kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712
PROJECT UNDERSTANDING
The City of Hollister desires to provide fiber optic and wireless connectivity to all (25) major City and County Park Areas for Public WiFi Access to allow access to all residents including underserved areas and lower income areas for internet access to provide a minimum up/down link speeds of 100MB.
These connected areas would allow residents of Hollister and surrounding San Benito County areas to internet access provided by internet service providers partnering with the City to provide, manage, and maintain service. This would allow residents that live in the areas covered to access for web browsing, educational and recreational needs. Wifi would be provided at parks and community centers and other city facilities that would allow for extended coverage for residents that currently do not have access to broadband or do not have the speeds necessary to function properly.
The project consists of design and engineering layout and best routes for fiber optic cabling to reach desired areas of the city and incorporated areas, including termination and testing of fiber optic cabling from each site back to core network site. The project site locations include about 25 Parks and facilities and the design will consider possible routes and installation paths throughout the City/County areas.
SCOPE OF SERVICES
Task 1: Project Management and Meetings
Immediately following receipt of notice-to-proceed, Kimley-Horn will schedule a project kick-off meeting with the City to review project objectives, project schedule, coordination with other groups, City and Consultant roles, and other pertinent items. This task includes monthly progress meetings. Kimley-Horn will prepare meeting agenda and meeting notes capturing action items and key decisions. Meetings are assumed to be held virtually.
Kimley-Horn shall prepare a project schedule with major milestones to the City for approval. The project schedule shall include each task, subtasks, milestones, submittals, and meetings. Kimley- Horn anticipates using MS-Project and will present the initial schedule to the City for review and approval. The project schedule will be update monthly.
Other elements of this task include general project management and coordination, including management of project staff, quality control, schedule, and project accounting. Monthly project invoices will be prepared and submitted.
This task assumes that the project design duration of up to 13 months.
This task includes presentation on project progress at up to 1 public meeting (City Council or community meetings). Kimley-Horn will confirm purpose of public meetings and required exhibits with City project manager. Kimley-Horn will provide written updates for inclusion with city Staff reports.
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 Task 1 Deliverables
All deliverables will be submitted to the City electronically. §Initial project schedule and monthly schedule updates
§Monthly progress reports and invoices
§Meeting agenda/notes
Task 2: Existing Conditions/Priority Setting
Kimley-Horn understands that the City has existing conduit and infrastructure that will be able to be used to provide fiber optic connections to the City parks. In this task, Kimley-Horn will evaluate the existing, city-provided, GIS map information to determine where there is existing infrastructure that can be used to connect to the parks.
It is understood that depending on how much existing infrastructure is available for reuse, the City may not be able to connect to all of the twenty-five (25) parks. Upon completing this evaluation, Kimley-Horn will determine a priority list of which parks the City will want to connect to as part of this project.
Kimley-Horn will prepare a draft memorandum summarizing the existing infrastructure and priority list of the park connections.
Upon receipt of one, non-conflicting set of comments on the draft memorandum, Kimley-Horn will prepare a final memorandum. This memorandum will be the basis of the parks that will be prioritized for connection as part of this project. Any changes to the prioritization after the final memorandum is submitted shall be considered an additional service to be completed for an additional fee upon written consent from the City.
Task 2 Deliverables
All deliverables will be submitted to the City electronically. §Draft priority locations memo
§Final priority locations memo
Task 3: Data Collection/Field Investigation
To aid in the evaluation and design tasks of this project, Kimley-Horn will request the following materials from the City/Stakeholders:
§Existing as-builts
§City Fiber Network
§Utility information of City-owned facilities
§Network information of City buildings.
§Up-to-date contact list (phone number, email, and address, as available) of utility companies §Right-of-way maps
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 Kimley-Horn will submit utility request letters to utility companies with potential facilities in the project vicinity. These utilities will typically consist of PG&E, television, cable, and municipal utilities such as water, storm drain, and sanitary sewer. It is assumed that the City will provide a list of contact information for utility company representatives within the project area.
After the review of City-provided documentation, Kimley-Horn will conduct a field review of the fiber routes for the priority parks identified in Task 2 to check the existing infrastructure information provided by the City and record observed deficiencies. During the field review, Kimley-Horn will evaluate, core network equipment, building termination points, connecting conduit and pull box infrastructure. Kimley-Horn will request a field walkthrough of project buildings with City IT to review building fiber access points, building cabling/routing, and placement for major communications equipment.
Task 3 Deliverables
All deliverables will be submitted to the City electronically. §Utility Request letters
§Summary Memo of fieldwork findings
Task 4: Fiber Network Design
Kimley-Horn will prepare construction documents for installation of high-speed fiber-optic network.
The fiber network will include redundant rings that connect to the City’s fiber-optic network and key City and community facilities, including City parks and buildings. The fiber network shall provide free public Wi-Fi using City facilities and assets, including building and streetlights. The design will include system integration to the City’s network.
Prepare Project Base Map
Upon completion of the field review, Kimley-Horn will create a base map in AutoCAD of the project limits and project buildings. Kimley-Horn will prepare the base map using high-resolution, orthogonally rectified aerials retrieved from Nearmap PhotoMaps TM. The base mapping will be reviewed and supplemented based on field observations.
35% Design Documents
Kimley-Horn will prepare 35% level construction documents that identify key network communication hubs, Wi-Fi access points, and fiber-optic cable runs. Fiber interconnect conduits sheets will be prepared at 1”=40’. Potential network system integration items will be identified. 65% Plans, Specifications, and Estimate (PS&E) documents Upon receipt of one, non-conflicting set of comments on the 35% design documents, Kimley-Horn will review and provide preliminary comment response. Kimley-Horn will meet virtually with City to discuss responses. Based on outcome, Kimley-Horn will prepare 65% Plans, Specifications, and Estimate (PS&E) documents showing installation of fiber-optic cable network in existing and new A.12.a
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 conduits, fiber termination equipment, communications equipment, and details for connection to the existing City fiber network. The plans will include enough detail to provide reviewers a full understanding of project intent, including electrical details, communications network layout, new equipment locations, splice boxes and pull boxes, conduit/cable routing, cabinet modifications, and end equipment integration.
We anticipate the plan set will consist of the following sheets:
§Cover Sheet (1 sheet)
§General Notes (1 sheets)
§Key Maps (2 sheets)
§System Diagram (up to 4 sheets)
§Fiber Optic Interconnect Plans (up to 40 sheets)
Project Technical specifications will be a full draft with initial boilerplate language and anticipated project elements and requirements. They will be based on the City’s specifications from the recent Smart Corridor Project currently under construction.
The engineer’s opinion of probable cost will be developed based on other similar project construction costs and bid results from the area. It will consist of a complete bid list and quantities at the current design stage and include a contingency and possible alternate bid items that may need to be considered based on the project’s construction budget.
Based on the 65% design, Kimley-Horn will identify system integration items requiring further coordination for successful network performance
90% PS&E Documents
Upon receipt of one, non-conflicting set of comments on the 65% design documents, Kimley-Horn will review and provide preliminary comment response. Kimley-Horn will meet virtually with City to discuss responses. Based on outcome, Kimley-Horn will prepare 95% Plans, Specifications, and Estimate (PS&E) documents. Kimley-Horn anticipates the following sheets being added to the set:
§Construction Details (up to 4 sheets)
§Fiber Hub and termination Details (up to 2 sheets) – showing building entry and termination details
§Splice Diagrams (up to 7 sheets) – documenting proposed fiber communication channels and rings.
Project Specifications and Cost Estimate will be updated to include additional design elements.
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 As part of the 90% design effort, Kimley-Horn will coordinate with City IT to resolve system integration issues identified in the 65% design (including potential bandwidth increase of City’s internet connection and core network equipment upgrades) Also as part of the 90% design effort, Kimley-Horn will coordinate with PG&E to submit service applications for new or modified services.
100% Final Bid Ready PS&E Documents
Upon receipt of one, non-conflicting set of comments on the 95% design documents, Kimley-Horn will review and provide preliminary comment response. Kimley-Horn will meet virtually with City to discuss responses. Based on outcome, Kimley-Horn will prepare a final bid-ready set for advertisement. It is assumed that comments at this stage will be editorial in nature and any design changes at this point will be treated as additional services.
Task 4 Deliverables
All deliverables will be submitted to the City electronically. §Project Base Map
§35% PS&E documents
§65% PS&E documents with comment response mark-ups
§95% PS&E documents with comment response mark-ups
§100% Final – Bid Ready PS&E documents with comment response mark-ups Task 5: Grant Analysis
Kimley-Horn will identify and summarize potential funding sources for planning, engineering, and construction of broadband projects in the City of Hollister from federal, state, and local sources. Kimley-Horn will provide a description of the program and what elements it can fund.
These include the following:
§Last Mile Federal Funding Account
§Broadband Equity, Access and Deployment (BEAD)
§Digital Equity Act (DEA)
§Affordable Connectivity Program
§Broadband Infrastructure Program
§Federal Capital Projects Fund
Kimley-Horn will address one set of comments from the City to prepare Final List. Grant Application Support may be provided as an optional service.
Task 5 Deliverables
All deliverables will be submitted to the City electronically. §Draft Funding Source List
§Final Funding Source List
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 Task 6: Optional Tasks
Kimley-Horn will provide additional as-needed services to support overall development and implementation of this project. Task scope and fee will be determined as they are identified, but may include:
§Structural analysis
§Operations and maintenance plan
§Grant Application Support
Task 6 Deliverables:
§To be determined
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712
RESUMES
Shawn Rainey, P.E.
Project Manager
Shawn has extensive engineering and project
management experience in a variety of ITS,
network design, systems integration, traffic
engineering and design, and electrical design. and technology projects over the course of his 10-year career. He is a hands-on project manager that has prepared PS&E documents and assisted in the implementation of communication networks interconnecting central, field equipment, and building hubs utilizing wireless, copper, and optical fiber media. These projects have included field surveys, utility, and building coordination; new conduit systems into building telecommunication rooms and data centers; build out of field and building hubs; technology evaluation; and fiber-optic testing and termination.
RELEVANT EXPERIENCE
·C/CAG Northern Cities Smart Corridor Expansion Project, San Mateo County, CA – Project Manager
·Agnew and De La Cruz Traffic Signal Interconnect and Signal Timing Project, Santa Clara, CA – Project Manager
·ITS Phase 2 Traffic Signal Interconnect Project, Santa Clara, CA – Project Manager ·South San Francisco Smart Corridor Project, South San Francisco, CA – Project Engineer ·Broadband Infrastructure Master Plan, Berkeley, CA – Project Engineer ·Homestead and Lick Mill Traffic Signal Interconnect and Signal Timing Project, Santa Clara, CA – Project Engineer
·Bowers Avenue Traffic Signal Interconnect and Signal Timing Project, Santa Clara, CA – Project Engineer
·MacArthur Smart City Corridor, Oakland, CA – Project Engineer ·High-Speed Fiber-Optic Network, Hayward, CA – Project Engineer ·Walnut Creek Fiber Design, Walnut Creek, CA – Project Engineer ·Ben Maddux and Tulare Interconnect Project, Visalia, CA – Project Engineer ·Concord Fiber Design, Concord, CA – Lead Design Engineer ·Downtown and NW Fiber Installation and Replacement Project, Visalia, CA – Lead Design Engineer
·Capitol Expressway ITS and Sidewalk Project, Santa Clara County, CA – Lead Designer Engineer
·City Facilities Fiber Design, Visalia, CA – Designer
EDUCATION
·Bachelor of Science,
Civil Engineering,
California Polytechnic
University, San Luis
Obispo
·Professional Civil
Engineer in California
#C85704
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 Elbert Chang, P.E., T.E.
Technical Advisor
Elbert is a professional engineer with more than
21 years of hands-on technical and management
experience in many areas of ITS, network design,
and technology projects. His main focus is in the areas of design and implementation of communication networks connecting field and central equipment. His wide range of skills focuses on the utilization of network engineering for the planning, design, deployment, and integration of communications networks. Elbert has prepared PS&E and system integration documents and has led system and acceptance testing for fiber, copper, and wireless networks for a variety of municipal, public, and private clients.
RELEVANT EXPERIENCE
·OakWiFi Public WiFi Initiative, Oakland, CA – Project Manager ·Fiber-Optic Network Master Plan and Update, Oakland, CA – Project Manager
·Oakland ITS Strategic Plan Update, Oakland, CA – Project Manager
·Oakland Airport ITS Corridor Project, Oakland, CA – Project Manager ·Freight ITS Project Design and Construction Support, Port of Oakland/City of Oakland, CA – Project Manager
·AC Transit East Bay Bus Rapid Transit Network Integration Design, Oakland/San Leandro – Project Engineer
·Broadband Infrastructure Master Plan, Berkeley, CA – Project Manager ·Cupertino City Building Fiber-Optic Network Expansion, Cupertino, CA – Project Manager ·LinkModesto Fiber Infrastructure Master Plan, Modesto, CA – Project Manager ·Port of Oakland Seaport Logistics Complex Maritime Security System Expansion, Oakland, CA – Project Manager
·Security Fiber-Optic Network Expansion and Redundancy, Port of Oakland, CA – Project Manager
·Joint Domain Awareness Center Installation, City of Oakland/Port of Oakland, CA – Project Manager
·High-Speed Fiber-Optic Network, Hayward, CA – Project Manager ·Traffic Signal System Master Plan, Cupertino, CA – Project Manager ·I-80 Integrated Corridor Mobility (ICM) Project, Alameda and Contra Costa County, CA – Lead Design Engineer
·Fiber-Optic Network Designs, Santa Clara, CA – Lead Design Engineer ·Transportation Management Center System Integration, Oakland, CA – Project Engineer
EDUCATION
·Master of Science,
Transportation
Engineering, University
of California, Berkeley
·Master of City Planning,
Transportation Planning,
University of California,
Berkeley
·Bachelor of Science,
Civil Engineering,
University of California,
Berkeley
·Professional Civil
Engineer in California
#C61548
·Professional Traffic
Engineer in California
#TR2244
·Institute of
Transportation
Engineers (ITE),
Member
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712
SCHEDULE
No. Task Deadline
1 Project Management and Meetings
Kick-off Meeting (assuming NTP 1/1/24)1/12/24
City Council presentation TBD
Progress Meetings 1/24 – 12/24
2 Existing Conditions/Priority Setting
Existing Infrastructure Evaluation 2/16/24
Draft Priority Locations Memo 3/1/24
Receive City comments (3-week review period)3/22/24
Final Priority Location Memo 4/12/24
3 Data Collection/ Field Investigation
Receive Record Drawings 4/26/24
Complete Field Investigation 5/24/24
Summary Memo of Findings 6/7/24
4 Fiber Network Design
Prepare Project Base 7/5/24
Submit 35% Design 8/2/24
Receive City comments (3-week review period)8/23/24
Submit 65% PS&E Design 9/27/24
Receive City comments (4-week review period)10/18/24
Submit 90% PS&E Design 11/22/24
Receive City comments (4-week review period)12/20/24
100% FINAL – Bid Ready documents 1/17/25
5 Grant Analysis
Draft Funding Source List 4/12/24
City Comments 4/26/24
Final Funding Source List 5/10/24
6 Optional Tasks
Structural Analysis TBD
Operations and Maintenance Plan TBD
Grant Application Support TBD
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kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712
PROFESSIONAL FEE
Kimley-Horn proposes to provide base professional services outlined in this scope of services on a time-and-materials basis with a contract ceiling of $348,528. This fee includes labor cost (including indirect expenses) and direct expenses (travel, meals, full-size plan reproduction, overnight mailing) incurred in performing these services.
No. Task Budget
1 Project Management and Meetings $20,366
2 Existing Conditions/Priority Setting $20,642
3 Data Collection/ Field Investigation $52,604
4 Fiber Network Design $239,654
5 Grant Analysis $15,262
6 Optional Tasks -
TOTAL $348,528
An estimate of hours and cost for each task is attached to this proposal. The information is provided as an estimate only, and Kimley-Horn reserves the right to adjust budgets within authorized tasks while maintaining the total fee. Optional services will only be performed with written authorization from the City at current on-call rates.
Assumptions
This scope of services is based on the following assumptions:
§Environmental Services are not included in this scope. Based on current understanding and review of readily available data, the projects would satisfy definition for a CE for CEQA and a CE for NEPA. There do not appear to be exceptions to the exemptions or unusual circumstances that would require additional level of CEQA or NEPA review.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 10, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-216, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE HOLLISTER POLICE DEPARTMENT TO ACCEPT A $40,000 ABC-OTS GRANT FROM THE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL, SPONSORED BY OFFICER TRAFFIC SAFETY, THROUGH THE
NATIONAL HIGHWAY TRAFFIC SAFETY
BRIEF DESCRIPTION: The Department of Alcoholic Beverage Control (ABC), sponsored by the Office of Traffic Safety (OTS), through the National Highway Traffic Safety (NHTSA), is awarding grants up to $40,000 to local law enforcement agencies to utilize the Minor Decoy Program, Shoulder Tap Program, IMPACT (Informed Merchant Preventing Alcohol-Related Crime Tendencies) Program, and Holiday Enforcement.
The goal of the grant is to reduce the availability of alcohol to minors and reduce alcohol related crimes through multiple enforcement, educational, and prevention programs conducted by law enforcement officers. The mission of the Department of Alcoholic Beverage Control is to administer the provision of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State.
RECOMMENDATION: Adopt a resolution authorizing the City Council of the City of Hollister to accept a $40,000 grant from the Department of Alcoholic Beverage Control, sponsored by the Office of Traffic Safety, through the National Highway Traffic Safety.
DEPARTMENT SUMMARY: The grant will provide funding to allow for seven (7) Minor Decoy operations, six (6) Shoulder Tap operations, five (5) Holiday Enforcement, and six (6) IMPACT inspections to take place between October 1, 2023, through August 31, 2024.
The Hollister Police Department is confident that by implementing the above stated programs it will have a positive impact in reducing underage related crimes, collisions, and the associated fatalities and injuries suffered by the residents and visitors of the community.
As proposed in the grant request, the Hollister Police Department intends to announce the initiation of the program through a press release as well as through the Police Department’s social media site. In addition, the Police Department proposed that it would announce the conclusion of each Minor Decoy and Shoulder Tap operation on the Police Department’s social media sites and circulate information about the conclusion of the programs to the public. The grant period begins October 1, 2023 and concludes on August 31, 2024.
FINANCIAL IMPACT: There will be no net impact to the General Fund. The total project cost is $40,000, which will be covered by the grant.
ATTACHMENTS:
1. ABC-OTS_20231010183134
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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE HOLLISTER POLICE DEPARTMENT TO ACCEPT A $40,000 ABC-OTS GRANT FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, SPONSORED BY OFFICER
TRAFFIC SAFETY, THROUGH THE NATIONAL HIGHWAY TRAFFIC SAFETY
WHEREAS, the California Department of Alcoholic Beverage Control (ABC), in conjunction with the California Office of Traffic Safety (OTS), has awarded the Hollister Police Department a grant in the amount of $40,000 through its ABC-OTS Grant Program; and
WHEREAS, the ABC-OTS Grant funds will be used for conducting police operations for the enforcement of alcoholic beverage laws related to the sale and procurement of alcoholic beverages by minors and providing education opportunities for ABC licensees; and
WHEREAS, using the ABC-OTS Grand Funds, the Hollister Police Department will conduct six Shoulder Tap Operations, seven Minor Decoy Operations, six IMPACT Inspections, and five Holiday Enforcement during the grant period.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize the Hollister Police Department to accept a $40,00 ABC-OTS Grant from the Department of Alcoholic Beverage Control, sponsored by Officer Traffic Safety, through the National Highway Traffic Safety.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-216, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 2, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-217, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ACCEPTING FINAL REIMBURSEMENT FROM UNIFIED NARCOTICS ENFORCEMENT TEAM (UNET) OF $68,880.08 FOR PURCHASE OF
BALLISTIC SHIELDS AND EQUIPMENT FOR THE POLICE DEPARTMENT
BRIEF DESCRIPTION: This item will accept funds in the amount of $68,880.08 from UNET and authorize the finance department to appropriate the funds to the current FY 23-24 Police Department Machinery and Equipment account for the purchase of ballistic shields and other associated police safety equipment.
STAFF RECOMMENDATION: Adopt a resolution authorizing the appropriation of $68,880.08 into the FY 23-24 Police Department Machinery and Equipment account.
DEPARTMENT SUMMARY: Earlier this calendar year, the United Narcotics Enforcement Team (UNET) board voted to dissolve the longstanding all crimes task force. The board, consisting of the current members, Hollister Police Department, San Benito County Sheriff’s Office, San Benito County Probation Department, San Benito County District Attorney’s Office and the California Highway Patrol, voted to distribute the asset forfeiture funds that were accepted by the council earlier this year.
In addition to the asset forfeiture funds, UNET had accumulated funds over the years for expenses by the task force to include undercover purchases or for informant expenses. The funds were provided by the participating members of the Board as a yearly fee.
The board voted to distribute these funds between the Sheriff’s Office and the Police Department. These additional funds do not have any legal restrictions on how the money can be spent. However, the UNET Board asked the funds to be used for the purchase of equipment that can provide the longest lasting benefit to the police department.
