOR VALUE RECEIVED, the undersigned __________________and ______________ (collectively, the “Maker”) promise to pay immediately when due to the order of the City of Hollister, a municipal corporation (“City”), at 375 Fifth Street, Hollister, CA 95023 or at any other place that may be designated in writing by the City, all amounts due to the City as Excess Sales Proceeds pursuant to Section 14 of the Resale Restriction Agreement (defined bel ow). All sums due hereunder shall be payable in lawful money of the United States of America.
1. Definitions. As used herein, the following terms shall have the meanings set forth in this Section.
“City Deed of Trust” means that certain Performance Deed of Trust, Assignment of Rents and Security Agreement dated as of the date hereof, executed by Maker as Trustor for the benefit of the City and recorded against the Property to secure repayment of this Note and performance under the Resale Restriction Agreement, as such instruments may be amended, modified or supplemented from time to time.
“City Documents” means collectively this Note, the City Deed of Trust, and the Resale Restriction Agreement.
“Default” is defined in Section 8 of this Note.
“Excess Sales Proceeds” is defined in Section 14 of the Resale Restriction Agreement. “Note” means this Secured Promissory Note, as it may be amended, modified or supplemented from time to time.
“Prohibited Transfer” is defined in Section 10 of the Resale Restriction Agreement. “Property” means the property located at _______________ Street in the City of Hollister together with the improvements located thereon, as more particularly described in Exhibit A attached to the City Deed of Trust.
EXCESS PROCEEDS NOTE 1
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“Resale Restriction Agreement” means that certain Resale Restriction Agreement and Option to Purchase executed by and between City and Maker, dated as of the date of this Note and recorded in the Official Records of San Benito County. “Security” is defined in the City Deed of Trust.
“Transfer” is defined in Section 10 of the Resale Restriction Agreement.
2. Excess Proceeds. This Note is made and delivered pursuant to, and in implementation of, the Housing Agreement, pursuant to which, the City, in order to assist Maker to purchase the Property, has arranged for the sale of the Property to Maker at a below-market price.
Concurrently with the execution of this Note, Maker shall execute the City Deed of Trust and the Resale Restriction Agreement, each of which shall be recorded against the Property. The Resale Restriction Agreement imposes restrictions upon the price at which the Property may be sold and obligates Maker to pay to the City Excess Sales Proceeds in connection with any sale of the Property at a price greater than the Purchase Price as defined in Section 8.b of the Resale Restriction Agreement or upon the occurrence of any Prohibited Transfer.
3. Security. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Resale Restriction Agreement.
4. Payments. In the event any Excess Sales Proceeds become due and payable under the Resale Restriction Agreement, including without limitation, upon the occurrence of a sale of the Property at a price in excess of the Purchase Price permitted under Section 8.b of the Resale Restriction Agreement or a Prohibited Transfer of the Property, such amounts shall be immediately due and payable hereunder. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind.
5. Default Rate of Interest. If Excess Sales Proceeds payable to City pursuant to the Resale Restriction Agreement and this Note are not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of ten percent (10%) interest per annum, compounded annually, or the maximum rate permitted by law.
6. Prepayment. This Note may not be prepaid in whole or in part.
7. Transfer. Maker shall not transfer, lease, sell, assign, refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Resale Restriction Agreement. Maker’s failure to comply with the requirements of this paragraph shall be a Default under this Note.
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8. Default. The occurrence of any one or more of the following shall constitute an event of default (“Default”) hereunder:
a. The occurrence of a breach of any of Maker’s covenants, warranties, or representations under this Note, the City Deed of Trust, or the Resale Restriction Agreement, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker’s failure to occupy the Property as Maker’s principal residence, any failure to pay amounts payable pursuant to this Note, and Maker’s failure to maintain insurance on the Property as required pursuant to the City Deed of Trust. b. The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy act, or Maker’s consent to, acquiescence in, or attempt to secure the appointment of, any receiver for all or any substantial part of the Property. c. The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan.
9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
a. Declare all of the sums payable under this Note to be immediately due and payable without further demand.
b. Pursue the exercise of the power of sale provided under the City Deed of Trust.
c. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach.
d. Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents.
EXCESS PROCEEDS NOTE 3
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e. Exercise its option to purchase the Property pursuant to the Resale Restriction Agreement.
f. Exercise all other rights and remedies provided herein or in any other City Document.
g. Exercise any other remedy provided by law or in equity.