Currently, one of the biggest needs the department has is the need for Ballistic Shields for our officers. These ballistic shields can be used during active shooter or barricaded suspect incidents to protect the officers from gunfire or rifle fire. The shields would be stored in a supervisor vehicle and be readily available for patrol staff. Additionally, staff would like a shield for our detective bureau for their use when contacting suspects or executing a search warrant.
The ballistic Shields are approximately 3 feet tall and about 2 feet wide. They can weigh between 20lbs to 30 lbs and they can stop rifle rounds. These shields can cost between $6,000 to $9,000 each. Staff would have a need for up to 7 shields and accessories in order to have one for each supervisor vehicle and for the detective bureau.
Staff has written grants for this equipment. However, it has become increasingly difficult to obtain the funds from the Homeland Security Grant.
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Staff recommends the city accept the check from UNET in the amount of $68,880.08 and appropriate the funds into the current fiscal year Machinery and Equipment account.
FINANCIAL IMPACT: There is no net impact onto the adopted FY2023-24 budget.
CEQA: N/A
ATTACHMENTS:
1. Budget Transfer-Appropriation Form
2. US Department of Justice Ballistic Information sheet
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING FINAL
REIMBURSEMENT FROM UNIFIED NARCOTICS ENFORCEMENT TEAM (UNET) OF $68,880.08 FOR PURCHASE OF BALLISTIC SHIELDS AND EQUIPMENT FOR THE POLICE
DEPARTMENT
WHEREAS, the United Narcotics Enforcement Team (UNET) Board has voted to disband the task force and distribute the remaining funds to the participating law enforcement agencies; and
WHEREAS, the funds do not have any restrictions on how they can be spent; and
WHEREAS, the UNET Board suggested the money be spent in a manner that would benefit the department in the most beneficial manner; and
WHEREAS, staff has asked the funds to be used to purchase ballistic shields and equipment for patrol staff and the detective bureau for the protection of our officers; and
WHEREAS, the shields which can provide protection from rifle rounds can cost from $6,000 to approximately $9,000 each; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the acceptance of the final reimbursement from UNET of $68,880.08 for the supplemental appropriation of the funds into this current fiscal year for the purchase of ballistic shields and equipment for the police department.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-217, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT
1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.
2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.
3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.
4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.
(ROUND UP TO WHOLE DOLLAR)
Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Machinery and Equipment 101 2500 750070 68,880
Total 68,880 -
Explanation of Transaction:
Acceptance of a check from UNET in the amount of $68,880.08 to be supplementary appropriated to the current fiscal year Machinery and Equipment Account for the purchase of ballistic shields and accessories.
Prepared by Date
Department Head
FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.
City Manager
Date Resolution No.
City Clerk
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U.S. Department of Justice
National Institute of Justice
National Institute Technology Assessment
of Justice Program
Ballistic Resistant
Protective Materials
NIJ Standard 0108.01
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ABOUT THE TECHNOLOGY ASSESSMENT PROGRAM
The Technology Assessment Program is sponsored by the Office of Development, Testing, and Dissemination of the National Institute of Justice (NIJ), U.S. Department of Justice. The program responds to the mandate of the Justice System Improvement Act of 1979, which created NIJ and directed it to encourage research and development to improve the criminal justice system and to disseminate the results to Federal, State, and local agencies.
The Technology Assessment Program is an applied research effort that determines the technological needs of justice system agencies, sets minimum performance standards for specific devices, tests commercially available equipment against those standards, and disseminates the standards and the test results to criminal justice agencies nationwide and internationally.
The program operates through:
The Technology Assessment Program Advisory Council (TAPAC) consisting of nationally recognized criminal justice practitioners from Federal, State, and local agencies, which assesses technological needs and sets priorities for research programs and items to be evaluated and tested.
The Law Enforcement Standards Laboratory (LESL) at the National Bureau of Standards, which develops voluntary national performance standards for compliance testing to ensure that individual items of equipment are suitable for use by criminal justice agencies. The standards are based upon laboratory testing and evaluation of representative samples of each item of equipment to determine the key attributes, develop test methods, and establish minimum performance requirements for each essential attribute. In addition to the highly technical standards, LESL also produces user guides that explain in nontechnical terms the capabilities of available equipment.
The Technology Assessment Program Information Center (TAPIC) operated by a grantee, which supervises a national compliance testing program conducted by independent agencies. The standards developed by LESL serve as performance benchmarks against which commercial equipment is measured.
The facilities, personnel, and testing capabilities of the independent laboratories are evaluated by LESL prior to testing each item of equipment, and LESL helps the Information Center staff review and analyze data. Test results are published in Consumer Product Reports designed to help justice system procurement officials make informed purchasing decisions.
Publications issued by the National Institute of Justice, including those of the Technology Assessment Program, are available from the National Criminal Justice Reference Service (NCJRS), which serves as a central information and reference source for the Nation’s criminal justice community. For further information, or to register with NCJRS, write to the National Institute of Justice, National Criminal Justice Reference Service, Washington, DC 20531.
James K. Stewart, Director
National Institute of Justice
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U.S. Department of Justice
National Institute of Justice
Technology Assessment Program
Ballistic Resistant
Protective Materials
NIJ Standard 0108.01
September 1985
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U.S. DEPARTMENT OF JUSTICE
National Institute Of Justice
James K. Stewart, Director
ACKNOWLEDGMENTS
This standard was formulated by the Law Enforcement Standards Laboratory (LESL) of the National Bureau of Standards under the direction of Daniel E. Frank, Manager, Protective Equipment Program and Lawrence K.
Eliason, Chief of LESL. The technical research was performed by Nicholas J. Calvano of the Automated Production Technology Division. The standard has been reviewed and approved by the Technology Assessment Program Advisory Council and adopted by the International Association of Chiefs of Police (IACP) as an IACP standard.
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FOREWORD
This document, NIJ standard-0108.01, Ballistic Resistant Protective Materials, is an equipment Standard developed by the Law Enforcement Standards Laboratory of the National Bureau of Standards. It is produced as part of the Technology Assessment Program of the National Institute of Justice (NIJ). A brief description of the program appears on the inside front cover.
This standard is a technical document that specifies performance and other requirements equipment should meet to satisfy the needs of criminal justice agencies for high-quality service. Purchasers can use the test methods described in this standard to determine whether a particular piece of equipment meets the essential requirements, or they may have the tests conducted on their behalf by a qualified testing laboratory. Procurement officials may also refer to this standard in their purchasing documents and require that equipment offered for purchase meet the requirements. Compliance with the requirements of the standard may be attested to by an independent laboratory or guaranteed by the vendor.
Because this NIJ standard is designed as a procurement aid, it is necessarily highly technical. For those who seek general guidance concerning the selection and application of law enforcement equipment, user guides have also been published. The guides explain in nontechnical language how to select equipment capable of performance required by an agency.
NIJ standards are subjected to continuing review. Technical comments and recommended revisions are welcome. Please send suggestions to the Program Manager for Standards, National Institute of Justice, U.S. Department of Justice, Washington DC 20531.
Before citing this or any other NIJ standard in a contract document, users should verify that the most recent edition of the standard is used. Write to: Chief, Law Enforcement Standards Laboratory, National Bureau of Standards, Gaithersburg, MD 20899.
Lester D. Shubin
Program Manager for Standards
National Institute of Justice
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NIJ STANDARD
FOR
BALLISTIC RESISTANT
PROTECTIVE MATERIALS
CONTENTS
Page
Foreword iii
1. Purpose 1
2. Scope and Classification 1
3. Definitions 2
4. Requirements 4
4.1 Acceptance Criteria 4
4.2 Workmanship 4
4.3 Labeling 4
4.4 Ballistic Resistance 4
5. Test Methods 6
5.1 Sampling 6
5.2 Test Equipment 6
5.3 Ballistic Resistance Test 7
Appendix A—References 9
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COMMONLY USED SYMBOLS AND ABBREVIATIONS
A ampere H henry nm nanometer
ac alternating current h hour No. number
AM amplitude modulation hf high frequency o.d. outside diameter cd candela Hz hertz (c/s) W ohm
cm centimeter i.d. inside diameter p. page
CP chemically pure in inch Pa pascal
c/s cycle per second ir infrared pe probable error
d day J joule pp. pages
dB decibel L lambert ppm part per million
dc direct current L liter qt quart
�C degree Celsius lb pound rad radian
�F degree Fahrenheit lbf pound-force rf radio frequency diam diameter lbf•in pound-force inch rh relative humidity emf electromotive force lm lumen s second
eq equation ln logarithm (natural) SD standard deviation F farad log logarithm (common) sec. section
fc footcandle M molar SWR standing wave radio
fig. figure m meter uhf ultrahigh frequency
FM frequency modulation min minute uv ultraviolet
ft foot mm millimeter V volt
ft/s foot per second mph mile per hour vhf very high frequency g acceleration m/s meter per second W watt
g gram N newton l wavelength
gr grain N•m newton meter wt weight
area = unit2 (e.g., ft2, in2, etc.); volume = unit3 (e.g., ft3, m3, etc.)
PREFIXES
d deci (10-1) da deka (10)
c centi (10-2) h hecto (102)
m milli (10-3) k kilo (103)
m micro (10-6) M mega (106)
n nano (10-9) G giga (109)
p pico (10-12) T tera (1012)
COMMON CONVERSIONS
(See ASTM E380)
ft/s x 0.03048000 = m/s lb x 0.4535924 = kg
ft x 0.3048 = m lbf x 4.448222 = N
ft•lbf x 1.355818 =J lbf/ft x 14.59390 = N/m
gr x 0.06479891 = g lbf•in x 0.1129848 = N•m
in x 2.54 = cm lbf/in2 x 6894.757 = Pa
kWh x 3,6000,000 = J mph x 1.609344 = km/h
qt x 0.9463529 = L
Temperature: (T �F-32) x 5/9 = T �C
Temperature: (T �C x 9/5)+32 = T �F
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NIJ STANDARD
FOR
BALLISTIC RESISTANT
PROTECTIVE MATERIALS
1. PURPOSE
The purpose of this standard is to establish minimum performance requirements and methods of test for ballistic resistant protective materials. This standard supersedes NIJ Standard-0108.00, Ballistic Resistant Protective Materials, dated December 1981. This revision adds threat level III-A and establishes threat level classifications that are consistent with other NIJ standards for ballistic protection.
2. SCOPE AND CLASSIFICATION
2.1 Scope
This standard is applicable to all ballistic resistant materials (armor) intended to provide protection against gunfire, with the exception of police body armor and ballistic helmets, which are the topic of individual NIJ performance standards [1,2]1. Many different types of armor are now available that range in ballistic resistance from those designed to protect against small-caliber handguns to those designed to protect against high-powered rifles. Ballistic resistant materials are used to fabricate portable ballistic shields, such as a ballistic clipboard for use by a police officer; to provide ballistic protection for fixed structures such as critical control rooms or guard stations; and to provide ballistic protection for the occupants of vehicles. The ballistic resistant materials used to fabricate armor include metals, ceramics, transparent glazing, fabric, and fabric-reinforced plastics; they are used separately or in combination, depending upon the intended threat protection.
The ballistic threat posed by a bullet depends, among other things, on its composition, shape, caliber, mass, and impact velocity. Because of the wide variety of cartridges available in a given caliber, and because of the existence of hand loads, armors that will defeat a standard test round may not defeat other loadings in the same caliber. For example, an armor that prevents penetration by a 357 Magnum test round may or may not defeat a 357 Magnum round with a higher velocity.
Similarly, for identical striking velocities, nondeforming or armor-piercing rounds pose a significantly greater penetration threat than an equivalent lead core round of the same caliber. The test ammunitions specified in this standard represent common threats to the law enforcement community.
2.2 Classification
Ballistic resistant protective materials covered by this standard are classified into five types, by level of performance.
2.2.1 Type 1 (22 LR; 38 Special)
Numbers in brackets refer to the references in appendix A. 1 1
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This armor protects against the standard test rounds as defined in section 5.2.1. It also provides protection against lesser threats such as 12 gauge No. 4 lead shot and most handgun rounds in calibers 25 and 32.
2.2.2 Type II-A (Lower Velocity 357 Magnum; 9 mm)
This armor protects against the standard test rounds as defined in section 5.2.2. It also provides protection against lesser threats such as 12 gauge 00 buckshot, 45 Auto., 38 Special – P and some other factory loads in caliber 357 Magnum and 9 mm, as well as the threats mentioned in section
2.2.1. 2.2.3 Type II ( Higher Velocity 357 Magnum; 9 mm) This armor protects against the standard test rounds as defined in section 5.2.3. It also provides protection against most other factory loads in caliber 357 Magnum and 9 mm, as well as threats mentioned in section 2.2.1 and 2.2.2.
2.2.4 Type III-A (44 Magnum; Submachine Gun 9 mm)
This armor protects against the standard test rounds as defined in section 5.2.4. It also provides protection against most handgun threats as well as the threats mentioned in sections 2.2.1 through
2.2.3. 2.2.5 Type III (High-Powered Rifle)
This armor protects against the standard test round as defined in section 5.2.5. It also provides protection against most lesser threats such as 223 Remington (5.56 mm FMJ), 30 Carbine FMJ, and 12 gauge rifle slug, as well as the threats mentioned in sections 2.2.1 through 2.2.4.
2.2.6 Type IV (Armor-Piercing Rifle)
This armor protects against the standard test round as defined in section 5.2.6. It also provides at least single hit protection against the threats mentioned in sections 2.2.1 through 2.2.5.
2.2.7 Special Type
A purchaser having a special requirement for a level of protection other than one of the above standards should specify the exact test rounds to be used, and indicate that this standard shall govern in all other respects.
3. DEFINITIONS
3.1 Angle of Incidence
The angle between the line of flight of the bullet and the perpendicular to the plane tangent to the point of impact (see fig. 1). Also known as angle of obliquity. 2 A.14.b
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FIGURE 1. Angle of incidence
3.2 Fair Hit
A hit that impacts the ballistic resistant protective material at an angle of incidence no greater than 5�, and is at least 5 cm (2 in) from a prior hit or the edge of the test specimen and at an acceptable velocity as defined in this standard. A bullet that impacts too close to the edge or a prior hit and/or at too high a velocity, but does not penetrate, shall be considered a fair hit for the determination of nonpenetration..
3.3 Full Metal Jacketed (FMJ) Bullet
A bullet made of lead completely covered, except for the base, with copper alloy (approximately 90 copper-10 zinc).
3.4 Jacketed Soft Point (JSP) Bullet
A bullet made of lead completely covered, except for the point, with copper alloy (approximately 90 copper-10 zinc).
3.5 Lead Bullet
A bullet made of lead alloyed with hardening agents
3.6 Penetration
Perforation of a witness plate by any part of the test specimen or test bullet, as determined by passage of light when held up to a 60-W light bulb.
3.7 Strike Face
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The surface of a ballistic resistant protective material designated by the manufacturer as the surface that should be exposed to (face) the weapon threat.
3.8 Semiwadcutter
A bullet shape characterized by a flat nose and a tapered section leading to a cylindrical bullet body with a sharp break where the taper meets the body.
3.9 Witness Plate
A thin sheet of aluminum alloy placed behind a test specimen to determine the potential for an incapacitating injury.
4. REQUIREMENTS
4.1 Acceptance Criteria
A ballistic material satisfies the requirements of this standard if the sample item (see sec. 5.1) meets the requirements of sections 4.2 through 4.4.
4.2 Workmanship
Ballistic resistant protective materials shall be free from dents, blisters, cracks, crazing, chipped or sharp corners, and other evidence of inferior workmanship.
4.3 Labeling
The Sample item and each full size panel of ballistic resistance material shall be permanently and legibly labeled and shall include the following information.
a) Name, designation, or logo of the manufacturer
b) Type of material, according to section 2 of this standard
c) Month and year of manufacture
d) Lot number
e) Strike face, if any
f) Certification of compliance with this edition of this standard
Items c and d may be incorporated into a single number, e.g., a serial number.
4.4 Ballistic Resistance
The ballistic resistance of each test specimen of ballistic resistant protective material shall be determined in accordance with section 5.3. The test weapon and ammunition used during this test shall be those specified in table 1 in accordance with the type (threat level rating) specified by the manufacturer (sec. 4.3). Any penetration of the witness plate shall constitute failure.
The ballistic resistance test variables and test requirements are presented in table 1. 4 A.14.b
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Table 1. Test Summary
Test Variables Performance Requirements
Armor Type Test Ammunition
Nominal
Bullet Mass
Suggested Barrel
Length
I 22 LRHV
Lead
2.6 g
40 gr
15 to 16.5 cm
6 to 6.5 in
38 Special
RN Lead
10.2 g
158 gr
15 to 16.5 cm
6 to 6.5 in
Required Bullet
Velocity
320 – 12 m/s
1050 – 40 ft/s
259 – 15 m/s
850 – 50 ft/s
Required
Hits Per
Armor
Specimen
5 5
Permitted
Penetrations
0 0
II-A 357 Magnum
JSP
10.2 g
158 gr
10 to 12 cm
4 to 4.75 in
9 mm
FMJ
8.0 g
124 gr
10 to 12 cm
4 to 4.75 in
381 – 15 m/s
1250 – 50 ft/s
332 – 12 m/s
1090 – 40 ft/s
5 5
0 0
II 357 Magnum
JSP
10.2 g
158 gr
15 to 16.5 cm
6 to 6.5 in
9 mm
FMJ
8.0 g
124 gr
10 to 12 cm
4 to 4.75 in
III-A 44 Magnum
Lead SWC Gas
Checked
15.55 g
240 gr
14 to 16 cm
5.5 to 6.25 in
9 mm
FMJ
8.0 g
124 gr
24 to 26 cm
9.5 to 10.25 in
425 – 15 m/s
1395 – 50 ft/s
358 – 12 m/s
1175 – 40 ft/s
426 – 15 m/s
1400 – 50 ft/s
426 – 15 m/s
1400 – 50 ft/s
5 5
5 5
0 0
0 0
III 7.62 mm
308 Winchester
FMJ
9.7 g
150 gr
56 cm
22 in
838 – 15 m/s
2750 – 50 ft/s
5 0
IV 30-06
AP
10.8 g
166 gr
56 cm
22 in
868 – 15 m/s
2850 – 50 ft/s
1 0
Special
Requirement
(see sec. 2.2.7)*
* * *
* These items must be specified by the user. All of the items must be specified. * * *
Abbreviations: AP - Armor Piercing
FMJ - Full Metal Jacket
JSP - Jacketed Soft Point
LRHV - Long Rifle High Velocity
RN - Round Nose
SWC - Semi-Wadcutter
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5. TEST METHODS
5.1 Sampling
The test specimen shall be a current production sample of the ballistic resistant material at least
30.5x30.5 cm (12x12 in).
5.2 Test Equipment
It should be noted that hand-loaded ammunition may be required to achieve some of the bullet velocities required in the following sections.
5.2.1 Type I Test Weapons and Ammunition
5.2.1.1 22 LR
The test weapon may be a 22-caliber handgun or test barrel. The use of a handgun with a 10 to 12 cm (6 to 6.5 in) barrel is suggested. Test bullets shall be 22 Long Rifle High Velocity lead, with nominal masses of 2.6 g (40 gr) and measured velocities of 320 – 12 m (1050 – 40 ft) per second.
5.2.1.2 38 Special
The test weapon may be a 38 Special handgun or test barrel. The use of a handgun with a 15 to
16.5 cm (6 to 6.5 in) barrel is suggested. Test bullets shall be 38 Special round-nose lead, with nominal masses of 2.6 g (158 gr) and measured velocities of 259 – 15 m (850 – 50 ft) per second.
5.2.2 Type II-A Test Weapons and Ammunition
5.2.2.1 Lower Velocity 357 Magnum
The test weapon may be a 357 Magnum handgun or test barrel. The use of a handgun with a 10 to 12 cm (4 to 4.75 in) barrel is suggested. Test bullets shall be 357 Magnum jacketed soft point, with nominal masses of 10.2 g (158 gr) and measured velocities of 381 – 15 m (1250 – 50 ft) per second.
5.2.2.2 Lower Velocity 9 mm
The test weapon may be a 9 mm handgun or test barrel. The use of a handgun with a 10 to 12 cm (4 to 4.75 in) barrel is suggested. Test bullets shall be 9 mm full metal jacketed, with nominal masses of 8.0 g (124 gr) and measured velocities of 332 – 12 m (1090 – 40 ft) per second.
5.2.3 Type II Test Weapons and Ammunition
5.2.3.1 Higher Velocity 357 Magnum
The test weapon may be a 357 Magnum handgun or test barrel. The use of a handgun with a 15 to
16.5 cm (6 to 6.5 in) barrel is suggested. Test bullets shall be 357 Magnum jacketed soft point, with nominal masses of 10.2 g (158 gr) and measured velocities of 425 – 15 m (1395 – 50 ft) per second.
5.2.3.2 Higher Velocity 9 mm
The test weapon may be a 9 mm handgun or test barrel. The use of a handgun with a 10 to 12 cm (4 to 4.75 in) barrel is suggested. Test bullets shall be 9 mm full metal jacketed, with nominal masses of 8.0 g (124 gr) and measured velocities of 358 – 12 m (1175 – 40 ft) per second. 6 A.14.b
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5.2.4 Type III-A Test Weapons and Ammunition
5.2.4.1 44 Magnum
The test weapon may be a 44 Magnum handgun or test barrel. The use of a handgun with a 14 to 16 cm (5.5 to 6.25 in) barrel is suggested. Test bullets shall be 44 Magnum, lead semiwadcutter with gas checks, nominal masses of 15.55 g (240 gr), and measured velocities of 426 – 15 m (1400 – 50 ft) per second.