The rights and remedies of the City hereunder are cumulative, and the City’s exercise or failure to exercise one or more of such rights or remedies shall not preclude City’s exercise, at the same time or different times, of any other right or remedy for the same Default or any other Default.
10. Maker’s Personal Liability. Maker will be fully and personally liable for all loss, cost, liability, damage, and expense (including without limitation attorneys’ fees) suffered or incurred by City arising from any of the following:
a. Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security. b. Failure to pay and discharge any mechanics’ liens, materialmen’s liens, or other unpermitted liens against any portion of the Property or any other Security. c. Maker’s fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in the City Documents or in connection with Maker’s application to participate in the City’s affordable housing program. d. Maker’s retention of any rental income or other income arising with respect to any portion of the Property or any other Security subsequent to the date of City’s delivery of any notice of a Default, or which, under the terms of the City Documents, should otherwise have been paid to City.
e. Maker’s retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose. f. Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents.
g. The removal, demolition, damage or destruction of any portion of the Property or any other Security that is neither consented to in writing by City nor fully compensated for by insurance proceeds or condemnation awards.
EXCESS PROCEEDS NOTE 4
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h. The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City.
Nothing in this paragraph will affect or limit the rights of City to enforce any of City’s rights or remedies with respect to any portion of the Property or any other Security.
11. Maker’s Waivers. Maker hereby expressly waives diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note.
12. Notices. All notices, requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:
To Maker: At the Property address.
To City: City of Hollister
375 Fifth Street CA 95023
Attention: Housing
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
13. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker and Maker’s heirs, successors and assigns; provided however, Maker may not assign this Note without City’s prior written consent except as may be permitted in accordance with the City Deed of Trust and the Resale Restriction Agreement. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Maker, and upon notice to Maker of such assignment, all payments shall be made to the assignee.
14. No Joint Venture. The relationship of Maker and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the EXCESS PROCEEDS NOTE 5
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City and the Maker partners or joint venturers, nor do any of the City Documents establish a principal and agent relationship between City and Maker.
15. Attorneys’ Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys’ fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed.
16. No Third-Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Maker and their respective successors and assigns.
17. Entire Agreement; Amendments. This Note, together with the Resale Restriction Agreement and the City Deed of Trust, sets forth the entire understanding between Maker and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Resale Restriction Agreement, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Resale Restriction Agreement, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Maker.
18. No City Waiver. Any waiver of any term or provision of this Note must be in writing. No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City’s failure or delay in declaring a default or exercising any of City’s rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City’s right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City’s failure or delay in declaring any amount due hereunder shall not constitute a waiver of City’s right to declare such sum due for the same or any subsequent event that triggers Maker’s payment obligations hereunder.
19. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby.
20. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of Santa Clara, which is the exclusive venue for any action or dispute arising hereunder.
21. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note.
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22. Joint and Several. The obligations of each signatory to this Note shall be joint and several.
23. Time of the Essence. Time is of the essence with regard to all matters contained in this Note.
SIGNATUTES ON FOLLOWING PAGE.
EXCESS PROCEEDS NOTE 7
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IN WITNESS WHEREOF, Maker has executed and delivered this Note as of the date first written above.
MAKER
By: ______________________________ Print
Name:
By: ______________________________
Print Name: _______________________
EXCESS PROCEEDS NOTE 8
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1 Performance Deed of Trust
Escrow No:
Property Address:
APN:
, Hollister
Space above this line for Recorder’s use.
PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY
AGREEMENT
THIS PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (“Deed of Trust”) is made as of , 20 , by and (collectively, “Trustor”) as Trustor, to
[ Title Company] [the City of Hollister, a municipal corporation] (“Trustee”) as Trustee, for the benefit of the City of Hollister, a municipal corporation (the “City”) as Beneficiary.
The Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City, with power of sale and right of entry and possession, all of Trustor’s right, title and interest now held or hereafter acquired in and to the property located in the City of Hollister, San Benito County, State of California, described in the attached Exhibit A and more commonly known as: Street, Hollister, California (the “Property”);
TOGETHER with the rents, issues, and profits of such Property, subject however, to the right, power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and
TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust;
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Hollister
375 Fifth St
Hollister, CA 95023
Attention: Housing
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
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All of the foregoing, together with the Property, is herein collectively referred to as the “Security.”
TO HAVE AND TO HOLD the Security, together with acquittances, to the Trustee, its successors and assigns forever;
TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Trustor evidenced by (i) that certain Resale Restriction Agreement and Option to Purchase executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith (the “Resale Restriction Agreement”), and (ii) that certain Secured Promissory Note (the “Note”) dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to pay to City Excess Proceeds (as defined in the Resale Restriction Agreement), and all extensions, modifications, or renewals of the Note and the Resale Restriction Agreement. The Note and the Resale Restriction Agreement are incorporated herein by this reference; and
TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by (the “First Mortgage Lender”) to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of Dollars ($ ) (the “First Mortgage Note”), and (2) the Resale Restriction Agreement. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City’s interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term “First Mortgage Lender” shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note.
2. Note and Resale Restriction Agreement. Trustor will promptly pay when due all sums payable pursuant to the Note and shall perform all of Trustor’s covenants and obligations under the Note, the Resale Restriction Agreement, and this Deed of Trust.
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3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust, mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation s ecured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided however, Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the “First Mortgage Deed of Trust”), and Trustor will not be required to pay any tax, charge, lien or assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City.
4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City’s interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor, make such appearance, disburse such sums and take such action as is necessary to protect City’s interest, including, but not limited to, the purchase of insurance, disbursement of reasonable attorneys’ fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law.
Nothing contained in this Section shall require City to incur any expense or take any action hereunder.
5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection.
6. Title Insurance. At Trustor’s expense, Trustor shall purchase a CLTA lender’s policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title.
7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for G.2.f
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increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City.
The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City. Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days’ advance written notice of the cancellation, expiration or termination or any material change in the coverage afforded by any of the insurance policies required under this Section.
If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien.
Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the City shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option. The City shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the G.2.f
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condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City’s option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust
9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure.
10. Occupancy. Trustor shall occupy the Property as Trustor’s primary residence, and the Property shall be used as the primary residence of Trustor and Trustor’s household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Resale Restriction Agreement or consented to by City in writing.
The City shall have the right to monitor whether the Property is owner-occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owner-occupied, accompanied by supporting documentation reasonably satisfactory to the City.
11. Transfer. Trustor shall not Refinance or Transfer (as such terms are defined in the Resale Restriction Agreement) any interest in the Property without complying with all requirements of the Resale Restriction Agreement.
12. Assignment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Resale Restriction Agreement, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property G.2.f
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or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys’ fees, to any indebtedness secured hereby, and in such order as City may determine. City’s right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not C ity, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a “mortgagee in possession,” shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property.
13. Default. An event of default (“Default”) shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period:
(a) Trustor fails to occupy the Property as Trustor’s principal residence;
(b) The sale, conveyance, encumbrance, refinance, assignment, or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Resale Restriction Agreement;
(c) An event of default arises under the Note or the Resale Restriction Agreement, and such default remains uncured following the expiration of any applicable cure period;
(d) Trustor fails to pay when due any sum payable pursuant to the Note, the Resale Restriction Agreement or this Deed of Trust;
(e) The Property is refinanced or encumbered in violation of the Resale Restriction Agreement or this Deed of Trust;
(f) Trustor fails to maintain insurance on the Property as required by the Resale Restriction Agreement and this Deed of Trust,
(g) Subject to Trustor’s right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a li en on the Property, and Trustor fails to cure such default within twenty (20) days of date of G.2.f
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delinquency, but in all events prior to the time that the holder of such lien has the right to pursue foreclosure thereon;
(h) Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property;
(i) The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan.
(j) Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the Note, the Resale Restriction Agreement or this Deed of Trust.
14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
a. Declare all of the sums payable under the Note to be immediately due and payable without further demand.
b. Pursue the exercise of the power of sale provided under this Deed of Trust.
c. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the Note, this Deed of Trust, or the Resale Restriction Agreement, or by law upon occurrence of any uncured breach.
d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof.
e. Exercise its option to purchase the Property pursuant to the Resale Restriction Agreement.
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f. Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby.
g. Exercise any other remedy provided by law or in equity.
15. Acceleration and Sale.
(a) Notice of Default. Upon Trustor’s breach of any covenant or agreement of Trustor under the Note, the Resale Restriction Agreement or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the Note, the Resale Restriction Agreement or this Deed of Trust; and (iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the Loan and the sale of the Property. The notice shall further inform Trustor of Trustor’s right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City’s option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law. City shall be entitled to collect from the Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attorneys’ fees.