5.2.4.2 Submachine Gun (SMG) 9 mm
The test weapon may be a 9 mm SMG or test barrel. The use of a test barrel with a 24 to 26 cm (9.5 to 10.25 in) barrel is suggested. Test bullets shall be 9 mm full metal jacketed, with nominal messes of 8.0 g (124 gr) and measured velocities of 426 – 15 m (1400 – 50 ft) per second.
5.2.5 Type III Test Weapon and Ammunition
The test weapon may be a rifle or a test barrel chambered for 7.62-mm (308 Winchester) ammunition. The use of a rifle with a barrel length of 56 cm (22 in) is suggested. Test bullets shall be
7.62 mm full metal jacketed (U.S. military designation M80) with nominal masses of 9.7 g (150 gr) and measured velocities of 838 – 15 m (2850 – 50 ft) per second.
5.2.6 Type IV Test Weapon and Ammunition
The test weapon may be a rifle or a test barrel chambered for 30–06 ammunition. The use of a rifle with a barrel length of 56 cm (22 in) is suggested. Test bullets shall be 30 caliber armor piercing (U.S. military designation APM2), with nominal masses of 10.8 g (166 gr) and measured velocities of 868 – 15 m (2850 – 50 ft) per second.
5.2.7 Special Type Test Weapon and Ammunition
The test weapon, cartridge type, bullet construction, bullet caliber, bullet mass, and bullet striking velocity must all be specified by the user.
5.2.8 Chronograph
The chronograph shall have a precision of 1 ms and an accuracy of 2 ms. Its triggering devices shall be of either the photoelectric or conductive screen type.
5.2.9 Support Fixture
The test specimen shall be supported by a fixture that permits its position and attitude to be readily adjusted so that it is perpendicular to the line of flight of the bullet at the point of impact.
5.2.10 Witness Plate
The witness plate shall be a 0.5 mm (0.020 in) thick sheet of 2024-T3 or 2024-T4 aluminum alloy and shall be placed and rigidly affixed perpendicular to the line of flight of the bullet and 15 cm (6 in) beyond the armor under test.
5.3 Ballistic Resistance Test
Condition the test specimen at a temperature of 20 to 28�C (68 to 82�F) for at least 24 h prior to test.
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Place the triggering devices 2 and 3 m (6.6 and 9.8 ft), respectively from the muzzle of the test weapon as shown in fig. 2, and arrange them so that they define planes perpendicular to the line of flight of the bullet. Measure the distance between them with an accuracy of 1.0 mm (0.04 in). Use the time of flight and distance measurements to calculate the velocity of each test round.
After the specified test weapon has been supported, leveled, and positioned, fire one or more pretest rounds (as needed) through a witness plate to determine the point of impact.
Place the test specimen in the support fixture and position it 5 m (16 ft) from the muzzle of the test weapon. Then position an unperforated witness plate 15 cm (6 in) beyond the test specimen. Fire a test round and record the velocity of the bullet as measured by the chronograph. Examine the witness plate to determine penetration, and examine the specimen to see if the bullet made a fair hit.
If no penetration occurred, reposition the test specimen and repeat the procedure with additional test rounds until the test is completed. Space the hits as evenly as possible so that every portion of the test specimen is subject to test.
FIGURE 2. Ballistic test setup
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APPENDIX A-REFERENCES
[1] Ballistic resistance of police body armor. NIJ Standard-0101.02. National Institute of Justice, U.S. Department of Justice, Washington, DC 20531.
[2] Ballistic helmets. NIJ Standard-0106.01. National Institute of Justice, U.S. Department of Justice, Washington, DC 20531; 1981 December.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 9, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-218, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT
WITH PINNACLE TRAINING SYSTEMS, LLC FOR WORK SITE WELLNESS SERVICES FOR
THE POLICE DEPARTMENT STAFF
BRIEF DESCRIPTION: This resolution will authorize the City Manager to sign a contract with Pinnacle Training Systems, LLC to provide a Worksite Wellness Program for the Police Department Personnel.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign an agreement with Pinnacle Training Systems, LLC for a Worksite Wellness Program for Police Department Personnel.
DEPARTMENT SUMMARY: Police personnel work in a stressful environment regardless of the job assignment. Work stress and other work environment situations add to common health issues or lead to on-the-job injuries.
Several years ago, the police department participated in a health screening as part of a worksite wellness program with Pinnacle Training Systems, LLC. The agreement also included follow up health improvement plans and exercise programs to improve the health of police personnel.
The intent of the program is to follow up after a set time to document any improvements or to address any new issues.
Among the services provided Pinnacle Training Systems, LLC. will provide height and weight screening, body composition testing, blood pressure screening, cardiovascular risk panel, EKG monitoring during rest and exercise, and wellness coaching. There is also an option to provide functional movement assessment and customized workouts based on the functional movement assessment. Several studies have shown a reduction of on-the-job injuries and illnesses with improved health practices and screening to monitor for unknown risks.
Unfortunately, due to the COVID-19 pandemic, the follow up program and rescreening has not been completed. Staff would like to contract with Pinnacle Training System Inc., once again to provide health screening and health guidance training.
Pinnacle Training Systems, LLC has agreed to provide the services once again for police personnel. The cost will be $395 per person for the screening program or $435 for the screening and the optional functional movement assessment program with a customized exercise workout program.
Staff recommends the city council authorize the City Manager to sign the agreement with Pinnacle Training System, LLC.
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FINANCIAL IMPACT: Depending on participation, $395 up to $11,850 (for 30 officers).
CEQA: N/A
ATTACHMENTS:
1. 2023 Service Agreement
2. Pinnacle Training Systems Signed Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER TO SIGN AN AGREEMENT WITH PINNACLE TRAINING SYSTEMS, LLC
FOR WORK SITE WELLNESS SERVICES FOR THE POLICE DEPARTMENT STAFF
WHEREAS, on the job stress and job environment issues lead to common health issues among police personnel; and
WHEREAS, the police department has a need to provide a wellness program that monitors key health factors in their staff with the hope of improving their health; and
WHEREAS, Pinnacle Training System, Inc. offers a program that the Police Department recommends for their staff as part of a comprehensive wellness system; and
WHEREAS, Pinnacle Training System, Inc. has offered its services once again to police personnel; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to sign an agreement with Pinnacle Training Systems, LLC for work site Wellness services for police department staff.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-218, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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THE SCIENTIFIC APPROACH TO YOUR SUCCESS
WELLNESS SERVICES AGREEMENT
This Wellness Services Agreement (the “Agreement”) is effective [November 6, 2023] by and between PINNACLE TRAINING SYSTEMS, LLC (“PTS"), a company organized and existing under the laws of the state of California, having an office located at 6011 N. Fresno St. Suite 120, Fresno CA 93710 and the City of Hollister (the “CLIENT”) located at and/or having a correspondence address of:
375 5th Street , Hollister, CA 95023
PTS and the CLIENT are at times herein collectively referred to as the “Parties,” or individually, as a “Party.”
RECITALS
1. The CLIENT wishes to retain PTS to provide certain worksite wellness services related to and/or described as a “Worksite Wellness Program” on the terms and conditions hereinafter set forth.
2. PTS wishes to provide such services to the CLIENT on such terms and conditions.
NOW THEREFORE in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. SERVICES TO BE PROVIDED
a) PTS agrees to provide to the CLIENT ongoing wellness/fitness services set forth in Schedule “A,” which is attached hereto and made a part of this Agreement (the “Services”).
b) PTS agrees and undertakes to perform the Services in a timely fashion with the skill, competence and diligence commensurate with the standards in the wellness industry.
2. COMPENSATION AND INCENTIVES
a) The CLIENT shall pay PTS for the Services, in accordance with the terms set forth in Schedule “B,” which is attached hereto and made a part of this Agreement.
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THE SCIENTIFIC APPROACH TO YOUR SUCCESS
b) Incentives shall be paid by the CLIENT and/or PTS in accordance with the terms set forth in Schedule “C,” which is attached hereto and made a part of this Agreement.
3. TERM AND TERMINATION
a) The initial term of this Agreement (“Term”) shall be for a period of twelve (12) months beginning on November 6, 2023, and ending on November 5, 2024, unless terminated earlier in accordance with the provisions herein. The Term of the Agreement may only be extended by a written agreement signed by both Parties. b) This Agreement may be terminated by either Party upon the occurrence of an event of default, given five (5) days written notice of the default to the other Party. If the default is not cured within the five-day notice period, this Agreement will terminate and any and all fees owed to PTS for services rendered, up and through the termination date will be immediately due and payable. Each of the following constitutes an event of default for the purposes of this Agreement:
i. breach of this Agreement (including but not limited to non-performance and/or inability to perform), and
ii. insolvency of CLIENT or PTS (including but not limited to bankruptcy). c) CLIENT shall be entitled to terminate this Agreement for any reason, provided a minimum of thirty (30) days’ written notice is provided to PTS, except in the event of default by PTS as described in paragraph 3.b) above. PTS may terminate this agreement for any reason provided a minimum of ten (10) days’ written notice is provided to CLIENT. In the event of termination, CLIENT shall pay PTS for all Services rendered up and through the date of termination, in accordance with the payment terms set forth in Schedule B.
d) Upon request at the termination of this Agreement, CLIENT shall return to P TS all confidential data, belonging to PTS and embodied or recorded in tangible form, which is in its possession. CLIENT expressly grants PTS permission to use the aggregate results of the Worksite Wellness Program for marketing, advertising, research, educational and/or other business purposes, so long as the identity of any individual participating in the program is not disclosed and/or cannot reasonably be determined or associated with the use. PTS acknowledges that the CLIENT does not consent to the release of individual employee information, and PTS is required to obtain the written consent of an individual prior to using that individuals program information and/or identity for marketing, advertising, research, educational and/or other business purposes.
4. STATUS
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contractors. This Agreement shall not be deemed to create a joint venture, partnership, principal-agent, employer-employee, or similar relationship between PTS and CLIENT.
b) PTS and CLIENT shall comply with all applicable statutes, ordinances and regulations of the State of California and the Unites States governing the performance of the Services.
5. CONFIDENTIALITY
“Confidential Information” shall mean any proprietary or non-public Confidential Information or materials which are owned or controlled by the Disclosing Party, both of which are disclosed under the following terms and conditions. “Disclosing Party” shall mean the party revealing or disclosing the Confidential Information. “Recipient” shall mean the party receiving the Confidential Information.
a) The Parties shall not disclose or divulge to any person or entity, except as provided below, any Confidential Information which either Party may reveal under this Agreement and shall not use said Confidential Information in any manner whatsoever, directly or indirectly, except as expressly permitted herein and solely in connection with the Worksite Wellness Program. The parties shall protect the confidentiality of and take all reasonable steps to prevent disclosure or unauthorized use of the Confidential Information.
b) Each Party shall have the right to disclose the Confidential Information to its officers, directors, employees, agents, subcontractors and consultants for the purposes authorized herein. Each Party shall, prior to disclosing the Confidential Information or portion thereof to any such person, issue appropriate instructions to them to ensure that such persons are aware of their obligation to comply with the confidentiality and use obligations and restrictions contained in this Agreement. c) The Recipient shall advise the Disclosing Party in writing in the event the Recipient becomes aware of any unauthorized dissemination, misappropriation, or misuse of Confidential Information by the Recipient and provide assistance to Disclosing Party to mitigate any damages caused thereby and to limit any further dissemination or misuse of the Confidential Information.
d) Confidential Information shall not include any data or information which:
i) is now generally known or readily available to the trade or public or which becomes so known or readily available without fault of Recipient; ii) is possessed by Recipient without restriction as to disclosure or use prior to its disclosure hereunder;
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iii) is received independently from a third party who is free to disclose such information to the Recipient;
iv) is required as part of any court order or government regulation (provided that the Disclosing Party has been given sufficient written notice of such order or regulation to contest it); or,
v) is developed by Recipient independent of any Confidential Information of Disclosing Party and which can be proven by written records. e) The provisions of paragraphs 5.a) and 5.c) above shall survive the termination of this Agreement and shall continue until the Confidential Information is no longer confidential and/or proprietary.
6. INTELLECTUAL PROPERTY
The CLIENT acknowledges that PTS has custom designed the Services based on its education and experience in the wellness industry. The CLIENT agrees that all work produced in the development of the Services and all work product which PTS produces in performing the Services, or any component thereof, including, but not limited to publications, reports and other materials prepared by PTS (whether or not copyrighted or patentable), shall be the property of PTS. The CLIENT acknowledges that all copyright, rights to patents, trade secrets or other intellectual property in all such work and in the Services are the property of PTS.
7. FORCE MAJEURE
If the performance of this agreement or any of the obligations hereunder is interfered with in whole or in part by reason of any circumstances beyond the reasonable control of PTS, including but not limited to fire, explosion, power failure, acts of God, revolution, civil commotion or acts of public enemies, any applicable law, order, regula tion, ordinance or requirement of any government or legal body or labor unrest, including without limitation, strikes, slow downs, picketing or boycotts, then PTS shall be excused from such performance to the extent of such interference.
8. SUBCONTRACTS
PTS shall have exclusive right and responsibility for the selection of any and all service suppliers required for the performance of the Services hereunder. However, no modifications to the Services, whether to be provided directly by PTS or a subcontractor, sh all be made without the prior written consent of both parties (as to any such modification and/or addition), which consent shall not be unreasonably withheld.
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9. INDEMNIFICATION
a). Except to the extent caused by the gross negligence or willful misconduct of CLIENT or any person or entity under its explicit direction or control, PTS will indemnify, defend, and hold harmless the CLIENT, its councilmembers, officers, employees, agents, successors, and assigns, free and harmless from any and all claims, damages, liabilities, losses, government proceedings, and costs and expenses, including reasonable attorney fees and costs of suit, arising out of any act or omission by PTS in the performance of this Agreement. b). Each party will give the other prompt written notice of any claim or suit possibly coming within the purview of any indemnity set forth in this Agreement. Upon the written request of an indemnitee, the indemnitor will assume the defense of any such claim, demand, action, or proceeding. The indemnitee shall also have the right to provide its own defense at its own expense, provided the indemnitee shall not settle any claim without the indemnitor’s consent unless it is willing to release the indemnitor from its obligation of indemnity hereunder.
c). PTS shall maintain for the life of this agreement the minimum scope of insurance set forth in schedule “D”.
d). The indemnifications set forth in this Section 9 shall survive the termination of this Agreement.
10. GENERAL TERMS
a). Complete Agreement: This Agreement, including Schedules “A,” “B” and “C” hereto, constitutes the entire understanding between the parties respecting the subject matter of this Agreement and supersedes any and all prior negotiations, correspondence, understandings and agreements between the parties respecting the subject matter of this Agreement. This Agreement shall not be modified except by a writing duly executed on behalf of the Party against whom such modification is sought to be enforced.
b). Waiver: No supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly stated by the Party making such waiver.
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c). Assignment: Neither this Agreement nor any rights or obligations hereunder shall be assignable by any Party without the prior written consent of the other Party. This Agreement shall ensure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns. d). Authority: Each Party represents and warrants in favor of the other that it has all necessary capacity and authority to enter into this Agreement and to carry out its respective obligations hereunder.
e). Notices: Any notice required or permitted to be given hereunder shall be in writing and shall be sufficiently given if delivered in person during normal business hours of the recipient on a business day or sent by first class mail, postage prepaid, or by facsimile as follows:
In the case of a notice to the PTS to:
Felicia Gomez
6011 N. Fresno St. Suite 120
Fresno, CA 93710
In the case of a notice to CLIENT to:
City of Hollister
David Mirrione, City Manager
375 5th Street
Hollister, CA 95023
and shall be conclusively deemed to have been given and to have been received on the following business day, if so delivered or sent by facsimile, and on the third business day following the mailing thereof, if so mailed (excluding each day during which there exists any interruption of postal services due to strike, lockout or other cause). Addresses for notice may be changed by giving notice in accordance with the foregoing.
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a). Choice of Law: This Agreement shall be governed by the laws of the State of California, excluding its choice of law rules that may allow governance of the agreement by the laws of another state. Solely for the purposes of enforcing or interpreting this Agreement, the Parties agree to be subject to the personal jurisdiction of any court in the County of Fresno in the State of California with subject matter jurisdiction to enforce or interpret any of the provisions of this Agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated above.
PINNACLE TRAINING SYSTEMS, LLC CLIENT
Authorized Signature Authorized Signature
Felicia Gomez, Ph.D. Owner David Mirrione, City Manager Print Name and Title Print Name and Title
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SCHEDULE “A”
WORKSITE WELLNESS PROGRAM SERVICES
PTS shall provide the Services to the CLIENT as set forth below, upon the terms and conditions set forth in this Agreement. The CLIENT and PTS may only amend this Schedule, by a written agreement signed by both Parties, from time to time during the Term of the Agreement and/or any renewal period.
Option 1:
a) Employee questionnaire
b) Height, weight screening
c) Body composition testing
d) Blood pressure screening
e) Cardiovascular risk panel
f) A1C (diabetes risk) testing
g) Individual employee consultation
h) EKG monitoring and rest and exercise
i) Wellness coaching
Option 2: Includes Option 1 with the following:
j) Functional Movement Assessment (assess for injury prevention) k) Customized workouts based on FMS Assessment
Option 3: Mental Wellness Services:
l) Crisis hotline for family ($10/month) (includes a 1 month prescription for EMDR for 10% of Department)
m) Stand-alone monthly EMDR subscription ($69/person)
Customized Google Site with information on nutrition, fitness, injury prevention + updated monthly videos on wellness topics specific to first responders.
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SCHEDULE “B”
PAYMENT
In consideration of the Services provided by PTS, the CLIENT shall pay PTS in accordance with the terms set forth below. The CLIENT and PTS may only amend this Schedule, by a written agreement signed by both Parties, from time to time during the Term and/or any renewal period. a.) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to the agreement shall be a fix fee of:
$ 395.00 per person for Option 1; or $435 per person with the addition of Option 2 Services; Crisis hotline: $10/family/month (includes 1 month EMDR subscription for 10% of the Department; Stand alone EMDR: $69/month/subscription Cancellation fee: The City shall make a payment of $75 for any testing appointment cancelled less than 24 hours in advance or for a “no show” that cannot be replaced with another employee.
Minimum Tested: The City shall pay for a minimum of 16 individuals tested via a combination of each option. This quote is based on 2 back to back testing days.
City will only be billed for services rendered.
b.) The City shall make payment within 30 days after the Consultant has completed the services and the City has accepted the described services. All other services will be billed upon completion and will be billed according to services received. c.) Any balance of fees is due and payable at the end of the Term of this Agreement (as set forth in paragraph 3.a) above, unless terminated earlier pursuant to paragraphs
3.b)-c). In any case, CLIENT shall pay PTS all fees due hereunder not later than seven (7) days after (i) the end of the Term, or (ii) in the case of termination pursuant to paragraphs 3.b)-c), the termination date, whichever is sooner.
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SCHEDULE “C”
WORKSITE WELLNESS INCENTIVES
Worksite wellness incentives shall be paid by CLIENT and/or PTS according to the terms set forth below. The CLIENT and PTS may amend this Schedule, by written agreement between the Parties, from time to time during the Term and/or any renewal period.
Incentive Amount: _____ TBD ____________________
Paid by: ______ Client - City will pay for any incentives Additional Terms:
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Schedule “D”
Insurance Requirements for Professional Services
PTS shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
1. Professional Liability (Errors and Omissions) Insurance appropriates to the PTS profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If PTS maintains higher limits than the minimums shown above, the Client requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Hollister, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to PTS’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this contract, PTS’s insurance coverage shall be primary insurance as respects the City of Hollister, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
PTS hereby grants to the City of Hollister a waiver of any right to subrogation which any insurer of said PTS may acquire against the City of Hollister by virtue of the payment of any loss under such insurance. PTS agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Hollister has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Hollister. The City of Hollister may require PTS to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
PTS shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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Subcontractors
PTS shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and PTS shall ensure that City of Hollister is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
The City of Hollister reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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WELLNESS SERVICES AGREEMENT
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 27, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Public Works
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-219, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN AN
AGREEMENT FOR SECURITY SERVICES FOR THE BRIGGS BUILDING GARAGE
BRIEF DESCRIPTION: This resolution will authorize the City Manager to negotiate for and sign an agreement to provide security services for the Briggs Building Parking Garage.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to negotiate for and sign an agreement for security services.
DEPARTMENT SUMMARY: The agreement to provide security services for the Briggs Building parking garage expired in December of 2022. Since that time, security services have been provided on a month to month basis. Staff would like to have an agreement in place to ensure long term security services are provided and to lock in prices for the services.
The current level of service is three (3) patrols, at various times, per night. With the completion of the new building at 400 San Benito Street, and parking to be provided, at a cost, to the residents of that building, there may be a need to have an increased security presence in the parking structure. The new agreement will provide options to increase security patrols without the need to amend the agreement should the increases be warranted, as determined by the City Manager.
Staff recommends the City Council approve the resolution and authorize the City Manager to negotiate for and sign the agreement.
FINANCIAL IMPACT: Estimated at $3,150 per month for current service levels and up to $12,000 per month for continuous overnight coverage.