If a non-monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible.
Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default or delinquency is given.
(b) Trustor’s Right to Reinstate. Notwithstanding City’s acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to, reasonable attorneys’ fees; (c) Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the G.2.f
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Resale Restriction Agreement and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City’s interest in the Property and Trustor’s obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
(c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby secured, and all other sums then secured hereby, including without limitation, interest as provided in the Note and the Resale Restriction Agreement, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto.
16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part.
17. Indemnity. Trustor agrees to defend, indemnify, and hold the City of Hollister, and its elected and appointed officers, officials, employees, and agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys’ fees that they may incur as a direct or indirect consequence of: (i) Trustor’s failure to perform any obligations as and when required by the Note, the Resale Restriction Agreement, or this Deed of Trust; or (ii) the failure at any time of any of Trustor’s representations or warranties herein or in the Resale Restriction Agreement or the Note to be true and correct.
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18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Resale Restriction Agreement, the City may, at its option, require immediate payment in full of all sums due under the Note.
19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of Excess Proceeds as defined in the Resale Restriction Agreement, and upon the expiration or termination of the Resale Restriction Agreement, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto.
Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of San Benito County. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.
21. City’s Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the making of any map or plot of the Land, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof.
22. Subordination. Absent the prior written consent of City, this Deed of Trust shall not be subordinated to any other deed of trust or encumbrance on the Property.
23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale.
24. Notices. All notices, requests, demands, reports or other communications regarding this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, G.2.f
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reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:
To Trustor: At the Property address.
To City: City of Hollister
375 Fifth St.
Hollister, California 95023
Attention: Housing
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor’s heirs, legatees, devisees, administrators, executors, successors and assigns.
26. Attorneys’ Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein.
27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law.
No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
28. No Third-Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns.
29. Entire Agreement. This Deed of Trust, together with the Resale Restriction Agreement and the Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Resale Restriction Agreement, this Deed of Trust and Note whether written or oral, are superseded by the terms of the Resale Restriction Agreement, the Note and this Deed of Trust.
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30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of San Benito County.
31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby.
32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of San Benito, which is the exclusive venue for any action or dispute arising out of this Deed of Trust.
33. Captions and Gender. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several.
35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust.
SIGNATURES ON FOLLOWING PAGE.
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above.
TRUSTOR:
By:
Print Name:
By:
Print Name:
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4830-3533-5868 v3
ACKNOWLEDGMENT
State of California )
County of San Benito )
On , 20 , before me, ,
(Name of Notary Public)
a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal
Signature of Notary Public
(ABOVE AREA FOR OFFICIAL NOTARIAL SEAL)
14 A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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4830-3533-5868 v3
Exhibit A
PROPERTY DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
[Insert legal description.]
APN:
OAK #4830-3533-5868 v2
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 2, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-209, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN FIRST 5 SAN BENITO AND THE CITY OF HOLLISTER
BRIEF DESCRIPTION: Approval of this resolution would authorize the Mayor to sign an agreement with First 5 San Benito, allowing staff to work on a plan to build a community center in Hollister, California.
RECOMMENDATION: Adopt a resolution authorizing the Mayor to sign an agreement with First 5 San Benito.
DEPARTMENT SUMMARY: The City Council of Hollister approved Resolution No. 2022-182 on October 6, 2022, to support the efforts of First 5 San Benito and The Community Center Coalition of San Benito County, now known as the Community Center Collaboratory of San Benito County, to establish a community center in Hollister, California. The agreement between the City of Hollister and First 5 San Benito aims to provide equal experiences and results for children and families in San Benito County to develop a thriving community.
First 5 San Benito focuses on early childhood development, ensuring that young children receive the support they need to thrive. Collaborating with them allows the community center to offer services tailored to families with young children, including educational programs, childcare, and parent resources. The City of Hollister is responsible for overall community development and infrastructure. The partnership ensures that the community center is integrated into the broader community development plan, which can lead to a more holistic approach to addressing local needs. Partnering with First 5 San Benito and the City of Hollister to build a community center brings together organizational expertise, resources, and community-focused missions.
This collaboration can lead to a more comprehensive and sustainable approach to addressing the needs of families and the broader community, ultimately fostering a healthier, more vibrant, and engaged community.