CEQA: N/A
ATTACHMENTS:
1. Level 1 Agreement DRAFT
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. 2023-219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER TO SIGN AN AGREEMENT FOR SECURITY SERVICES FOR THE
BRIGGS BUILDING GARAGE
WHEREAS, the City of Hollister currently has security services for the Briggs Building Garage; and
WHEREAS, the agreement for these services expired in December of 2022 ; and
WHEREAS, the current services are provided on a month to month basis; and
WHEREAS, an agreement with Level 1 Security would lock in rates and provide options for services; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister herby adopts the resolution authorizing the City Manager to negotiate for and sign an agreement between the City of Hollister and Level 1 Private Security for security services for the Briggs Building Parking Garage.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-219, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 31, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Development Services
Eva Kelly, Interim Planning
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-220, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE FIRST AMENDMENT TO THE 400 SAN
BENITO BRIGGS BUILDING PARKING GARAGE LICENSE AND RIGHT TO ENTRY
AGREEMENT WITH DEL CURTO BROTHERS CONSTRUCTION COMPANY
BRIEF DESCRIPTION: A resolution approving the first amendment to the License and Right of Entry Agreement between the City of Hollister and Del Curto Brothers Construction Company for the 400 San Benito Condos and Briggs Building Parking Garage.
RECOMMENDATION: Adopt a resolution approving the first amendment to the License and Right of Entry Agreement.
DEPARTMENT SUMMARY: On June 5, 2017, the City of Hollister entered into a Disposition and Development Agreement with Del Curto Brothers Construction Company, to reserve up to a maximum of 24 parking spaces within the Briggs Building Parking Garage for use by residents of the 400 Block Condo development. On February 19, 2019, the City entered into a License and Right of Entry agreement with the Del Curto Brothers, to establish the terms for the licensing of the 24 parking spaces for the development. Currently, the City and Developer wish to amend the 2019 agreement to add The 400 of Hollister Owners’ Association as the Licensee for the agreement. Attached is a resolution authorizing the amendment to the agreement, with Contract Amendment Number 1 attached as Exhibit A of the resolution.
FINANCIAL IMPACT: The adoption of the amended agreement does not have any direct financial impact to the City. The terms of the agreement, including fees to be paid by the Licensee can be found within the agreement.
CEQA: This is not a project under CEQA.
ATTACHMENTS:
1. Exhibit A. 1st Amt to License and Right of Entry for 400 Block Parking Lot
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE FIRST AMENDMENT TO THE 400 SAN BENITO BRIGGS BUILDING PARKING GARAGE
LICENSE AND RIGHT TO ENTRY AGREEMENT WITH DEL CURTO BROTHERS
CONSTRUCTION COMPANY
WHEREAS, the City of Hollister (“City”) and Del Curto Brothers Construction Company, Inc. (“Developer”), entered into a Disposition and Development Agreement on June 5, 2017, reserving up to 1.375 parking spaces (a maximum of 24 spaces) within the Briggs Building Parking Structure (“Parking Garage”) for use by residents of the 400 Block Condos development; and
WHEREAS, the City and Developer entered into a License and Right of Entry Agreement dated February 19, 2019 (the “Original Agreement”) establishing a license and right of entry for residents of the 400 Block Condos development to utilize designated parking spaces within the Parking Garage; and
WHEREAS, the City and Developer, pursuant to section seventeen (17) of the Original Agreement wish to amend the terms and conditions of the Original Agreement; and
WHEREAS, the City and Developer wish to add the 400 of Hollister Owners’ Association as a party subject to all terms and conditions of the Original Agreement and this Amendment; and
WHEREAS, the City and Developer wish to substitute The 400 of Hollister Owners’ Association as the Licensee, subject to all rights, responsibilities and duties thereof.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the first amendment, attached herein as Exhibit A of this resolution, to the License and Right of Entry Agreement between the City of Hollister and Del Curto Brothers Construction Company, and authorizes the Mayor, or their designee, to sign the agreement on behalf of the City.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-220, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: September 18, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, TITLE 2 -
ADMINISTRATION AND PERSONNEL TO UPDATE THE HOLLISTER CITY COUNCIL
AGENDA FORMAT
BRIEF DESCRIPTION: This item would introduce an ordinance to amend Hollister Municipal Code Section 2.04.130 - Order of Business to update the City Council’s agenda format.
RECOMMENDATION: Hold a public hearing and introduce an ordinance to amend Hollister Municipal Code Section 2.04.130 – Order of business.
DEPARTMENT SUMMARY: This ordinance would amend Hollister Municipal Code, Section 2.04.130 – Order of business, to update the format for the City of Hollister City Council agenda format. The current City Council order of business includes several sections that are rarely used and often cause confusion for those who are unfamiliar with the format of public meetings. Staff recommends a simplified agenda format to increase efficiency, clarity, and greater flexibility based on the types of items being considered by the City Council. The proposed format will allow for a more uniform meeting structure for the City’s advisory bodies, whose meeting agendas and reports will be included in the new agenda management system. If approved by the City Council, the bylaws for the advisory bodies will be similarly updated to reflect the new agenda format.
FINANCIAL IMPACT: None at this time
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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ORDINANCE NO. 1240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, TITLE 2 -ADMINISTRATION AND PERSONNEL
TO UPDATE THE HOLLISTER CITY COUNCIL AGENDA FORMAT
WHEREAS, the City of Hollister seeks to update the format for the City Council agenda to create a simpler and more streamlined structure; and
WHEREAS, an ordinance amending the City of Hollister Municipal Code, Section
2.04.130 – Order of Business has been drafted; and
WHEREAS, if approved by the City Council, the bylaws for the City of Hollister’s advisory bodies will be similarly updated to reflect the new agenda format.; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain as follows:
Section 1. Section 2.04.130 of the Hollister Municipal Code is hereby amended to read as follows:
2.04.130 Order of business.
All meetings of the city council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the mayor, members of the city council, the city clerk, the city attorney and the city manager shall take their regular stations in the council chambers and the business of the city council shall be considered and disposed of, other than the introduction and adoption of ordinances, the appropriation of public money and in cases where the names of those who voted for and those who voted against a question are required by law or ordinance to be entered upon the minutes, regardless of order, the city council may, by a single vote, consider and dispose of any group or series of items of business. The following items may be placed on the agenda by the city clerk based on items submitted for each meeting:
1. Roll Call.
2. Closed Session.
3. Presentations/Recognitions. Special Orders of the Day
4. Public Input on Items not on the Agenda.
4.5. Consent Agenda.
5. Approval of the Minutes.
6. COH Successor Agency of RDA.
7. Public Input.
8. Petitions Remonstrance's and Communications.
9.6. Public Hearings.
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10.7. Introduction and Adoption of Ordinances and ResolutionsCouncil Business.
8. Informational Reports
a. Reports of Officers Boards and CommitteesCommittee Assignments. b. Council Reports
c. City Manager Report
a.d. Informational Memoranda
11. Unfinished Business.
12. Miscellaneous.
13.9. COH Successor Housing Agency RDA (if needed).
10. COH Successor Agency of RDA (if needed).
14.11. Financing Authority (if needed).
15.12. Housing Authority (if needed).
16.13. Industrial Development Authority (if needed).
17. Appropriations.
18.14. Adjournment.
INTRODUCED at a regular City Council meeting on November 6, 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1240 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: November 1, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Administrative Services
Casey Estorga, Administrative
Services Director
TITLE OF ITEM: ORDINANCE NO. 1241 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 3.06 - PURCHASING OF TITLE 3 - REVENUE AND FINANCE OF THE
HOLLISTER MUNICIPAL CODE
BRIEF DESCRIPTION: Staff will provide an update to the City Council on recommended changes to the City's current procurement policy.
RECOMMENDATION: Hold a public hearing and introduce an ordinance to amend Section 3.06 - Purchasing of Title 3 -Revenue and Finance of the Hollister Municipal Code.
DEPARTMENT SUMMARY: The City Council directed staff to review the City of Hollister’s procurement policy and purchasing rules. The City’s existing policy, memorialized as Municipal Code, Chapter 3.06, Article II - Purchasing, was adopted roughly 15 years ago in October 2008.
To help with this project, the City entered into a Professional Services Agreement with Regional Government Services (RGS) to provide high-level technical support for the policy review.
The City Manager’s Office and Administrative Services Department, in conjunction with RGS and with input from all City departments, analyzed the City’s existing policy. This process considered (1) the public services necessary to properly serve the Hollister community, (2) industry best practices for purchasing, and (3) how proposed changes to the policy could allow the City to operate more efficiently and effectively while concurrently protecting, and maximizing the value of, public funds.
On August 21, 2023 staff presented preliminary recommendations to the City Council.
Based on staff’s analysis and direction from the City Council, staff is making a series of recommendations summarized below.
City Council Approval
The City Council remains the final authority for all purchasing decisions made by the City of Hollister. However, the City Council may choose to delegate portions of their authority to City staff in an effort to streamline operations and minimize administrative costs. This delegation would only occur when the efforts would not degrade the quality of public services and when the actions would sustain the value of the public dollar.
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The City Council currently delegates some level of purchasing authority to the City Manager. Staff recommends the City Council continue this best practice. However, staff also recommends the City Council remains the exclusive purchasing authority for the following items:
• Procurement of goods and professional services costing over $100,000; and
• Procurements associated with public works projects valued over $60,000, with the exception of public works projects under $200,000 that may be awarded by the City Manager to vendors included on the City’s list of qualified contractors as prescribed by State law.
Notably, the City Council retains the full authority to direct the City Manager to present any purchase, at any value, to the City Council at a public meeting for consideration.
Public Works Projects
Public works projects are governed by a unique set of regulations at the state and local level because of their broad impact to the community and higher value expenditures.
On June 5, 2023 the City of Hollister adopted the California Uniform Public Construction Cost Accounting Act (CUPCCAA) via Resolution 2023-211. Therefore, certain public works procurements would be guided by the provisions within CUPCCAA. In general, CUPCCAA applies to smaller public works projects valued under $60,000.
It is therefore recommended that the city modify Municipal Code, Chapter 3.06, to add Section 3.06.290 formalizing CUPCCAA procedures and adding Best Value Procurement guidelines.
Public works projects with an aggregate value over $60,000 will be governed by both state law and local purchasing rules, including the requirement to present those procurement decisions to the City Council for review and consideration. CUPCCAA does allow public works projects under $200,000 to be awarded by the City Manager to vendors that have been included on the City’s list of qualified contractors in a manner prescribed by State law.
Project Labor Agreements and Community Workforce Agreements
Project Labor Agreements and Community Workforce Agreements, collectively referred to in this report as "Project Agreements," can be of economic benefit for publicly funded , major construction projects that involve a substantial number of contractors, subcontractors, and craft workers. The City Council may choose to adopt rules associated with Project Agreements, and potential selection criterion for Best Value Procurements, associated with large public works projects. If the City Council elects to incorporate these changes, staff recommends the rules apply to public works projects valued at $250,000 or more as directed via consensus at the August 21, 2023 City Council meeting.
Project Agreements may facilitate the timely and efficient completion of major construction projects by making available a ready and reliable supply of highly trained E.2
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and skilled craft workers, helping the city and contractors accurately determine project labor costs, establish working conditions for the duration of the project, and assuring labor stability and avoiding disruptions such as strikes, lockouts or slow-downs over the life of a project.
The following factors should be considered in determining whether to use a Project Agreement for a major construction project:
a) Benefits to the public using a Project Agreement in terms of cost, efficiency, safety, quality, and timeliness; and
b) The complexity of the project, to include the number of contractors, subcontractors, and craft workers necessary to complete the project in a timely manner; and
c) The project's need for multiple contractors or subcontractors who employ works in multiple crafts or trades; and
d) The potential for labor disruptions, such as strikes, lockouts, or slowdowns, that may delay completion of the project; and
e) The existence of a shortage of skilled workers in the area of the project; and f) The need and urgency of the project and the harm to the public if completion of the project were to be delayed; and
g) Whether Project Agreements have been used successfully on comparable projects.
A sample Community Workforce Agreement has been included as Exhibit C as part of this staff report.
City Manager Approval
The City Manager’s current purchasing authority for non -public works projects is $20,000. It has been at that level since October 2008. Previously, the City Manager’s purchasing authority was $15,000, which was originally approved by the City Council in September 1993.
Based on data gathered by staff, the City Manager’s $20,000 purchasing limit is antiquated and no longer aligns with best practices. As a result, staff recommends the City Council increase the City Manager’s purchasing authority, from $20,000 to $100,000, to meet the contemporary purchasing needs of the City of Hollister.
This means, in general, the City Council would delegate authority to the City Manager to approve the day-to-day purchase of goods and professional services that have an aggregate cost under $100,000. This authority and associated limit only applies to the purchase of goods and professional services and does not apply to public works projects which have a different set of rules under state law and local policy. The City Manager would be required to perform these duties by ensuring all transactions complied with applicable City policies and state laws.
The National Procurement Institute (NPI) promotes as a “best practice” a procurement policy that allows an organization’s Chief Procurement Official to solicit and award all competitively-bid contracts for goods and non-professional services without limits and without governing body approval. This applies only for purchases that have been E.2
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approved in the City Council’s adopted budget. Also, only those procurements that have successfully met competitive specifications, multiple sources, and formal bidding processes would be eligible. Despite NPI’s best practices that offer great deference to a Chief Procurement Official, what is being proposed is more conservative and would only authorize the City Manager, acting as the City’s Chief Procurement Official through delegated authority from the City Council, to authorize purchases under $100,000.
Increasing the City Manager’s purchasing authority to $100,000 will keep pace with the escalating cost of goods and services (Exhibit A). Additionally, this change will also align the City of Hollister with best practices of numerous other public agencies (Exhibit B), including agencies located within the same regional economy as the City of Hollister.
Additional Recommendations, Changes, and Clarifications
Staff also identified additional changes as summarized below. These changes are generally clarifying and/or administrative in nature:
• Allow advertising of formal bids on the city’s website. • Allow for submittal of formal bids via a secure, on -line system, or other appropriate media.
• Add requirements and definitions of “Responsive Bidder” and “Responsible Bidder”.
• Require at least one (1) quotation for purchases under $10,000. • Requires at least three (3) quotations for purchases between $10,000 and $100,000.
• Explicitly allow the use of online/web-based quotations. • Add “life cycle cost” and “total cost of ownership” to award criteria. • Define “emergency” and require City Manager to report to City Council at next scheduled meeting any emergency purchases made.
• Allow for participation in Joint Powers Authority’s cooperative purchasing consortiums.
• Delete “Section 3.06.260, Purchases without notice, advertisement, or competitive bids”. This is covered under “Section 3.06.250, Emergency Purchases” and “Section 3.06.270, Exceptions”.
• Define “sole source” under exceptions to competitive bidding requirements.
Summary
In summary, staff believes the overall impact of these proposed changes will have a positive impact on both the City administration and the broader Hollister community by reducing administrative time and paperwork, improving delivery times and the City’s relationship with vendors (including large and small business as well as local businesses), while also collectively enhancing the City’s operational efficiencies and thus serving the public in the best possible manner.
FISCAL IMPACT: No new costs are associated with adopting changes to the City’s procurement policy. Instead, staff anticipates the proposed changes will generally reduce the overall cost of day-to-day purchases for non-Public Works projects. This includes an expectation that administrative costs would decline, City operations would E.2
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be more streamlined, and the City will remain a valued partner with the business community which can result in competitive pricing and cost savings.
The aggregate cost of some Public Works projects may increase if provisions of the draft ordinance are adopted as-proposed. However, that increase in procurement costs may also be associated with higher-quality work which may result in the avoidance of future repair and/or replacement costs.
CEQA: Not a project.
ATTACHMENTS:
1. Exhibit A - Comparable Bid Limits
2. Exhibit B - Ordinance No. 1035
3. Exhibit C - Sample Community Workforce Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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ORDINANCE NO. 1241
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 3.06 - PURCHASING OF TITLE 3 - REVENUE AND FINANCE OF THE HOLLISTER MUNICIPAL CODE
WHEREAS, City of Hollister Ordinance No. 1035 added chapter 3.06 entitled Procedures for Supplies, Property, and Services to the Hollister Municipal Code; and
WHEREAS, Section 3.06 Article II - Purchasing generally regulates the City’s procurement rules; and
WHEREAS, updates to the City’s procurement rules are warranted based on widespread economic changes and the necessity for operational efficiencies; and
WHEREAS, state law requires a city to adopt by ordinance policies and procedures, including bidding regulations, associated with the purchase of goods and services; and
WHEREAS, the City Council wishes to adopt contemporary purchasing rules that both protect and maximize the use of public funds.
NOW THEREFORE, pursuant to the Government Code, the City Council of the City of Hollister does hereby adopt the amended section Article II of Chapter 3.06 of the City of Hollister Municipal Code relating to purchasing. Chapter 3.06 Article II of the City of Hollister Municipal Code is amended to read:
CHAPTER 3.06
Article II. - Purchasing
3.06.200 - Authority, title, and purpose
This article is authorized by Title 5, Division 2, Chapter 5, Article 7 of the California Government Code (Section 54201, et seq.) and shall be known as the "City of Hollister Purchasing Ordinance." It shall govern all purchasing activity of the City except real property acquisition and disposition and as may otherwise be specifically provided in this code.
The City Manager is the City’s designated purchasing agent and is therefore authorized to make purchases of all goods and services needed by the city or enter into contracts/agreements that obligate city funds. The City Manager may delegate limited purchasing authority to department directors and/or other city employees as may be required.
3.06.210 - Purchases more than one hundred thousand dollars ($100,000)
Except as otherwise directed by the City Council, whenever the amount to be expended for services, materials, equipment, or supplies is in excess of $100,000, the Department Head shall advertise for sealed bids and the purchase contract shall be awarded to the lowest responsive and responsible bidder, except in the case of a local vendor whose bid meets the requirements of Section 3.06.245 herein and whose bid does not exceed five percent (5%) of the lowest responsive and responsible bidder; provided that the Council shall have the authority to reject any and all bids. Order splitting to avoid competitive requirements is prohibited.
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For purposes of this article, “Responsive Bidder” is one who has submitted a bid that conforms in all material respects to the bid request. That is, compliance with the specifications. A “Responsible Bidder” has the capability in all respects to perform the contract requirement, and the integrity and reliability that will assure good faith performance. That is, the ability and means to perform.
The bid request shall be published in a local newspaper and/or advertised on the city’s website for at least ten calendar days prior to the bid opening date. The bid request shall describe the goods or services required, stating the date, time, and place assigned for the public opening of the bids. A secure, on-line bid submittal system, or other appropriate media, may be used in lieu of sealed bids opened in public, provided the City Manager has approved the system for accuracy, confidentiality, and reliability. No bids will be received any time after the time advertised in the announcement. The Department Head shall submit a tabulation of bids to the City Council together with a recommendation for award to the lowest responsive and responsible bidder.
3.06.220 - Purchases of more than ten thousand dollars ($10,000), but less than one hundred thousand dollars ($100,000)
All purchase orders or contracts for services, materials, equipment, or supplies involving amounts of more than $10,000, but less than $100,000, may be let by free and open competitive quotations. These contracts shall be let in the open market in a manner calculated to ensure the best interests of the public, after solicitation for quotations by mail, online source/website, telephone, email, or competitive negotiation by the City Manager or Department Head. In the solicitation for competitive quotations, the City shall contact at least three (3) potential sources of supply and include qualified local vendors. Order splitting to avoid competitive requirements is prohibited.
When comparing the competitive quotations, quotations from local vendors which meet the requirements of Section 3.06.245 herein shall be discounted by up to five percent (5%).
Purchases shall be made from the vendor with the lowest quotation unless a qualified vendor with a higher quotation can responsibly satisfy the City’s purchasing need. Purchases where the vendor with the lowest quotation is not selected must first be reviewed and approved by the City Manager or Administrative Services Director before the purchase is made.
3.06.230 - Purchases of less than ten thousand dollars ($10,000)
Single purchases of $10,000.00 or less must be authorized by the City Manager or a Department Head. Only one quotation is required for purchases of $10,000 or less. If alternate quotations may result in a lower cost, then additional solicitations should be obtained.
Furthermore, any quotation of more than $500 must be documented in writing. Quotations may come from an online source (i.e. a website) only when the accuracy of the online source can be verified. Order splitting to avoid competitive requirements is prohibited.
Purchases shall be made from the vendor with the lowest quotation unless a qualified vendor with a higher quotation can responsibly satisfy the City’s purchasing need. Purchases where the vendor with the lowest quotation is not selected must first be reviewed and approved by the City Manager or Administrative Services Director before the purchase is made.
Petty cash up to five hundred dollars ($500.00) may be used to reimburse an employee making purchases subject to Section 3.06.230.
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3.06.240 - Determination of lowest responsive and responsible bidder
In determining the lowest responsive and responsible bid, criteria will include, but not be limited to, the following:
a) The extent to which the offer meets the requirements and specifications of the city. b) Life cycle cost or total cost of ownership, which includes acquisition, operating, maintenance, and disposal costs.
c) Impact on operational efficiency, which includes lead time and delivery requirements. d) Ability and reliability of the bidder and suppliers to provide and guarantee the items procured.
e) Financial stability of the bidder.
3.06.245 - Local vendor preference
The City Council shall be authorized to give preferences for goods and services as permitted by applicable state or federal law and specifically provided for from time to time by City Council resolution or ordinance.
In procurement of goods or services for the city requirements, preference shall be given to those vendors who have a local presence in the city of Hollister, provided that the price, quality, terms, delivery, and service reputation are determined to be equal by the City Council under the criteria set forth in Section 3.06.240.
Contracts for goods or services may be awarded to a local vendor who is not the lowest responsive and responsible bidder but who has certified that it is a local vendor pursuant to this section and who is subject to taxation under the city's Uniform Local Sales and Use Tax Ordinance (Chapter 3.28 of the Hollister Municipal Code) if the amount of the difference between the local vendor and the lowest responsive and responsible bidder does not exceed five percent (5%) of the lowest responsive and responsible bid.
To qualify as a local vendor, the entity submitting the bid or quotation must certify to all of the following at the time that the bid or quotation is submitted:
1. It has fixed facilities with employees located within the city limits; and
2. It has a business street address (post office box or residential address shall not suffice to establish a local presence); and
3. All sales tax returns for the goods purchased must be reported to the state through a business within the geographical boundaries of the city, and the city will receive one percent or such percentage of sales tax of goods purchased as is allocable to the city from time to time under the existing state law; and
4. It has a current city business license.
False certifications relating to local vendor preferences shall be immediate grounds for rejection of any bid or quotation, or in the case when the bid has been awarded, shall be grounds for voiding the bid or quotation, terminating any contract, and seeking damages thereto.
3.06.250 - Emergency purchases
An “emergency” is defined as a situation in which an unforeseen circumstance constitutes a threat of physical injury or death to individuals and/or serious damage or destruction to public property. In case of emergency, the City Manager is authorized to waive advertising and other bid solicitation procedures to purchase supplies, materials, equipment, or contractual services E.2
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required for such emergencies, without regard to amount limitation or prior approval by the City Council. When practical, the City Manager shall solicit informal bids and keep records of such solicitations prior to an award of order.
The City Manager shall report to the City Council at the next scheduled City Council meeting any emergency purchases made on behalf of the city.
3.06.260 - Purchases without notice, advertisement, or competitive bids
Section deleted.
3.06.270 - Exceptions to the competitive process
Exceptions to the competitive bidding requirements are goods or services pertaining to, but not limited to, physicians, attorneys, appraisers, architects, engineers, auctioneers, consultants, arbitrators, designers, financial auditors, insurance, copyrighted materials, sole source items, gas, electricity, water, telephones, and cooperative purchasing with other governmental agencies, such as school districts, joint powers authorities, local, county, state or federal agencies, when it is to the advantage of the city to purchase from such other governmental agencies.
“Sole source” describes a product or service available from only one known supplier as the result of unique performance capabilities, manufacturing processes, compatibility requirements, or market conditions.
An exemption from the competitive bidding process is not an exemption from any process necessary to establish a business relationship with a vendor, up to and including negotiating and executing an agreement or contract, as required by the City Attorney and/or City Manager.
3.06.280 - Purchasing preference for products containing recycled materials
The purchasing agent shall establish and maintain procedures and specifications to ensure that the city gives preference in its purchasing decisions to products containing the maximum amount of recycled materials, where the quality and fitness of such products is equal to those of products containing a lesser amount of or no recycled materials and where the total cost of such products is reasonable in comparison to the total cost of those products containing a lesser amount or no recycled materials.
For purposes of this section, "product containing recycled materials" means a "recycled paper product" as that term is defined in Section 12301(c) of the Public Contract Code with respect to a paper product, and with respect to all other products means a "recycled product" as that term is defined in Section 12301(d) of the Public Contract Code.
To the extent that the California Public Contract Code or other provisions of state law provide for purchasing preferences which are more extensive than those established herein, or for additional procedures to increase the use of recycled materials, the provisions of state law shall prevail.
3.06.290 - Public Works Contracts
The city has adopted the California Uniform Public Construction Cost Accounting Act which streamlines solicitation for Public Works Projects. The Public Works Department is responsible for administering all Public Works Projects. Approvals for Public Works contracts are as follows:
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a) Orders up to $60,000 require City Manager approval, based on an informal solicitation.
b) Orders between $60,000 and $200,000 require City Manager approval, based on an attempt to obtain at least three informal bids.
c) Orders over $200,000 require City Council approval, after a formal bid solicitation process.
Bid limits are periodically reviewed and subject to change.
Formal Bid Solicitation
Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both.
1) The city shall maintain a list of qualified contractors, identified according to categories of work. “Qualified contractors” are contractors licensed by the State to perform the subject work.
2) Minimum criteria for development and maintenance of the contractors list shall be pre- determined by the city. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids, unless the product or service is proprietary. All mailing of notices to contractors shall be completed not less than ten (10) calendar days before bids are due.
3) The city may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in PCC Section 22036.
The California Uniform Construction Cost Accounting Commission shall determine, on a county- by-county basis, the appropriate construction trade journals which shall receive mailed, faxed, or emailed notice of all informal and formal construction contracts being bid for work within the specified county.
The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.
Best Value Procurement
Best value procurement is a procurement process for construction services whereby a contractor is selected based on objective criteria to determine the best combination of price and qualifications. The City Manager, or designee, is authorized to solicit for Public Works Projects estimated to cost more than or equal to $250,000 using a best value process under the following conditions:
A. Selection Process and Criteria.
The city shall advertise for competitive best value bids in accordance with the procedures and requirements set forth above. Bidders shall either be pre-qualified or specified minimum qualification criteria that all bidders must meet will be included in the bid specifications. Best value bids shall include both cost and qualitative information.
Best value specifications shall include, but not be limited to:
1) Criteria that the city will consider in evaluating bids. 2) The methodology and rating/weighting system that will be used to evaluate bids. 3) The relative importance or weight assigned to each criterion.
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The city shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents. The selection criteria used to evaluate the bidder qualifications may include, but is not limited to, the following:
a. Safety record: The prior history concerning the safe performance of construction contracts.
b. Past performance: The satisfactory performance on prior city contracts. c. Labor compliance: The ability to comply with, and past performance compliance with, contract and statutory requirements for the payment of wages and qualifications of the workforce.
d. Project agreements: Participation in Project Labor Agreements and/or Community Workforce Agreements favorable to the city.
e. Demonstrated management competence: The experience, competency, capability, and capacity of the specific project's proposed management staffing to timely complete projects similar in size, scope, or complexity to the project under consideration.
f. Financial condition: The financial resources needed to perform the contract. At a minimum, the criteria shall include a bidder's capacity to obtain all required bonds and insurance.
g. Project cost: The total direct and indirect project costs; including labor, materials, equipment, overhead and profit.
h. Relevant experience: The experience, competency, capability, and capacity to timely complete projects of similar size, scope, or complexity.
B. Final Selection and Award.
The City may recommend awarding a contract to the responsible bidder whose responsive bid provides the best value to the city. If award to the apparent best value bidder is not made for any reason, the City may recommend the award of a contract to the next lowest best value bidder, and so on. The City may further reject all bids or rebid the requirement under revised specifications.
The City Council retains the sole authority for approval and award of all Best Value Procurements.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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 Ordinance No. 1241 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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Exhibit B
Formal Bid Limits
Agency Name Formal Bid
Limit Agency Name Formal Bid
Limit
Burlingame* $100,000 Santa Clara $100,000
Fremont $100,000 Santa Cruz $100,000
Gilroy $100,000
($35,000 - Public Works) San Juan Bautista* $50,000
Lancaster* $125,000 Seaside* $25,000
Marina $25,000 Stockton $75,000
Martinez* $100,000 Sunnyvale $100,000
Milpitas* $100,000 Watsonville* $100,000
Morgan Hill* $60,000 Sacramento County* $100,000
Redwood City $100,000 San Diego County $100,000
Sacramento $100,000 San Joaquin County* $200,000
San Bruno* $75,000 San Mateo County* $100,000
San Carlos* $75,000 Santa Clara County* $100,000
San Diego $200,000 California Schools &
Community Colleges $109,300
San Mateo $100,000 Federal
(Simplified Acquisition Threshold) $250,000
*Agencies that have adopted the California Uniform Public Construction Cost Accounting Act.
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9 Community Workforce Agreement
for the City of Hollister
1 COMMUNITY WORKFORCE AGREEMENT
FOR THE CITY OF HOLLISTER
INTRODUCTION/FINDINGS
This Community Workforce Agreement is entered into this ____ day of _____________, 20____, by and between the City of Hollister (hereinafter the “City”), together with its contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum A) (hereinafter the “Contractor(s)/ Employer(s)”), and the Santa Clara and San Benito Counties Building and Construction Trades Council (hereinafter the “Council”) and the local Unions that have executed this Agreement (referred to collectively herein as the “Union(s)”).
The purpose of this Agreement is to promote the efficiency of construction operations through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) covered by this Agreement.
WHEREAS, the timely and successful completion of the Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on the Project and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist; and WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Project if Union and non-union workers of different E.2.c
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2 employers were to work side by side on the Project, potentially leading to labor disputes that could delay completion of the Project; and
WHEREAS, the parties to this Agreement place a high priority upon the development of programs for the recruitment, training and employment of local area residents and military veterans, and recognize the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the contract(s) for construction work on the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Project;
NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:
ARTICLE I
DEFINITIONS
“Agreement” means this Community Workforce Agreement.
“Agreement to be Bound” means the agreement (attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.
“City” means the City of Hollister, California and its governing board, officers, agents and employees, including managerial personnel.
“Completion” means that point at which there is Final Acceptance by the City of a Construction Contract and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.
“Construction Contract” means the public works or improvement contract(s) (including design-bid, design-build, lease-leaseback or other contracts under which construction of the Project is done) awarded by the City that are necessary to complete the Project.
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3 "Contractor(s)/Employer(s)" or "Contractor(s)" or "Employer(s)" means any individual, firm, partnership or corporation (including the prime contractor, general contractor, construction manager, project manager, design-build entity, lease-leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, and all contractors and subcontractors of any tier. “Council” means the Santa Clara and San Benito Counties Building and Construction Trades Council.
“Master Agreement” or “Schedule A” means the Master Collective Bargaining Agreement of each craft Union signatory hereto.
“Project” means all City projects where either the engineer’s estimate of the total cost of the project or the actual cumulative bid amount(s) submitted by the contractor(s) awarded the Construction Contract(s) for the Project, exceeds two hundred and fifty thousand dollars ($250,000) or, if the City has opted into the Uniform Public Construction Cost Accounting Act (Public Contract Code § 22032), the threshold after which a formal bidding procedure is required, whichever is higher. All Construction Contracts required to complete an integrated Project shall be considered in determining whether the threshold herein is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein.
“Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on the Project and the implementation of this Agreement. “Union” or “Unions” means the Santa Clara and San Benito Counties Building and Construction Trades Council and the Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.
ARTICLE II
SCOPE OF AGREEMENT
2.1 Parties: This Agreement applies and is limited to all Contractors/Employers performing work under a Construction Contract on the Project (including subcontractors at any tier) and their successors and assigns, the City, the Council, and the Unions signatory to this Agreement.
2.2 Applicability: This Agreement governs all Construction Contracts awarded on the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.
2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, E.2.c
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4 painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, landscaping and temporary fencing, temporary HVAC, geotechnical and exploratory drilling, soils and materials testing and inspection, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start-up, modular furniture installation, and final clean-up. This Agreement covers work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project.
2.3.1 This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project performed after Completion, unless performed by City employees.
2.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).
2.3.3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, this Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.
2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XIII and XIV of this Agreement shall apply to such work.
2.4 Exclusions: The following shall be excluded from the scope of this Agreement.
2.4.1 This Agreement shall not apply to work performed by the City’s own employees as permitted by the Public Contract Code.
2.4.2 This Agreement shall not apply to a Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman, unless covered by a Master Agreement.
2.4.3 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, E.2.c
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5 city, or other governmental bodies or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.
Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.
2.4.4 This Agreement shall not apply to the off-site maintenance of leased equipment and on-site supervision of such work.
2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of a Construction Contract under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project. The City shall provide a copy of all such invitations to bid to the Council at the time of issuance.
ARTICLE III
EFFECT OF AGREEMENT
3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.
3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.
3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.
3.4 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.
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6 3.5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.
3.6 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply.
ARTICLE IV
WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:
4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other City facility because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.
4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.
4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.
4.1.4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business day’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers’ or their subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its E.2.c
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7 fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.
4.1.5 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for the unauthorized acts of employees it represents.
4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.
4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.
4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.
4.2.4 The sole issue at the hearing shall be whether or not a violation of Section
4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until E.2.c
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8 such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.
4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.
4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.
4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.
4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
ARTICLE V
PRE-JOB CONFERENCES
5.1 Timing: The Project Manager shall convene and conduct, at a location and time mutually agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least fourteen (14) calendar days prior to:
(a) The commencement of any Project work, and
(b) The commencement of Project work on any subsequently awarded Construction Contract.
5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.
5.3 The pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;
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9 (e) The estimated start and completion dates of the work; and (f) Discussion of pre-fabricated materials.
5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Council shall establish a Joint Administrative Committee comprised of an equal number of representatives from the City and the Council. The Joint Administrative Committee shall meet as needed during the term of construction, at least annually, to assess the implementation of this Agreement, review the progress of the Projects, and facilitate harmonious relations between the parties. Both the City and the Council shall have the right to call a meeting of the Joint Administrative Committee.
ARTICLE VI
NO DISCRIMINATION
6.1 The Contractors/Employers and the Unions agree to comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on the Project.
ARTICLE VII
UNION SECURITY
7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.
7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.
7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project.
ARTICLE VIII
REFERRAL
8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) E.2.c
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10 shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.
8.2 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.
8.3 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) to perform Covered Work on the Project pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately refer such worker(s) to the appropriate Union to satisfy the requirements of Article VII of this Agreement.
ARTICLE IX
WAGES AND BENEFITS
9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s).
9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).
9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.
9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.
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11 ARTICLE X
APPRENTICES
10.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.
10.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.
10.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.
10.4 In order to increase apprenticeship opportunities for traditionally underrepresented and targeted workers, the parties shall comply with the Targeted Hire Addendum attached hereto as Addendum B.
ARTICLE XI
HELMETS TO HARDHATS
11.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.
11.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
ARTICLE XII
COMPLIANCE
12.1 It shall be the res ponsibility of the Contractors /Employers and Unions to investigate and monitor compliance with the provisions of Article IX of this Agreement .
Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City shall monitor and enforce the Contractors/Employers’ compliance with state prevailing wage requirements as well as this Agreement.
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12 ARTICLE XIII
GRIEVANCE ARBITRATION PROCEDURE
13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIV, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.
13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.
13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.
13.4 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.
Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.
Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the E.2.c
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13 list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.
1. William Riker
2. Carol Vendrillo
3. Morris Davis
13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.
13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.
13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.
13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail.
The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.
13.9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
ARTICLE XIV
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
14.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.
14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades E.2.c
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14 Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.
14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.
14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.
14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.
ARTICLE XV
MANAGEMENT RIGHTS
15.1 Consistent with the Schedule A agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.
ARTICLE XVI
DRUG AND ALCOHOL TESTING
16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.
16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.
ARTICLE XVII
SAVINGS CLAUSE
17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is E.2.c
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15 determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.
17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.
17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.
ARTICLE XIX
TERM
18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project.
18.2 This Agreement shall apply until the Completion of each Project in accordance with Sections 1.4 and 2.2.
18.3 This Agreement shall become effective on the day it is executed by the City and the Council. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Council shall meet to discuss proposed changes, if any, to the Agreement. Absent changes, the Agreement will roll over for an additional five (5) years.
ARTICLE XVII
MISCELLANEOUS PROVISIONS
19.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.
19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.
19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.
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16 19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.
CITY OF HOLLISTER
By:
Name/Title: __________________________
Date:
SANTA CLARA AND SAN BENITO COUNTIES
BUILDING AND CONSTRUCTION TRADES
COUNCIL
By:
Name/Title: __________________________
Date:
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17 UNION SIGNATORIES
___________________________________
Boilermakers Local 549
___________________________________
Bricklayers and Allied Craftworkers Local 3
___________________________________
Cement Masons Local 400
___________________________________
Electrical Workers Local 332
___________________________________
Elevator Constructors Local 8
___________________________________
Insulators and Asbestos Workers Local 16
___________________________________
Iron Workers Local 377
___________________________________
Northern California District Council of
Laborers on behalf of LIUNA, Local 270
___________________________________
Northern California District Council of
Laborers on behalf of LIUNA, Local 67
___________________________________
Operating Engineers Local 3
___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions
___________________________________
Plasterers Local 300
___________________________________
Roofers and Waterproofers Local 95
___________________________________
Sheet Metal Workers Local 104
___________________________________
Sign and Display Local 510
___________________________________
Teamsters Local 853
___________________________________
United Association,
Plumbers and Steamfitters Local 393
___________________________________
United Association,
Sprinkler Fitters Local 483
___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355
___________________________________
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18 Addendum A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Hollister Community Workforce Agreement
Agreement to be Bound
Dear ________________:
The undersigned confirms that it agrees to be a party to and bound by the City of Hollister Community Workforce Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section
9.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).
The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________
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19 Addendum B
TARGETED HIRE ADDENDUM
Purpose. The Parties to the Community Workforce Agreement for the City of Hollister (“Agreement”) recognize the need to increase training and career opportunities for underrepresented and targeted individuals in the construction trades through apprenticeship and pre-apprenticeship programs, and to develop a pipeline to ensure the continued availability of skilled, qualified, and readily available construction workers for future construction projects.
Additionally, the Santa Clara and San Benito Counties Building and Construction Trades Council (“Council”) is signatory, with other parties, to the Santa Clara County Construction Careers Collaborative Memorandum of Understanding (“MOU”), which established a pre- apprenticeship program in Santa Clara County that serves as a pipeline into the construction trades for youth and job-seekers.
Additionally, in order to increase construction career opportunities for individuals presently underrepresented in the building trades, the Parties to the Agreement agree to exert their best efforts to recruit, refer, and employ Targeted Workers as apprentices, and to cooperate with the Community Workforce Coordinator to maximize the employment of Targeted Workers on projects covered by the Agreement (“Covered Projects”).
The Parties to the Agreement therefore enter into this Targeted Hire Agreement to participate in the community workforce pipeline as set forth in the MOU, in furtherance of the above-stated purpose.
I. Definitions.
All capitalized terms not defined in this Targeted Hire Agreement are as defined in the Agreement.
Approved Pre-Apprenticeship Program. An Approved Pre-Apprenticeship Program means the Santa Clara County Trades Orientation Program or an equivalent structured, MC-3 certified career training and placement program or Union-sponsored program, that:
(1) serves Underrepresented Workers, and (2) is sponsored by a Council-approved community-based organization, a Council affiliate, the Council itself, the California State Building and Construction Trades Council, or North America’s Building Trades Unions (“NABTU”).
Community Workforce Coordinator. Community Workforce Coordinator means the Santa Clara County Trades Orientation Program, or another entity as determined by mutual written agreement between the Council and the City. The Community Workforce Coordinator is responsible for maintaining an up-to-date list of Targeted Workers who are available for work and their current contact information, and will provide this list to any of the Parties upon request.
Participating Contractor. Participating Contractor means a contractor of any tier that performs $250,000 or more of Covered Work (as that term is defined in Section 2.3 of the E.2.c
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20 Agreement) on a Covered Project. A Participating Contractor is subject to the Workforce Goal set forth in Section II below. If a contractor performs less than $250,000 of Covered Work on a Covered Project, that contractor is not subject to the Workforce Goal, but may nonetheless participate voluntarily in the Workforce Goal.
Targeted Worker. Targeted Worker means an individual who has completed an Approved Pre-Apprenticeship Program.
Underrepresented Worker. An Underrepresented Worker is an individual who, prior to commencing work on a Covered Project, has at least one of the following barriers to employment:
• Veteran of the U.S. military;
• Currently receiving public assistance;
• Emancipated from the foster care system;
• Participating in a re-entry program or formerly incarcerated; • Homeless, recently housed (within the past twelve months), or at risk of losing their housing;
• Continuously unemployed for the previous one year;
• Has family or household income below the current HUD threshold for Low Income Households in Santa Clara County;
• A survivor of labor trafficking; or
• An At-Risk Youth.
At-Risk Youth means a person between 18 and 24 years old that is either: 1) disconnected from school and/or work; 2) currently or formerly justice engaged; 3) in the foster care system; 4) pregnant/parenting; or 5) homeless.
II. Workforce Goal. The Parties have a goal of employing Targeted Worker(s) as Apprentices on all Covered Projects to the maximum extent allowable under applicable hiring hall procedures, Master Agreement(s), and apprenticeship program standards, for at least twenty-five percent (25%) of each Participating Contractor’s apprentice hours on a Covered Project. In meeting this goal, priority shall be given to the employment of First Year Apprentices, subject to the needs of the Project.
a) Nothing herein requires a Participating Contractor either to hire a particular individual or to retain a particular individual in employment. Any individual referred to a Covered Contractor shall be hired and employed at the Participating Contractor’s discretion.
b) A Participating Contractor will receive credit toward the Workforce Goal for hours performed by a Targeted Worker assigned to work on a Covered Project or on another jobsite at the employer’s discretion, provided the worker is assigned to the same job classification that would apply to the Targeted Worker on a Covered Project.