FINANCIAL IMPACT: N/A
CEQA: Not required
ATTACHMENTS:
1. First 5 MOU_CCCSBC_9.19.23F_Attorney Review 4884-3213-8371 1
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
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David Mirrione, City Manager
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RESOLUTION NO. 2023-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN FIRST 5 SAN BENITO AND THE CITY OF
HOLLISTER
WHEREAS, First 5 San Benito focuses on early childhood development, and The City of Hollister is responsible for overall community development and infrastructure, and
WHEREAS, the City Council of the City of Hollister approved Resolution No. 2022-182 on October 6, 2022, to support the efforts of First 5 San Benito and The Community Center Coalition of San Benito County, now known as the Community Center Collaboratory of San Benito County to establish a Community Center in Hollister, California; and
WHEREAS, partnering with First 5 San Benito and the City of Hollister to build a community center brings together organizational expertise, resources, and community-focused missions.; and
WHEREAS, this collaboration can lead to a more comprehensive and sustainable approach to addressing the needs of families and the broader community, ultimately fostering a healthier, more vibrant, and engaged community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the agreement and authorizes the Mayor to sign the agreement to support the efforts of First 5 San Benito and the City of Hollister to build a community center in Hollister, California and serve as the City of Hollister’s representative for the Community Center Collaboratory of San Benito County.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 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. 2023-209, 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 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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MEMORANDUM OF UNDERSTANDING
Between First 5 San Benito
and
Community Center Collaboratory of San Benito County
Purpose:
This agreement is developed and entered into by and between First 5 San Benito and City of Hollister for the purpose of completing the Plan of Work and specifying the responsibilities and contributions to be provided by each agency in an inter-agency collaborative to establish a community center in Hollister.
Achieving equitable experiences and outcomes for children and families in San Benito County is essential to build a just and thriving community. The first step of the plan to achieve equity is the identification of disparities, which can be revealed with program and community indicator data. A presentation delivered to the Resiliency Network on January 20, 2022, illustrated the disparities in San Benito County between Hispanic/Latino and non-Hispanic/Latino children and families on health, education, safety, and socioeconomic outcomes, early childhood behavior and ment al health, third grade reading proficiency, well child visits, healthcare access, kindergarten oral health/dental care access, child maltreatment, family violence / domestic concerns, youth/adult mental health and substance use, absenteeism, gang involvement, and housing/homelessness.
The San Benito community’s children and families may face additional risks. A consensus of scientific research demonstrates that cumulative adversity, especially when experienced during critical and sensitive periods of development, is a root cause to some of the most harmful, persistent, and expensive health challenges facing the state of California and the nation. Adverse Childhood Experiences (ACEs) include abuse, neglect, and/or household dysfunction that occurs by age 18. The abuse can be physical, emotional, or sexual; and neglect can be physical or emotional. ACEs and toxic stress represent a public health crisis that has been, until recently, largely unrecognized by our health care system and our society.
Goal of Phase I: to establish the Community Center Collaboratory (COLLABORATORY) and build its infrastructure to fulfill its vision of establishing a Community Center in Hollister (CENTER.
Goal of Phase II: to advance the COLLABORATORY’s mission by shifting the conditions that exist and promote equitable access to resources through an intentional planning process that builds resiliency and leads to healthy outcomes for ALL individuals and families in San Benito County.
Goal of Phase III: to engage the community through a social media and capital campaign to increase awareness and support for the CENTER at the local, regional, and state level.
Goal of Phase IV: to serve as advisors for the CENTER Build Plan (details to be determined in consultation of project contractors to be determined by COLLABORATORY).
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COMMUNITY CENTER COLLABORATORY PLAN OF WORK - Lisa Faulkner
Center Collaboratory Members agree to participate in the following Plan of Work:
Goal of Phase I: to establish the Community Center Collaboratory (COLLABORATORY) and build infrastructure to fulfill its vision of establishing a Community Center in Hollister (CENTER).
Phase I: Build Infrastructure of the Community Center Collaboratory (COLLABORATORY)
Each partnering agency enters into an agreement with between First 5 San Benito and signs a Memorandum of Understanding governance (MOU), a non-legal document that outlines the role and contribution of each participating agency and First 5 San Benito.
Each partner agency advocate for the CENTER, including signing onto a Coalition Letter for the purpose of advocacy and fundraising efforts of COLLABORATORY.