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21 c) Participating Contractors shall properly supervise and pay all apprentices in accordance with the Master Agreements.
d) Participating Contractors will provide, upon request, certified payroll records and/or records of hours worked by Targeted Workers to the General Contractor (or equivalent), the City, the Council, the Unions, or the Community Workforce Coordinator.
e) Participating Contractors will retain documentation sufficient to demonstrate that they requested a sufficient number of Targeted Worker apprentices to satisfy the Workforce Goal.
f) Community Workforce Coordinator Obligations. The Community Workforce Coordinator will, upon request, refer the names of qualified, available, and willing Targeted Workers to the City, the Council, the Unions and Participating Contractors.
The Community Workforce Coordinator will also work with the City to facilitate outreach events.
g) Union Obligations. To the maximum extent allowable, consistent with the applicable hiring hall procedures, Master Agreement(s), and apprenticeship program standards, the Unions shall:
• Refer Targeted Workers as apprentices to Participating Contractors; • Cooperate with the City and community-based organizations designated by mutual agreement of the City and the Council in conducting outreach to recruit and refer Underrepresented Worker applicants to Approved Pre- Apprenticeship Programs for which they are qualified or qualifiable; • Cooperate with the Community Workforce Coordinator and Participating Contractors in order to satisfy the requirements of this Targeted Hire Agreement; and
• Facilitate, encourage, and assist Targeted Worker apprentices in their progress and success in joint labor/management apprenticeship programs.
III. Satisfying Workforce Goal. A Participating Contractor meets its obligations under this Targeted Hire Agreement by complying with both of the following:
(a) Prior to commencing work on the Covered Project, submitting a Targeted Hiring Form to the Community Workforce Coordinator and the Santa Clara and San Benito Counties Building and Construction Trades Council; and
(b) Making best efforts to employ Targeted Workers on all Covered Projects for a least twenty-five percent (25%) of apprentice hours (or equivalent work on another jobsite, provided the apprentice is assigned to the same job classification the apprentice would have been assigned to on the Covered Project). Best faith efforts shall include, at a minimum:
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22 1) Requesting a list of available and qualified Targeted Workers from the Community Workforce Coordinator prior to hiring for Covered Project work; and either
2) Sponsoring a Targeted Worker into a Union apprenticeship program and employing that Targeted Worker on a Covered Project, if sponsorship is available; or
3) Requesting that the applicable Union(s) provide qualified and available Targeted Workers for employment consideration in a number sufficient to meet the Workforce Goal under Section II.
IV. Consequences of Non-Compliance. The Joint Administrative Committee (“JAC”) established by the Agreement shall consider allegations of non-compliance with this Targeted Hire Agreement. If there is a determination by the JAC that a Party failed to meet its obligations hereunder, the issue will be referred to the grievance procedure as provided in Article 13 of the Agreement. At any time during the process of compliance review, the JAC shall have the authority to reach a resolution with the Participating Contractor.
V. Implementation. The JAC shall help monitor and implement this Targeted Hire Agreement.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 31, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Development Services
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-221, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER DENYING AN APPEAL FILED BY THE SAN BENITO HIGH
SCHOOL DISTRICT AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION
APPROVING A MITIGATED NEGATIVE DECLARATION AND SITE AND ARCHITECTURAL REVIEW 2021-11 FOR A MIXED-USE DEVELOPMENT WITH 157 DWELLING UNITS AND 3,750 SQUARE FEET OF COMMERCIAL SPACE (LAITH AGHA) LOCATED AT 1550 SAN JUAN ROAD (APN 052-090-008)
BRIEF DESCRIPTION: The San Benito High School District has filed an appeal of the Planning Commission’s decision to approved a Mitigated Negative Declaration and Site and Architectural Review 2021-11 and the Planning Commission’s recommendation that the City Council approve Density Bonus 2023-2 for a mixed-use development located at 1550 San Juan Road.
RECOMMENDATION: Deny the appeal and uphold the Planning Commission’s approval of a Mitigated Negative Declaration and Site and Architectural Review 2021-11.
DEPARTMENT SUMMARY:
On September 15, 2023, the San Benito High School District (hereafter SBHSD) submitted a timely appeal, in accordance with the requirements of the Zoning Ordinance, of the Planning Commission’s decision to approve a Mitigated Negative Declaration and Site and Architectural Review 2021-11 and a recommendation that the City Council approve Density Bonus 2023-2 for a mixed-use project located at 1550 San Juan Road.
BACKGROUND:
The approved project is a mixed-use development with 157 multi-family dwelling units and 3,750 square feet of commercial space on a 5.54-acre parcel located at 1550 San Juan Road. The parcel has a General Plan Land Use Designation of Mixed-Use (which allows 20 to 35 dwelling units per acre plus commercial) and is located in the West Gateway (WG) Zoning District.
The proposed project is located at 1550 San Juan Road. The site is bordered by San Juan Road/Fourth Street and residential dwellings to the North, Sunnyslope water treatment facility to the South, vehicle storage to the West, and the Stop in Shop gas station and convenience store and the Mission Oaks mobile home park to the East. The site is currently vacant with one small abandoned accessory structure. A mixed-use development is currently under review for the vacant parcel to the North (at Graff Road and San Juan Road). The location of the project site is shown below:
Figure 1: Project Site and the Surrounding Area
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Details regarding the mixed-use project can be found in the August 31, 2023 Planning Commission Staff Report included as Attachment 2.
The project was routed to the San Benito High School District as part of the City’s Development Review Committee (DRC) review of the project on February 24, 2023. No comments were received from the High School District regarding the proposed project.
The Mitigated Negative Declaration which evaluated the potential impacts of the project was circulated for a 30-day public review period, in accordance with the requirements of the California Environmental Quality Act (CEQA) from July 21, 2023 – August 21, 2023. A notice was published in the Freelance, a newspaper of general circulation, on July 21, 2023, was transmitted to and posted on the State Clearinghouse’s website, and transmitted to interested parties as required. The City received one comment letter during this period. A comment letter was submitted by the San Benito High School District on August 21, 2023. Although not required under CEQA, a Response to Comments was prepared to address the comment letter.
A public hearing notice was then mailed and published in the Freelance ten (10) days prior to the Planning Commission as required by state law. At the October 16, 2023 City Council meeting, the item was continued to the City Council meeting on November 6, 2023.
On August 31, 2023, the Planning Commission reviewed the project during a noticed public hearing. The Planning Commission considered the project, reviewed the City Staff report, and received written and oral testimony for and against the proposal during the meeting. During the public hearing four people spoke regarding the project and spoke in favor of the project. The Planning Commission meeting can be viewed on the City’s YouTube Channel at https://www.youtube.com/watch?v=vfD8oWoDXHg (starting at minute 29). After closing the public hearing and deliberating on the project, the Planning Commission adopted Resolution No. 2023-20 approving the Mitigated Negative Declaration (Attachment 3), Resolution No. 2023- 21 approving Site and Architectural Review 2021-11 (Attachment 4), and Resolution No. 2023- 22 recommending City Council approval of Density Bonus 2023-2 (Attachment 5) by unanimous vote.
Project Site
San Juan Rd.
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Following the filing of the appeal and the SBHSD’s request for a cure and correct of the Planning Commission’s recommendation on the Density Bonus, the Planning Commission reviewed the Density Bonus during a public hearing on September 28, 2023 and adopted Resolution 2023-31 (Attachment 6), reaffirming their decision to adopt a Resolution recommending City Council approval of a Density Bonus.
APPEAL ANALYSIS:
The Appeal filed by SBHSD includes several reasons for filing the appeal (Attachment 1). In order to assist the City Council, Staff has broken up the discussion of the appeal into the main appeal points made by the Appellant and Staff has prepared a summary response. For further detail, please refer to the Appeal Form submitted on September 15, 2023 including all attachments to the Form.
Appeal Point 1: “All of the grounds raised in the Districts August 21, 2023, Comment Letter and the exhibits thereto, attached to this Appeal Form and Incorporated herein by reference.”
The Appellant has included many points within the letter dated August 21, 2023. Staff has included a summary heading of each concern within this letter and a summary response. Please refer to the August 21, 2023 letter for a complete explanation of the concerns of the SBHSD.
This letter is same letter as the letter provided to Staff during the public review period of the Mitigated Negative Declaration.
The Mitigated Negative Declaration is included as Exhibit A of Attachment 3 and the Responses to Comments is included as Exhibit B of Attachment 3 to this staff report.
Appeal Point 1A - General Comments (please see pages 2-3 of the August 21, 2023 letter for more detail).
Staff’s Response: The SBHSD makes references to the current and cumulative impacts of residential growth in the City and discusses overcrowding at the school. These concerns are not related to the project located at 1550 San Juan Road and are instead an overall comment regarding growth in the City will is not applicable to this specific project.
Growth in the City is guided by the current General Plan. This site was designated for mixed - use in the 2005 General Plan. The 2005 General Plan designed this site as West Gateway and allowed 20 to 35 dwelling units per acre plus commercial space to be constructed.
The project was routed to the San Benito High School District as part of the City’s Development Review Committee (DRC) review of the project on February 24, 2023. No comments were received from the High School District regarding the proposed project.
The Appellant further questions whether or not this project is consistent with the requirements of the draft 2040 General Plan, the draft Climate Action Plan, and the draft Agricultural Preservation Program. These documents are in draft form and are not adopted at this time. The City cannot impose requirements or policies on a project which have not been adopted.
Therefore, the project is only required to follow the requirements of the 2005 General Plan and the Municipal Code.
Appeal Point 1B - Notice of Availability (Please see pages 3-4 of the August 21, 2023 letter for more detail).
Staff’s Response: The Appellant contends that the Notice of Availability was inconsistent with CEQA and the State CEQA Guidelines. A Notice of Availability (NOA) was m ailed to all E.3
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interested parties and responsible agencies – including the San Benito High School District - property owners within 300 feet of the project, and was posted with the State Clearinghouse as required by Section 15073 of the State CEQA Guidelines. The NOA identified the 30-day public review period for comments (July 21, 2023 through August 21, 2023). The NOA (Attachment 7) included all of the following required by the State CEQA Guidelines Section 15072:
“(a) A notice of intent to adopt a negative declaration or mitigated negative declaration shall specify the following:
(1) A brief description of the proposed project and its location. (2) The starting and ending dates for the review period during which the lead agency will receive comments on the proposed negative declaration or mitigated negative declaration. This shall include starting and ending dates for the review period. If the review period has been shortened pursuant to Section 15105, the notice shall include a statement to that effect.
(3) The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project, when known to the lead agency at the time of notice.
(4) The address or addresses where copies of the proposed negative declaration or mitigated negative declaration including the revisions developed under Section 15070(b) and all documents incorporated by reference in the proposed negative declaration or mitigated negative declaration are available for review. This location or locations shall be readily accessible to the public during the lead agency‘s normal working hours.
(5) The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that section. (6) Other information specifically required by statute or regulation for a particular project or type of project.”
As required, the NOA clearly identifies the project by the Site and Architectural Review file number; states that the City intends to adopt a MND; clearly identifies the address of the project, as well as the Assessor Parcel Number (APN), Zoning District and general plan land use designation. The NOA identifies the location where the project plans including the MND can be reviewed and invites anyone to email their comments or mail comments to either of the addresses noted on the NOA. The wording of the NOA and all information contained within the NOA is consistent with the State CEQA Guidelines.
Because the meeting date was not known at the time of the publication and distribution of the NOA, the City noted that “The Planning Commission will review…during a future, publicly noticed, meeting.” Section 15072(g)(3) only requires the date and time of the hearing “when known to the lead agency at the time of notice.” As required by State Law, a subsequent notice which included the project description, date, location and time of the Planning Commission meeting was mailed to all property owners within 300 feet of the project and all interested parties who requested a notice and was published in the Freelance ten (10) days prior to the meeting as required by State Law.
The Appellant’s contention that the project description in the MND is inconsistent with the NOA is untrue. The NOA identifies the project by City file number, includes a brief description of the proposed project which includes the total number of dwelling units (157), total square footage of the commercial space (3,750 square feet), and the size of the project area (5.54 acres), as well as the address and APN of the site. The MND does refer to the informal name of the project as “San Juan Apartments” but also includes the information noted above (see page 2 of the MND).
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The assertion that based on minor wording changes and additional details on some of the notices changes the scope of the project or is confusing is incorrect. In all notices, the address is clearly noted and the notice clearly notes the number of dwelling units and size of the commercial space and the acreage of the site. All impacts generated by a project are studied based on project site, the use, and the development potential of the site. The Notice provides adequate information to inform the public of the project’s development capacity, address of the project, and the availability of a CEQA document. The project studied in the MND is the same as the project described in all notices for the project.
The MND adequately describes the proposed project under review. A brief project description is included on page 2 of the Mitigated Negative Declaration and is further discussed in detail throughout the MND.
The project is required to comply with the provisions for layout and safety of the entrance/exit with the West Gateway Beautification Plan. A Development Agreement or Access Agreement with the City is not required for this project. In order to ensure that the entrance/exit lines up with the driveway across the street, the Applicant suggested that the driveway across the street be moved to line up with the entrance/exit to 1550 San Juan Road. In order to accomplish this, the property owner is required to enter into an agreement with the northern property owner to move their driveway. The City is not a party to this agreement. A Mitigation Measure is included in the MND to ensure safe and adequate circulation as noted in the West Gateway Beautification Plan.
If the Applicant is unable to do so, the project cannot be constructed as proposed. The City is not a party to any agreements between 1550 San Juan Road and surrounding property owners and therefore there are no additional approvals required for the project (beyond the MND, S&A and DB).
Appeal Point 1C - Project Description (please see pages 4-5 of the August 21, 2023 letter for more detail).
Staff’s Response: Please refer to Staff’s discussion of the project description in the NOA and the MND under Appeal Point 1B for Staff’s response to the points made in this Section which are similar to the objections raised under ‘Notice of Availability.’
The Appellant questions the background information and environmental setting noted in the MND. Background information is provided on pages 3-7 and further detail is provided throughout the MND and in the Technical Appendices. The MND contains all information required by the CEQA Guidelines. Section 15360 of the CEQA Guidelines as noted by the Applicant is a definition for “Environment” and the MND is compliant with this definition. Section 15125 references the Environmental Setting that needs to be discussed within an Environmental Impact Report which is not relevant to the MND.
Please note that a Density Bonus request in and of itself does not require review under CEQA.
In this case the Density Bonus request is for the waiver of sewer and storm drainage fees for the provision of affordable units. The Density Bonus request requires approval by the City Council only (due to the request for the waiver of impact fees) and did not request a waiver of development standards or an increase in density for the site. Should the City Council deny the Density Bonus request, the project can still be constructed as proposed.
Appeal Point 1D - Public Services (please see pages 5-8 of the August 21, 2023 letter for more detail).
Staff’s Response: The Applicant contends that this project will result in a significant impact to the high school due to the current capacity/overcrowding of the high school. Updated information regarding employees and enrollment within SBHSD provided in the August 21, 2023 E.3
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letter was noted for the record. This updated information and clarification did not affect the findings and conclusions of the Mitigated Negative Declaration. As noted above, CEQA requires a lead agency to consider the physical environmental consequences of a project, such as the physical construction of facilities. The Initial Study discloses that the project could affect the capacity of existing school facilities. The treatment and analysis of school facilities in the Initial Study is consistent with CEQA standards because there is a mechanism in place to collect impact fees to be used toward the construction of new facilities. The Mitigated Negative Declaration concludes:
“While the proposed project would increase the student population in the City, which in turn could affect the capacity of existing school facilities, Section 65995(h) of the California Government Code has been adopted by the state to mitigate any school facilities impacts.
Section 65995(h) states that the payment of statutory fees ‘is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities.’ For this reason, development of the project would have a less than significant impact related to school facilities. New facilities, if and when required by the school districts, would be developed and analyzed independent of this project review.”
The Appellant further references a request from the SBHSD to the City requesting documentation on residential projects likely to be constructed within five years. The City has responded to the High School District and has noted that the City cannot determine when and if any residential project will actually be constructed. Future development potential of the City is listed in the General Plan and in each housing element update. The City has also provided information on residential building permits issued during various time periods, as well as provided recent General Plan and Housing Element Annual Progress Reports to the SBHSD to help inform them of recent construction trends.
Under a separate request, the SBHSD has requested copies of all Building Permits issued by the City in the last five years, which the City is currently working on providing. This information is not readily available as the City does not currently have a permitting system in place (the City Council has approved funding and a system should be in place in the next 6-9 months) and requires the City to review every record available by hand. The Appellant’s characterization of the City’s requirement to provide information regarding the future construction is a misrepresentation of Government Code Sections 65995.5 and 65995.6. This provision of this information is not relevant to the project.
The Appellant further makes reference to overcrowding of schools and the burden of new development within the city on the school district. Development of this site was identified in the 2005 General Plan. The 2005 General Plan designated the site as West Gateway and allowed a density of 20-35 dwelling units per gross acre which would allow 111-194 dwelling units to be constructed on this site. Development of the site is further identified by APN Number and size of the site in Appendix B, Table B-2 and the development potential is noted. This number was used to study impacts, including cumulative impacts in the 2005 General Plan EIR. Subsequent projects within the City, which require CEQA review, note the development potential of this site when relying on the 2005 General Plan EIR. The Applicant for the proposed project is not requesting a rezone or any other modification to increase density on the site.
Furthermore, the proposed project has 37 fewer units than the maximum number of units allowed under the 2005 General Plan and current zoning. The City cannot force the School District to construct facilities. Issues raised by the SBHSD are speculative and the Appellant has not provided details on how this project, which has been identified for residential development E.3
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for almost 20 years, will cause overcrowding beyond what has already been identified and could have been planned for by the district.
Appeal Point 1E - Cumulative Impacts (please see pages 8-12 of the August 21, 2023 letter for more detail)
Staff’s Response: The Appellant contends that the MND does not adequately consider cumulative impacts of residential growth. Cumulative effects are discussed on page 105 of the Initial Study. The analysis requirements under CEQA are explained and the rationale for the conclusions are provided. An individual project’s effects relative to the area-wide effects analyzed in an agency’s adopted General Plan and programmatic EIR is an appropriate method for evaluating cumulative effects within an Initial Study.
As discussed above The project proposes to construct 157 dwelling units which is within the allowed density of the General Plan (the project is 34 dwelling units under the maximum allowed). Appendix B, Table B-2 (Attachment 8) mentioned in the Letter is the Housing Element Sites Inventory of 2005. The Appellant has mischaracterized what the Table represents which shows the average number of dwelling units that are anticipated to be constructed per property within the West Gateway and also lists the maximum number of units that could be constructed on the property (194). Please note that this Table has been superseded by subsequent Housing Elements and the proposed project is 37 units below what is allowed by the General Plan and what is noted as the maximum in this Table. The project does not have a higher density than what is allowed or studied, as argued by the Appellant.
The Appellant further ascertains that the City enacted a growth cap that limits residential development to 244 dwelling units per year and this project is in violation of the growth restriction. While it is true that the City has not rescinded the growth cap, the City has been notified by the State that the cap must be rescinded and is not enforceable. The State of California has made the construction of housing a high priority in the state and has invalidated the use of strict growth control measures and has passed several bills to that effect.
The MND (page 79) details how the projected population was determined for the site. The small commercial use of 3,750 square feet is not likely to increase the population in the City because the City has more residential dwellings than commercial space and due to the small size of the commercial space. The population numbers take into account population projections and the General Plan.
The MND relies on the development potential identified in the 2005 General Plan and the 2005 General Plan EIR as well as approved projects in creating baseline and future projections. The 2005 General Plan EIR evaluated the development potential identified in the EIR based on the density for each land use designation. Furthermore, the General Plan includes several tables which list the development potential for each site identified for residential development in the General Plan. These numbers were used to prepare the 2005 General Plan EIR which is a programmatic EIR. In the case of a programmatic EIR, future projects which are not exempt from CEQA review (i.e. infill development on a site which is 5 acres or less) must prepare additional environmental review which relies on the impacts noted in the programmatic EIR as well as new site specific conditions (i.e. endangered species).
With regards to Air Quality, the Appellant is including a discussion of the existing setting as though it were an identified project impact to children’s health and schools, which it is not. A detailed discussion of the impacts associated with Air Quality is included on pages 17-34 and Air Quality Data is included as Appendix A to the MND. Based on the Air Quality Data and information contained within the MND, impacts related to air quality to all populations as a result of this project are less than significant. In response to the request for additional information E.3
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related to Air Quality, the analysis contained within the MND and included in the technical appendices provides this information.
Again the Appellant notes that reliance solely on information presented in the 2005 General Plan is inadequate to review the project. This is true and subsequent studies were prepared to review this specific project and are included in the Technical Appendices. As a programmatic EIR, data found in the EIR can also be used for background information. Technical data related to this project can be found within the appendices of the MND.
Despite what the Appellant contends, this project is not required to mitigate for future projects within the City. The project is only required to mitigate for impacts associated with this project.
Appeal Point 1F – Transportation and Circulation (please see pages 9-11 of the August 21, 2023 letter for more detail).
Staff’s Response: The Appellant has requested data related to the traffic impacts and counts and contends that the analysis included in the MND was inadequate. This information is contained within the Transportation Analysis Memo included as Appendix H of the Technical Appendices. The Transportation Analysis Memo was prepared by a qualified firm and uses best practices for analysis of transportation impacts related to a project. The Appellant assumes significant impacts related to transportation to the high school and in surrounding areas but provides no basis to support these arguments other than the opinion of the School District.
Please note that since the passage of SB 743 in 2018, CEQA and its implementing guidelines (CEQA Guidelines Section 15064.3) were significantly amended regarding the methods by which lead agencies are to valuate a project’s transportation impacts. As explained in the MND, CEQA now recognizes Vehicle Miles Travelled (VMT) as the metric for analyzing transportation impacts. Additional information provided in the MND regarding traffic operations and/or congestion is informational only, to help the City understand near term and cumulative conditions on the roadway network.
The MND provides a detailed analysis of impacts related to transportation and has found impacts related to the project to be less than significant with mitigation, specifically regarding the access to the site which will require the access point to line up with the driveway across the street pursuant to the project design (Mitigation Measure MMTRA-1). The Appellant is asking for information in the MND which would be beyond what is required under CEQA and in most cases speculative.
Roadway improvements in the area have been constructed and will be constructed in the future in accordance with the West Gateway Beautification Plan. Improvements are planned for and are constructed once certain development thresholds are achieved as noted by the City. The ultimate construction of the improvements relies on the future construction of development projects in the area and the threshold noted in the triggering analysis.
The Appellant argues that the City has not followed the Safe Routes to School Program in approving this project. The City does not have any policies related to the Safe Routes to School Program and the program was not submitted to the City for review as part of the appeal application. Additionally, the Appellant does not discuss any specific concerns related to this project. Furthermore, as part of the City’s DRC review of the project, the proposed project was routed to the San Benito High School District and the Hollister School District and no comments were received regarding the project.
Appeal Point 1G – Air Quality and Greenhouse Gas Emissions (please see page 11 of the August 21, 2023 letter for more information).
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Staff’s Response: The Appellant contends that the project will result in significant impacts related to air quality and greenhouse gases and questions why the project wasn’t evaluated for compliance with the City’s draft Climate Action Plan (CAP). While the Draft CAP has been circulated for review, the CAP was not adopted prior to approval of the project. The project is not required to comply with any requirements that are not in effect at the time of approval.
Air Quality impacts will not change as a result of the change in construction timelines.
Construction timelines often change due to the permitting process, delays in financing or other matters. If any impacts are anticipated based on a different start date, the MND would include mitigation measures as necessary.
This Section contains additional statements regarding transportation impacts. The questions raised here are answered under the Transportation Analysis on pages 86-93 and in Appendix H.
Again, the Appellant states that the project will have an impact on sensitive receptors which is not substantiated by the record and is discussed in detail in a prior section.
The Appellants statement that the project will result in a significant impact is not based on any information provided in the MND or the Technical Appendices and instead relies on speculation and the Appellant’s own opinion. The Appellant is making this determination based on their own opinion and is not based in any factual information submitted to the City. It is the City’s opinion and the determination of the City’s qualified CEQA preparer t hat the project will result in less than significant impacts based on all information contained in the record. Staff disagrees with the Appellant’s determination that the proposed project, which is consistent with the General Plan, would result in a significant impact.
Appeal Point 1G – Mandatory Findings of Significance (please see pages 11-12 of the August 21, 2023 letter for more detail)
Staff’s Response: The Appellant contends that the proposed project would result in significant impacts and these impacts were not adequately discussed in the MND. The MND was prepared in accordance with CEQA and the State CEQA Guidelines. As noted in the information contained within the MND and in the Technical Appendices, it is the opinion of the City that the project will result in less than significant impacts. The Appellant has not provided any data which refutes this. Furthermore, the Appellant has not provided information on how a project which conforms to the General Plan, was identified for residential development in the 2005 General Plan, and has 34 fewer dwelling units that what is identified in the General Plan will result in significant and unavoidable impacts.
Appeal Point 1H - Letter dated June 30, 2023 from the SBHSD and included in the Appeal Letter.
Staff’s Response: Included with the letter dated August 21, 2023, the Appellant included a copy of the letter submitted to the City with comments on the General Plan Update. These comments are not relevant to the proposed project because the 2040 General Plan, Climate Action Plan and Agricultural Lands Preservation Program have not been adopted and a project is not required to conform to any plans, laws or other codes which are not in effect at the time of the approval of the project. This letter is therefore irrelevant to the project that was approved.
However, the comments have been previously received and compiled for future consideration during any decision on the 2040 General Plan Update, Climate Action Plan, and Agricultural Lands Preservation Program to which they are relevant.
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Appeal Point 2 - “The Planning Commission’s failure to consider adequately the grounds raised in the District’s August 21, 2023, Comment Letter and the exhibits thereto.”
Staff’s Response: The project was reviewed by the Planning Commission during a noticed public hearing on August 31, 2023. The comment letter submitted by the SBHSD was included as an attachment to the Staff Report.
Although not required by CEQA, Staff prepared a Response to Comments (Exhibit B of Attachment 3) which was included as Exhibit B to Resolution No. 2023-20 approving the MND.
The response to Comments provided a response to the concerns raised in the August 21, 2023 letter.
the environmental review for the project including noting that one comment on the MND was received, that the comment letter was submitted by the San Benito High School District, and that Staff prepared a Response to Comments and included the Responses within the Resolution before the Planning Commission.
During Staff’s presentation, Staff discussed the MND and the submittal of the comment letter by the School District. During the public comment period, the SBHSD did not speak and no other speakers had comments regarding the MND.
Section 15074 of the State CEQA Guidelines outlines the procedures for the consideration of a MND. Section 15074(b) require the decision making body (the Planning Commission) to consider the MND and any comments received. The Section does not require the Planning Commission to discuss each comment received during the meeting. As discussed above, Staff prepared a written Response to Comments, included the MND together with the Response to Comments and the letter received from the High School as part of the Staff Report, identified the comments received within the text of the Staff Report, and noted that comments were received regarding the MND during the public hearing. When making the decision on the project, including the MND, the Planning Commission based their decision on the whole record before it, as required by CEQA Guidelines.
Appeal Point 3 - “The Planning Commission’s failure to agendize consideration of a recommendation to approve a Density Bonus, in violation of the Brown Act, among other legal requirements.”
Staff’s Response: When preparing the agenda for the proposed project, the Density Bonus request was inadvertently left off of the agenda. The matter was discussed in the Staff Report as well as during the public hearing. In order to correct this omission, the City Attorney brought the Density Bonus back to the Planning Commission on September 28, 2023 to ratify their decision to recommend approval of the Density Bonus.
During the public hearing on September 28, 2023 (where the Planning Commission ratified their decision to recommend approval of the Density Bonus), John Frusetta, Chief Business Officer for the San Benito High School District spoke on behalf of the School District. A letter and a Community Traffic Survey were submitted prior to the meeting. In speaking at the Planning Commission meeting, the High School restated objections to the project including the MND, raised concerns related to waiver of the sewer and storm impact fees, and objected to the Density Bonus due to overcrowding at the High School.
Density Bonuses are regulated by Government Code Section 65915 and Chapter 17.34, Density Bonuses. The state requires a City to offer an increase in allowable density and the E.3
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granting of incentives or concessions for projects which provide affordable housing in the amount prescribed.
For this project, the Applicant is only requesting a Density Bonus for one incentive. The incentive requested is for the waiver of sewer and storm drainage fees for the affordable units, and in accordance with Section 17.34.060(D) requires only City Council approval. Because the project was before the Planning Commission, Staff did include a recommendation of the Planning Commission even though it was not required. The recommendation of the Planning Commission is not appealable because no action was taken on the project. The Density Bonus request will be reviewed by the City Council during tonight’s meeting under a separate agenda item.
CONCLUSION:
The State of California has made the construction of housing a high priority across the state.
The project site is designated as West Gateway in the General Plan and the site has been planned for mixed-use development since 2005. The West Gateway allows the construction of 111 to 194 dwelling units on the site (or 20 to 35 dwelling units per acre). The project includes 157 multi-family dwelling units which will provide additional, necessary, multi-family units to the City. The commercial space will also provide commercial services to residents within the West Gateway. The proposed project conforms to the Municipal Code and the General Plan. A Mitigated Negative Declaration was prepared which determined that impacts related to the project would be less than significant with implementation of specific mitigation measures. The Planning Commission approved this project based on all information contained within the record which includes the MND, Technical Appendices, Staff Report, and project plans.
The MND adequately reviews the proposed project and provides all information and analysis included in Article 5, Preliminary Review of Projects and Conduct of Initial Study, and Article 6, Negative Declaration Process.
With regard to school impacts, CEQA requires a lead agency to consider the physical environmental consequences of a project, such as the physical construction of facilities. The MND discloses that the project could affect the capacity of existing school facilities. The treatment and analysis of school facilities in the Initial Study is consistent with CEQA standards because there is a mechanism in place to collect impact fees to be used toward the construction of new facilities.
Government Code Section 65995(h) states that the payment of statutory fees “is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities.” For this reason, development of the project would have a less than significant impact related to school facilities.
The Appellant has not provided proof or evidence which shows that the project will have a significant impact on the environment. Furthermore, the Appellant has failed to provide data or other evidence on how this 157 dwelling unit project, which complies with the 2005 General Plan and will have fewer units than identified in the General Plan, will significantly impact schools in the City, as the development potential of this site has been identified since 2005.
Furthermore, the proposed project was adequately reviewed by Staff and the City’s environmental consultant, noticed as required by State Law, and reviewed by the Planning Commission during a public hearing.
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Staff recommends that the City Council deny the Appeal of the San Benito High School District and uphold the Planning Commission decision to approve the project.
FINANCIAL IMPACT: $0
CITY COUNCIL OPTIONS:
The City Council can choose one of the following options:
1. Adopt a resolution denying appeal of the San Benito High School District and upholding the Planning Commission’s approval of the Mitigated Negative Declaration and Site and Architectural Review 2021-11, subject to the Conditions of Approval;
2. Adopt a resolution approving the appeal of the San Benito High School District and denying the Mitigated Negative Declaration and Site and Architectural Review 2021- 11;
3. Remand the project back to the Planning Commission for further discussion; or
4. Continue the hearing and direct Staff to provide additional information or clarification.
Staff recommends the Planning Commission select Option 1 for this Item.
ATTACHMENTS:
1. 1. Appeal to City Council_1550 San Juan Rd
2. 2. PC Staff Report 1550 San Juan
3. 3A. Exhibit A - Part 1 - Mitigated Negative Declaration
4. 3A. Exhibit A - Part 2 - Technical Appendicies
5. 3A. Exhibit A - Part 2b - Technical Appendicies
6. 3B. Exhibit B Responses to Comments
7. 3C. Exhibit C - Mitigation Monitoring and Reporting Program (MMRP)
8. 3. PC Reso Approving MND
9. 4. PC Approv S&A 2023-11
10. 4A. Exhibit A - Project Plans 1550 San Juan
11. 5. PC Reccomend Approval of Density Bonus
12. 6. PC Reso Ratifying DB 2023-2
13. 7. Newspaper Proof of NOA
14. 8. Table B-2
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DENYING AN
APPEAL FILED BY THE SAN BENITO HIGH SCHOOL DISTRICT AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION APPROVING A MITIGATED NEGATIVE DECLARATION AND SITE AND ARCHITECTURAL REVIEW 2021-11 FOR A MIXED-USE DEVELOPMENT WITH 157 DWELLING UNITS AND 3,750 SQUARE FEET OF COMMERCIAL 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; and
WHEREAS, the City prepared an Initial Study for the proposed project consistent with the California Environmental Quality Act (CEQA) Guidelines Section 15063 and determined further review under CEQA was required in order to analyze potential impacts related to the project; and
WHEREAS, based on the Initial Study, Kimley-Horn, the City’s environmental consultant, prepared a Mitigated Negative Declaration dated July 2023 and incorporated herein by reference, which reflected the independent judgment of the City and the City’s environmental consultant and analysis of the potential environmental impacts of the project; and
WHEREAS, the Mitigated Negative Declaration was circulated for public review, as required by CEQA Guidelines Section 15073, from July 21, 2023 through August 21, 2023; and
WHEREAS, the City received one comment letter during the public review period and the comments were addressed in the Response to Comments and included with the Mitigated Negative Declaration; and
WHEREAS, a staff report was submitted to the Planning Commission of the City of Hollister recommending approval of the Mitigated Negative Declaration and a Site and Architectural Review; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 31, 2023 to consider the Mitigated Negative Declaration, Site and Architectural Review 2021-11 and Density Bonus DB 2023-1, 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 Resolution No. 2023-20 adopting a Mitigated Negative Declaration and Mitigation Monitoring Program, Resolution No. 2023-21 approving a Site and Architectural Review; and Resolution 2023-22 recommending City Council approval of a Density Bonus; and
WHEREAS, the decision of the Planning Commission was appealed by the San Benito High School District in a manner prescribed by Section 17.24.140 on September 15, 2023; and
WHEREAS, on September 28, 2023, the Planning Commission adopted a Resolution ratifying their decision to approve Density Bonus 2023-1; and
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WHEREAS, a staff report dated November 6, 2023 was submitted to the City Council analyzing the appeal; and
WHEREAS, the City Council considered the appeal at a noticed public hearing on November 6, 2023, during which all interested parties had the opportunity to be heard.
NOW THEREFORE IT IS RESOLVED that the City Council of the City of Hollister denies the Appeal of the San Benito High School District and affirms the Planning Commission’s approval of the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and Site and Architectural Review 2021-11 to allow a mixed-use development with 157 dwelling units and 3,750 square feet of commercial.
BE IT FURTHER RESOLVED that the City Council adopts the following findings for denial of the appeal as supported by the record of proceedings:
A. The project complies with the California Environmental Quality Act (CEQA) because:
1. In accordance with the California Environmental Quality Act (CEQA), the City prepared a Mitigated Negative Declaration (MND) to review any impacts associated with the proposed project. Although the project is located within City Limits and is surrounded by development, the project did not qualify for an infill exemption because the project site is greater than 5 acres (total size is 5.54 acres).
2. The Mitigated Negative Declaration (SCH#2023070448) identified several potential impacts related to biological resources, cultural and tribal resources, geology, and site access. Mitigation Measures were included within the MND to ensure that these impacts will be mitigated to a less than significant level.
Mitigation Measures are summarized on pages 3-6 of the MND.
3. The Mitigated Negative Declaration which evaluated the potential impacts of the project was circulated for a 30-day public review period, in accordance with the requirements of the California Environmental Quality Act (CEQA) from July 21, 2023 – August 21, 2023. A Notice of Availability (NOA) was published in the San Benito Link on July 21, 2023, was transmitted to and posted on the State Clearinghouse’s website, and transmitted to interested parties as required. The Notice of Availability included as of the information required by State CEQA Guidelines Section 15072. As required, the NOA clearly identifies the project by the Site and Architectural Review file number; states that the City intends to adopt a MND; clearly identifies the address of the project, as well as the Assessor Parcel Number (APN), Zoning District and general plan land use designation. The NOA identifies the location where the project plans including the MND can be reviewed and invites anyone to email their comments or mail comments to either of the addresses noted on the NOA. The wording of the NOA and all information contained within the NOA is consistent with the State CEQA Guidelines.
4. The City received one comment letter during this period. A comment letter was submitted by the San Benito High School District on August 21, 2023. Although not required under CEQA, a Response to Comments was prepared to address the comment letter. A Public Hearing Notice was then mailed and published in the Freelance ten (10) days prior to the Planning Commission as required by State Law.
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5. While the proposed project would increase the student population in the City, which in turn could affect the capacity of existing school facilities, Section 65995(h) of the California Government Code has been adopted by the state to mitigate any school facilities impacts. Section 65995(h) states that the payment of statutory fees “is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities”. For this reason, development of the project would have a less than significant impact related to school facilities. New facilities, if and when required by the school districts, would be developed and analyzed independent of this project review.
6. The MND relies on the development potential identified in the 2005 General Plan and the 2005 General Plan EIR as well as approved projects in creating baseline and future projections. The 2005 General Plan EIR evaluated the development potential identified in the EIR based on the density for each land use designation.
Furthermore, the General Plan includes several tables which list the development potential for each site identified for residential development in the General Plan.
These numbers were used to prepare the 2005 General Plan EIR which is a programmatic EIR. In the case of a programmatic EIR, future projects which are not exempt from CEQA review must prepare additional environmental review which relies on the impacts noted in the programmatic EIR as well as new site specific conditions. As required, an Initial Study was prepared to determine if the project would result in any significant impacts. Based on the analysis contained within the MND, the project will result in a less than significant impact.
7. The MND adequately reviews the proposed project and provides all information and analysis included in Article 5, Preliminary Review of Projects and Conduct of Initial Study, and Article 6, Negative Declaration Process of the CEQA Guidelines.
8. It is the City’s opinion and the determination of the City’s qualified CEQA preparer that the project will result in a less than significant impacts based on all information contained in the record. No scientific or factual data has been submitted by the Appellant which shows that the project will have a significant impact on the environment (CEQA Guidelines Section 15064).
9. Section 15074 of the State CEQA Guidelines outlines the procedures for the consideration of an MND. Section 15074(b) requires the decision making body (the Planning Commission) to consider the MND and any comments received.
The Section does not require the Planning Commission to discuss each comment received during the meeting. Staff prepared a written Response to Comments, included the MND together with the Responses to Comments and the letter received from the High School as part of the Staff Report, identified the comments received within the text of the Staff Report, and noted that comments were received regarding the MND during the Public Hearing. When approving the Mitigated Negative Declaration on August 31, 2023 the Planning Commission based its decision based on the whole record before it as required by CEQA Guidelines.
B. The proposed project is consistent with the goals and policies of the General Plan, any applicable Specific Plan, and any applicable design guidelines because:
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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. The 2005 General Plan identifies this project site in the Housing Element Site Inventory.
Furthermore, this inventory lists the development potential of the site and shows that the site allows the construction of 111 to 194 dwelling units (or 20 to 35 dwelling units per acre). The project includes 157 multi-family dwelling units which will provide additional, necessary, multi-family units to the City. The commercial space will also provide commercial services to residents within the West Gateway.
The proposed development potential is less than the maximum allowed under 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.
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, enhanced 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.
C. The proposed Project, as conditioned, is consistent with the provisions of Title 17, Zoning of the Hollister Municipal Code and Chapter 17.08.020 – 17.08.060, 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.
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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).
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).
D. 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.
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E. 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 horizontal lap siding (accent material); and white vertical siding.
3. The project layout has been designed to orient the commercial building towards the street and to screen trash and parking areas from view.
F. 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.
G. 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.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
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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. 2023-221, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of November, 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 November, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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SUBJECT: Mitigated Negative Declaration, Site and Architectural Review 2021-11, and Density Bonus 2023-1 – Nader Agha - The applicant is requesting Site and Architectural approval for the construction of a mixed-use development with 157 dwelling units and 3,750 square feet of commercial space. The project also includes a Density Bonus for restricting five percent (5%) of the total number of units to very-low income households. Pursuant to the requirements of the California Environmental Quality Act, a Mitigated Negative Declaration was prepared to review any potential impacts related to the project. The project site is located at 1550 San Juan Road has a Zoning Designation of West Gateway (WG), further identified as San Benito County Assessor Parcel Number 052-090-008.
STAFF PLANNER: Erica Fraser, AICP, Senior Planner (831) 636-4360
ATTACHMENTS: 1. Resolution approving a Mitigated Negative Declaration with the Mitigated Negative Declaration included as Exhibit A the Responses to Comments included as Exhibit B, and the Mitigation, Monitoring and Reporting Program included as Exhibit C.
2. Resolution approving Site and Architectural Review 2021-11 for a mixed-use development with 157 dwelling units and 3,750 square feet of commercial space with the project plans included as Exhibit A.
3. Resolution recommending City Council approval of Density Bonus 2023-1.
4. Density Bonus Written Statement
RECOMMENDATION: Approval with Conditions
PROJECT DESCRIPTION:
The Applicant is proposing to construct a mixed-use development with 157 multi-family dwelling units and 3,750 square feet of commercial space on a 5.54-acre parcel located 1550 San Juan Road. The parcel has a General Plan Land Use Designation of Mixed-Use and is located in the West Gateway (WG) Zoning District. The project plans are included as Exhibit A of Attachment 2.
Planning Commission
Staff Report
August 31, 2022
Item 3
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ANALYSIS:
Location
The proposed project is located at 1550 San Juan Road. The site is bordered San Juan Road and residential dwellings to the North, Sunnyslope water treatment facility to the South, vehicle storage to the West, and the Stop in Shop gas station and convenience store and the Mission Oaks mobile home park to the East.
The site is currently vacant with one small abandoned accessory structure. A mixed-use development is currently under review for the vacant parcel to the North (at Graff Road and San Juan Road).
The location of the project site is shown below:
Figure 1: Project Site and the Surrounding Area
Site Plan (Sheet A3):
The Applicant is proposing to construct mixed-use development with 157 dwelling units in 6 multi-family buildings, a 3,750 square foot commercial building, a community building, small play area, outdoor dining area (at the commercial space and at the community building), and landscaping and pedestrian paths on a 5.54-acre project site.
Project Site
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The site has a General Plan Land Use Designation of West Gateway, and the West Gateway Zoning District allows a density of 20-35 units per acre. The project site is 5.54 acres in site and is allowed to have 111 – 194 dwelling units.
Parking for the residential dwellings will be located away from San Juan Road and will be located near the property lines and in the interior of the site. Parking for the commercial building will be located behind the commercial building and blocked from view on San Juan Road.