Each partnering agency participates in the process to establish an equitable governance structure that maintains the project vision and oversees fiduciary responsibilities for the non-profit foundation.
First 5 San Benito contracts for legal services to file an application for nonprofit status.
Deliverables: Signed MOU, Coalition Letter, Foundation Name, Non-Profit filing, and Designation of Officers
Goal of Phase II: to advance the COLLABORATORY’s mission by shifting the conditions that prevents access to resources and services through an intentional planning process that ensures equity, promotes resiliency, and commits to healthy outcomes for individuals and families in San Benito County.
Phase II: A. Community Mapping
Needs Assessment
Each partner agency prioritizes the needs and/or identifies certain prevalent problems that by addressing, transforms the lives of the target population that have access to the CENTER. Partners share Needs Assessment conducted by their agency.
Deliverable: List of Priorities or Needs Assessment (from prior efforts or newly developed) of each COLLABORATORY Partner
Asset Mapping
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COMMUNITY CENTER COLLABORATORY PLAN OF WORK - Lisa Faulkner
Each partner will participate in a process to identify the community’s strengths that COLLABORATORY ’s mission can build upon, for example:
How well does the community rally around a common cause? Does the community have certain traditions that bring them together? What kinds of networks exist in the community that may serve as volunteers to support the effort? This includes religious groups, sports teams, businesses, non-profit organizations, and clubs.
What types of skills do the members of the community have that may bring expertise to the process of starting the CENTER?
Deliverable: List of Strengths or Asset Mapping for each Partnering Agency
Strategic Priorities
Each partnering agency participates in the review of the community mapping results and create a list of concrete and realistic strategies that are informed and prioritized by program user/client information; experience in delivering services/resources to unrepresented or marginalized populations (such as the local LGBT community, families migrant families, or single mothers); and the amount of space needed to expand services.
Some examples of goals include:
Create a safe space for 100 community members to gather while providing a venue for the improvement of the community.
Provide support and resources to unemployed members of the community through biweekly bilingual classes, workshops, and job fairs. Give legal aid to the local immigrant community.
Deliverable: List of Strategic Priorities and Target Client/User Information
Goal of Phase III: Community Engagement Campaign and Capital Campaign
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COMMUNITY CENTER COLLABORATORY PLAN OF WORK - Lisa Faulkner
Each partnering agency participates in a Community Engagement Marketing and Capital Campaign sponsored by First 5 San Benito and disseminates information and marketing materials through each partnering agency’s platform.
Each partnering agency participates in creating a Community Center Conceptual Drawing reflective of the Community Mapping and Site Plan outcomes.
Each partnering agency provides demographics and user data, space requirements, user estimates and project plans to support the development of a CENTER Site Plan.
Each partner participates in the development of the Request for Qualifications and makes a recommendation for the contracting of the Campaign Consultant.
Deliverables: Signatures of community support on Community Center Coalition Letter and seed money for comprehensive planning necessary to attract legislative funding and/or project build funding
Phase IV: CENTER Build Plan (2024 – 2025)
Each partner participates in the development of the Request for Qualifications and makes recommendations for the selection of the CENTER Build Contractor.*
*The funding for the Contractor will be generated from the COLLABORATORY capital campaign. Additional program strategies and activities will be developed in collaboration between each partnering agency representative and the Contractor.
First 5 San Benito Agrees to provide the following:
Legal fees relating to the Non-Profit filing
Plan of Work scheduling, coordination, surveys, meeting room, supplies/food, facilitation, and communication (written and verbal)
Leadership in advocacy, capital and campaign efforts
Post the RFQ and sponsor the Engagement & Capital Campaign Contractor Coordination and support for Conceptual Drawing
Work in collaboration with the consultant to develop a capital and outreach campaign
Terms of Agreement
This agreement shall become effective upon signature and will remain in effect until June 2025.
This agreement may be modified or canceled at any time by either party upon 14 days written notice to the other party.
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COMMUNITY CENTER COLLABORATORY PLAN OF WORK - Lisa Faulkner
Authorized Signatures of COLLABORATORY MEMBERS
First 5 San Benito Agency Name
_______________________________ ______________________________________
Lisa Faulkner, Executive Director Authorized Representative
_________________________________ _______________________________ Date Date
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: September 29, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Public Works
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-210, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING A TREE PLANTING POLICY
BRIEF DESCRIPTION: This resolution will adopt a tree planting policy to provide an avenue for residents to request a tree be planted in the City right of way.
RECOMMENDATION: Adopt the tree planting policy.
DEPARTMENT SUMMARY: Staff received direction by council to develop a City tree planting policy. As a way to provide an avenue for residents to request planting of street trees in the City right of way, staff has developed the following process.
1. Complete a Public Works Department (PWD) Street Tree application and submit it to PWD for review and approval. Approval will involve determining if there are proper clearances from existing utilities (e.g. water lines, sewer lines, etc.).
2. The location will require an irrigation source installed and maintained by the resident before the tree will be planted.
3. Choose a tree from the attached Approved Street Trees List (subject to approval by Public Works Director).
4. The City will place the location on a list. Once there are a sufficient number of approved locations to make planting the trees efficient (about 5 and/or at the discretion of the Director), the trees will be planted by City staff or the City contracted arborist.
5. Once a location is approved, and placed on the list, it will remain on the list until planted.
6. Trees planted in violation of regulations are subject to removal by the City without compensation to the current or future resident.
The site requirements are based on current City of Hollister Standards & Specifications.
The tree may not be planted closer than:
• 20’ from a utility pole or streetlight
• 10’ from a fire hydrant
• 10’ from driveway approach
• 40’ from any other ROW tree. (Permission might be granted if there is not exactly 40’, depending on the distance between it and any private trees G.4
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nearby.)
• 50’ from the beginning of the curb return (BCR) on the approach to an intersection • 15’ from the end of the curb return (ECR) on the exit side • 5’ from a buried utility service lateral
• 5’ from house walks
• 3’ behind the back of the sidewalk when the sidewalk is adjacent to the curb and public right of way exists
• 2.5’ from either the curb or sidewalk edge where a park strip exists (in other words, a minimum ROW area of 5’ between curb and sidewalk is required) • A new tree shall not be planted on top of an existing tree stump.
As stated in the Policy, any tree planted without proper permission or in violation of regulations and requirements may be removed by the City without compensation to the program participant.
Site inspection will be performed by Public Works Staff and tree planting will be performed by West Coast Arborists as part of the current contract.
FINANCIAL IMPACT: Funds are currently available through the arborist contract. The cost of the Policy will vary depending on how many approved permits are issued and how many trees are actually planted. The amount of the contract set aside for tree planting per year will be determined during budget approval. An initial estimate for the current budget year is $5,000, which will plant about 20 trees city-wide.
CEQA: Categorically Exempt per Title 14 CCR Chapter 3 Article 19 § 15304 (b) (Minor Alterations to Land-New Gardening or landscaping)
ATTACHMENTS:
1. 2021-05-17 West Coast Arborists, Inc.
2. CITY OF HOLLISTER TREE PLANTING POLICY
3. Street-Tree-List
4. TREE-PERMIT
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING A TREE
PLANTING POLICY
WHEREAS, trees fight climate change by absorbing carbon dioxide and releasing oxygen back into the air; and
WHEREAS, trees clean the air by absorbing odors and pollutants like nitrogen oxides, ammonia, sulfur dioxide, and ozone; and
WHEREAS, trees prevent soil erosion and rainwater runoff; and
WHEREAS, trees conserve energy by providing shade in warm summer months; and
WHEREAS, studies have shown that trees increase a home’s value; and
WHEREAS, trees provide nesting sites, food, and shelter for birds and other animals; and
WHEREAS, views of trees in urban areas have been proven to reduce stress, anxiety, and even the crime rate; and
WHEREAS, all of the above listed items are good for the City and its residents; and
WHEREAS, having residents involved in the selection and nurturing of trees builds a sense of community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve and adopt the City of Hollister Tree Planting Policy and authorizes the Public Works Director to administer the Policy.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 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. 2023-210, 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 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
With
West Coast Arborists,Inc.
THIS AGREEMENT made and entered into this 17th day of May, 2021, by and between the City of Hollister,California,a municipal corporation, ("City,")and West Coast Arborists, Inc., ("Contractor").
1. Description of Project: City desires to retain a contractor to provide City-wide tree trimming and related services as set forth in Exhibit "A", ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services=Basic;Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services = Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project,for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT"A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES-ADDITIONAL;COMPLETION SCHEDULE."
4. Changes to Scope of Work = Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION AND TERM OF CONTRACT." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.