Figure 2: Site Plan
The proposed site is oriented so that the commercial building and the entrance to the building is oriented to the street. Pedestrian access is from the interior of the development as well as San Juan Road. All other buildings are oriented around landscaped common areas and other amenities to ensure larger open spaces for the residents. The orientation of the commercial building to the street, screening of parking, and location of the buildings within the residential portion of the site are consistent with the requirements of Section 17.08.030, Commercial and Mixed-Use General Development Standards, 17.8.050, Mixed Use Zoning District Supplemental Standards, and 17.08.060, West Gateway Mixed Use Supplemental Standards if the Zoning Ordinance.
On-site circulation, access, parking design and other requirements have been reviewed by the City’s Development Review Committee (DRC) to ensure compliance with City, State, and Federal Regulations.
Conditions of Approval related to compliance have also been included in the Project Conditions of Approval.
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Unit Types (Sheet A4):
The development will include one, two and three bedroom units. The unit breakdown and size is as follows:
Table 1 – Unit Breakdown, Size, and Private Open Space
Unit Type Total Number of
Units Floor Area Private Open Space
1 Bedroom 61 542 sq. ft. 128 sq. ft.
2 Bedrooms 66 836 sq. ft. 133 sq. ft.
3 Bedrooms 30 1,018 sq. ft. 147 sq. ft.
Architecture:
Due to the orientation of the buildings and the shape of the property, most of the site will not be visible from San Juan Road. The Commercial building will be oriented to the street and will be visible. The Community Building (Building No. 2) will be setback from the street and located behind the property owned by the Shop N Save Gas Station and Convenience Store. Renderings and vignettes of the development are located throughout the project plans.
Front (North) Elevation (San Juan Road) – Sheet A13
Based on the layout of the site and the existing gas station and convenience store, the only completely visible building from San Juan Road will be the commercial building (a portion of Build 2 will be visible but is setback behind the gas station property.
Figure 3 – Commercial Building
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The commercial building is a two-story building with a 3,750 square foot commercial space on the ground floor and seven (7) one-bedroom units with balconies on the second floor.
The commercial building has enhanced architecture at the north elevation. A two story element is located in the middle of this elevation. The element projects away from the main wall of the building to break up the massing and provide a unique visual detail for the site. Roof forms are located over the first floor commercial space. The roof form on the left side of this elevation allows for a covered outdoor space for gathering. The second floor includes windows, varying roof forms, and shutters to provide details and break up the massing of the building. A vignette showing the elements of the exterior of the commercial building is located on Sheet A15.
The building will include several different materials and colors to promote visual interest of the building (see Sheet A14). The two-story element will have white, vertical cement siding. The wall of the main building behind will have gray horizontal lap siding. The roof over the building will be pewter composition shingles and the accent roof over the first floor will be a gray metal standing seam roof. Windows and doors will be framed in black and the shutters and details around the building will be faux cedar wood.
Community Building (Sheet A10)
The community building will be located behind the gas station property and provides amenities and outdoor common space for the residential development (Sheet A9 shows the layout of the interior space).
The community building is one story with a maximum height of 22 feet 11 inches to the peak of the gable roof. The building has varying roof heights, windows, doors and architectural details to enhance views of the building within the development. The community building is designed with colors and materials to match the residential and commercial buildings.
Residential Buildings (Sheet A8)
The residential buildings are designed with a farmhouse architectural style which matches the design of the commercial building. The residential buildings are three stories and have a maximum height of 42 feet 8 inches. The massing of the buildings is broken up by tower elements as well as wall projections and recesses on all sides of the building. Shed, gable, and varying roof heights further break up the massing of the building. Doors and windows are located throughout each elevation. Architectural details including trellises, awnings, trim, and rood details are provided throughout to enhance the elevations.
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Overall Design
Figure 4 – Project Rendering
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.
Circulation:
Access to the site will be taken through one entrance/exit at San Juan Road. Private roads will then circulate throughout the site providing access to each of the buildings as well as parking. Designated parking for the commercial building will be located directly behind the building and will be blocked from view.
The West Gateway Beautification Plan (WGBP) includes requirements for the layout of all access points on San Juan Road. The WGBP only allows one access point for the project at 1550 San Juan Road and requires the access driveway to line-up with the driveway at the property across the street (which was previously constructed). The area was designed to require the driveways for 1550 San Juan Road and the vacant property to the north to line up for safety and to ensure smooth circulation in the area.
In order to meet the requirements of the WGBP, the Applicant would have needed to construct a portion of the access driveway for the property located at 1550 San Juan Road on the gas station site to the east.
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agreement to allow the construction of the driveway and a cross access agreement with the adjacent property. Because the gas station is located on private property and the S&A approval of the site did not require future cooperation between the gas station and 1550 San Juan Road, the City is unable to compel the gas station owner to allow the driveway to be constructed on their property.
In order to move forward with the existing layout of the site, the Applicant has requested that the access driveway for 1550 San Juan Road be constructed entirely on their site and the Applicant will then relocate the driveway across the street so that both access driveways line up as required by the WGBP. This layout was reviewed and approved by the Engineering Division. As a Condition of Approval, the Applicant will be required to enter into an Agreement with the property owner of the vacant property to the north (Graff and San Juan Road) to allow 1550 San Juan Road to relocate this driveway.
Additionally, the circulation of this area must be improved to meet the requirements of the WGBP. This includes the modification of the entry into the gas station to eliminate the access closest to the project site. This work will be conducted entirely within the City’s right-of-way. The Applicant continues to try to work with the owner of the gas station to allow cross access from the project site to the gas station as a secondary access point.
Once all frontage improvements have been completed, the gas station will only have an entrance from San Juan Road on the eastern portion of the property as required by the West Gateway Beautification Plan. All work will be completed within the right-of-way unless the gas station owner give permission for the work to be done on his property. A letter notifying this property owner of the current proposal and the requirement of the WGBP was sent to the property owner prior to this meeting.
Parking:
The proposed project includes a Density Bonus. Pursuant to Government Code Section 65915 and Chapter
17.34, Density Bonus, of the Zoning Ordinance, an Applicant who is eligible for a Density Bonus can use the following parking requirements for their project:
Table 2 - Density Bonus Parking Requirements
Unit Type Required Off-Street Parking
1 Bedroom 1 Parking Space
2 Bedrooms 1.5 Parking Spaces
3 Bedrooms 1.5 Parking Spaces
In addition to residential parking, the project also includes commercial space. Parking requirements for commercial space vary, but include one space for every 100 square feet of restaurant and one space for every 250 square feet of retail space. The following number of parking spaces is required for the proposed project.
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Table 3- Density Bonus Required Parking
Unit Type Number of Units
Provided
Required Off-Street
Parking
Proposed Parking
Spaces
1 Bedroom 61 61 Spaces 91.5 (or 1.5 per unit)
2 Bedrooms 66 99 Spaces 99 (or 1.5 per unit)
3 Bedrooms 30 45 Spaces 60 (or 2 per unit)
Guest Parking ---- Not Required 39.25
Commercial Space 3,750 sq. ft. Varies 15-38*
Total Required (Maximum) 243
The above provided parking is in excess of what is required under the State Density Bonus Law. Based on these parking requirements, the Applicant is required to provide a total of 205 parking spaces to support the residential dwelling units and an estimated 15- 38 parking spaces for the commercial space (if the space was used as a restaurant) for a total of 243 parking spaces.
The Applicant is proposing a total of 291 parking spaces for the site. While this number is in excess of what is required under the State Density Bonus Law, the number of parking spaces will allow for guest parking and additional parking to support the commercial space if needed. Upon construction of the project to the west, several parking spaces will be required to be removed to allow for cross access and the site will still provide adequate parking.
Landscaping (Sheet L1):
A wide variety of trees will be planted throughout the site with trees located around the parking lot and at the inside of the development around and between the buildings. Attractive paving and plantings will be located throughout the site.
Recreational amenities in the development include a basketball court, outdoor common space with outdoor seating at the community building and at the commercial space, landscaped walkways throughout, common passive open space, and a small playground.
Section 17.08.050(A)(5) requires the proposed project 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. 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.
Density Bonus:
The proposed project also includes a request for a Density Bonus. The proposed project will include eight (8) dwelling units restricted to very-low income households which comprises 5 percent (5%) of the total E.3.b
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number of units within the development. Very-low income households are households that make less than 50 percent (50%) of the Area Median Income (AMI). Households who qualify for these units will pay a lower rental amount than those renting the market rate units and will be based on their income as it relates to the AMI at the time.
In accordance with the requirements of the State Density Bonus Law and Section 17.34.040(A)(2), the Applicant is eligible for a Density Bonus for restricting five percent of the total number of units to very- low income households. The Applicant is eligible for the waiver of development standards, one incentive or concession, and the parking requirements in the State Density Bonus Law and in Section 17.34.070(B).
The Applicant is not requesting the waiver of any development standards for this project. The Applicant is entitled to use the lower parking requirements allowed under State Density Bonus Law, but is providing parking over what is allowed in order to provide guest parking and allow for additional uses within the commercial space.
The Applicant is requesting approval of a waiver of sewer and storm drainage fees for the eight (8) affordable units). This request is permitted as a concession under Section 17.34.060(D) of the Zoning Ordinance. 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 $700.00 for studio and one bedroom units and $2,030.00 for units with two or more bedrooms. The total impact fee waiver for the project (using the current fees) would be $70,045.44 - $80,685.14 ($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 the fees are paid by the Applicant and based on 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 developer has prepared a written statement which outlines the reasons for the request of the waiver of the impact fees (Attachment 4). The Applicant has stated that the waiver is necessary to offset the cost of construction as well as the loss in rental income from the units for the next fifty-five years, which make the construction of the entire project less affordable.
The waiver of any fees or any direct financial contribution from the City requires approval of the City Council. Therefore, Staff has included a Resolution recommending City Council approval of the Density Bonus as Attachment 3.
If the Density Bonus is not approved by the City Council, the Applicant can elect to not provide the affordable units. If the Applicant chooses to do so, the project will still meet the requirements of the Zoning Ordinance for parking, however, use of the space will be restricted to uses that require no more than 15 parking spaces.
Should the City Council approve the Density Bonus, the Applicant will be required to enter into a Housing Agreement with the City and provide a deed restriction to ensure that the units will remain affordable for a period of fifty-five (55) years as required by the State Density Bonus Law and Chapter 17.34, Density Bonus, of the Zoning Ordinance.
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California Environmental Quality Act:
In accordance with the California Environmental Quality Act (CEQA), the City prepared a Mitigated Negative Declaration (MND) to review any impacts associated with the proposed project. Although the project is located within City Limits and is surrounded by development, the project did not qualify for an infill exemption because the project site is greater than 5 acres (total size is 5.54 acres).
The Mitigated Negative Declaration (SCH#2023070448) identified several potential impacts related to biological resources, cultural and tribal resources, geology, and site access. Mitigation Measures were included within the MND to ensure that these impacts will be mitigated to a less than significant level.
Mitigation Measures are summarized on pages 3-6 of the MND.
The MND was circulated for a 30-day public review period, in accordance with the requirements of CEQA from July 21, 2023 – August 21, 2023. The City received one comment letter during this period. A comment letter was submitted by the San Benito High School District on August 21, 2023. A Response to Comments is included as Exhibit B to Attachment 1. As discussed in the Response, no changes are warranted to the Mitigated Negative Declaration as a result of the comment and the developer will be required to pay school impact fees to offset impacts related to the residential development.
General Plan Compliance:
The proposed project is designated as West Gateway in the General Plan and the proposed project is a mixed-use development with multi-family and commercial space. The proposed project is well designed, is attractive, and includes amenities for the residents. The proposed project will bring needed multi-family residential units to the City and commercial space to the surrounding community. The development will enhance the existing site, provide a unique architectural design in the area, and will be compatible with the surrounding area as required by General Plan Policy LU 8.3.
CONCLUSION:
The Applicant is proposing to construct a new mixed-use development in the West Gateway. The proposed project is an attractive addition to the neighborhood and includes additional multi-family units for the City as well as commercial space for the surrounding community. The proposed buildings are well designed, include enhanced architectural features, and include a verity of exterior materials. As conditioned, the driveway access point and circulation in the area will be designed for safety and will be consistent with the West Gateway Specific Plan. The proposed project is consistent with the Goals and Policies of the General Plan and the requirements of the Zoning Ordinance.
PLANNING COMMISSION OPTIONS:
The Planning Commission can choose one of the following options:
1. Adopt a Resolution approving the Mitigated Negative Declaration (Attachment 1), a Resolution approving Site and Architectural Review 2021-11, subject to the Conditions of Approval (Attachment 2), and a Resolution recommending approval of Density Bonus 2023-1 (Attachment 3);
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2. Adopt a Resolution approving the Mitigated Negative Declaration, a Resolution approving Site and Architectural Review 2021-11, with Conditions of Approval modified by the Planning Commission; and a Resolution recommending approval of Density Bonus 2023-1;
3. Deny the Proposed Project; or
4. Continue the hearing and direct Staff to provide additional information or clarification.
Staff recommends the Planning Commission select Option 1 for this Item.
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GENERAL INFORMATION
APPLICANT: Laith Agha
449 Alvarado Street
Monterey, CA 93940
PROPERTY OWNER: Sanchez Living Trust
10377 Bret Ave
Cupertino, CA 95014
LOCATION: 1550 San Juan Road
ASSESSOR PARCEL
NUMBER: APN 052-090-008
GENERAL PLAN
DESIGNATION: West Gateway
ZONING DISTRICT: WG (West Gateway Mixed-Use)
SURROUNDING USES:
Location Zoning Designation General Plan Land Use Current use of Property
Project Site WG West Gateway Vacant
North WG West Gateway Vacant
South Public Facilities Public Facility Sewer Treatment Plant East WG West Gateway Gas Station and
Convenience Store/
Vacant/ Mobile Home
Park
West WG West Gateway Vehicle Storage
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Environmental Initial Study
San Juan Apartments Project
City File#: S&A 2022-11 and DB 2023-1
July 2023
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MITIGATED NEGATIVE DECLARATION
Project Title: San Juan Apartments
Project Location: The proposed project site is in the City of Hollister, in San Benito County, California. South of San Juan Road located at the address 1550 San Juan Road in Hollister, CA.
Assessor’s Parcel No. 052-090-008
Applicant: Laith Agha
449 Alvarado Street, Monterey CA 93940
Initial Study:
An Initial Study of this project was prepared for the purpose of determining whether this project may have a significant effect on the environment. A copy of this study is on file at the City of Hollister, Development Services Department, 339 Fifth Street, Hollister, CA 95023.
Findings and Reasons:
The Initial Study identified potentially significant effects on the environment. Howev er, this project has been mitigated and/or conditioned (see standard conditions and mitigation measures below which avoid or mitigate the effects) to a point where no significant effects will occur with project construction and operation. There is no substantial evidence that the project may have a significant effect on the environment. The following reasons support these findings:
1. The proposal is a logical extension of the existing land use pattern of this area.
2. Identified adverse impacts are proposed to be mitigated by construction best practices, design modifications, pre-construction surveys and standard conditions.
3. The proposed project is consistent with the adopted goals, policies and land uses of the City of Hollister General Plan and Municipal Code.
4. The proposed project is consistent with the City of Hollister West Gateway plan.
5. With the application of the following mitigation measures, the proposed project will not have any significant impacts on the environment:
Standard Conditions and Mitigation Measures
Standard Condition
Reduce Fugitive Dust
The project applicant shall implement the following measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions, and the project applicant shall require all of the following measures to be shown on grading and building plans:
▪ Limit grading to 8.1 acres per day, and grading and excavation to 2.2 acres per day. ▪ Water graded/excavated areas and active unpaved roadways, unpaved staging areas, and unpaved parking areas at least twice daily or apply non‐toxic chemical soil stabilization materials E.3.c
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per manufacturer’s recommendations. Frequency should be based on the type of operations, soil and wind exposure.
▪ Prohibit all grading activities during periods of high wind (more than 15 mph). ▪ Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). ▪ Stabilize all disturbed soil areas not subject to using approved chemical soil binders, jute netting, or gravel for temporary roads and any other methods approved in advance by the APCD. ▪ Sow exposed ground areas that are planned to be reworked at dates greater than one month after initial grading with a fast germinating, non‐invasive grass seed, and water until vegetation is established.
▪ Plant vegetative ground cover in disturbed areas as soon as possible. ▪ Use street sweepers, water trucks, or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Reclaimed (non‐potable) water should be used whenever possible.
▪ Spray dirt stockpile areas daily as needed.
▪ Place gravel on all roadways and driveways as soon as possible after grading. In addition, construct building pads as soon as possible after grading unless seeding, soil binders, or frequent water application are used.
▪ Not exceed a 15 mph vehicle speed for all construction vehicles on any unpaved surface at the construction site.
▪ Cover or maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) on all trucks hauling dirt, sand, soil, or other loose materials in accordance with California Vehicle Code Section 23114.
▪ Limit unpaved road travel to the extent possible, for example, by limiting the travel to and from unpaved areas, by coordinating movement between work areas rather than to central staging areas, and by busing workers where feasible.
▪ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and inspect vehicle tires to ensure free of soil prior to carry‐out to paved roadways.
▪ Sweep streets at the end of each day, or as needed, if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible.
Burrowing Owl
MM BIO-1 a. A qualified biologist shall conduct a pre-construction survey less than 30 days prior to construction within the project site in accordance with the CDFW burrowing owl survey protocol (CDFG 1995). If no burrowing owls or signs of their presence are detected in the vicinity of the project site during the pre-construction survey, a letter report documenting survey methods and findings shall be submitted to the City of Hollister and CDFW, and no further mitigation is required.
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b. If unoccupied burrows are detected during the non-breeding season (September through January 31), the applicant may collapse the unoccupied burrows, or otherwise obstruct their entrances to prevent owls from entering and nesting in the burrows. c. If occupied burrowing owl burrows are detected, impacts on burrows shall be avoided by providing a buffer of 160 feet during the non-breeding season (September 1 through January 31) or 250 feet during the breeding season (February 1 through August 31). The size of the buffer area may be adjusted if a qualified biologist or the CDFW determine the burrowing owl would not likely be affected by the Proposed Project. Project activities shall not commence within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 7.5 acres of foraging habitat contiguous to the burrow shall be maintained per pair until the breeding season is finished.
d. If impacts to occupied burrows are unavoidable, onsite passive relocation techniques approved by the CDFW shall be used to encourage burrowing owls to move to alternative burrows outside of the project site. No occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through non-invasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. Mitigation for foraging habitat for relocated pairs shall follow the guidelines provided in the California Burrowing Owl Survey Protocol and Mitigation Guidelines (Burrowing Owl Consortium, 1995). The mitigation for foraging habitat for relocated pairs ranges from 7.5 to 19.5 acres per pair.
San Joaquin Coachwhip
MM BIO-2 If construction activities are to occur between March to October, then a qualified biologist shall conduct pre-construction San Joaquin whipsnake surveys for active dens (within mammal burrows and stockpiles) before any construction activities occur in or adjacent to suitable den habitat. The surveys shall be conducted within 14 days prior to initiation of construction activities. Should San Joaquin whipsnake be observed within the project site, the biologist shall note the location on a map and resurvey the site prior to commencement of construction activities ensure the snake vacated the area. Should the San Joaquin whipsnake still be present, then a 50-foot buffer around the location shall be established and construction activities shall be prohibited within the buffer zone until the snake has vacated the project site.
Nesting Special Status Birds, Raptors and Other Protected Birds MM BIO-3 For construction activities occurring during the nesting season (generally February 1 to August 31), surveys for nesting birds covered by the CFGC (including, but not limited to, tricolored blackbird, Cooper’s hawk, and white-tailed kite) shall be conducted by a qualified biologist no more than 14 days prior to initiation of construction activities, including construction staging and vegetation removal. The surveys shall include the entire disturbance areas plus a 100-foot area south of the site (where no development exists). If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 150 feet for raptor species.
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construction activities occurring in the vicinity of the nest. The biologist shall have full discretion for establishing a suitable buffer. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buffer.
Special Status Bats
MM BIO-4 a. A qualified wildlife biologist shall conduct pre-construction surveys for special-status Townsend’s big-eared bat and western red bat in the vicinity of existing trees and shed structure no more than 14 days prior to commencement of construction activities. If no active roosts or evidence of Townsend’s big-eared bat and western red bat presence are detected during these surveys, no additional mitigation is required. b. Should Townsend’s big-eared bat or western red bat individuals or their active roosts be detected during the pre-construction survey, the staging area should be situated at least 100 feet from the roost. Construction activities should be carried out in a short timeframe within 100 feet of the roost.
Cultural and Tribal Resources
MM CUL-1 During project construction, if any archeological, paleontological or tribal resources (e.g., evidence of past human habitation or fossils) are found, the project applicant and/or its contractor shall cease all work within 50 feet of the discovery and notify the City of Hollister Planning Division immediately. The project applicant and/or its contractor shall retain a qualified archaeologist, paleontologist and Native American representative to evaluate the finds and recommend appropriate mitigation measures for the inadvertently discovered resources. The City and the applicant shall consider the mitigation recommendations and agree on implementation of the measure(s) that are feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, or other appropriate measures. (Health and Safety Code Section 7050.5)
MM CUL-2 If human remains or cultural resources associated with a burial (i.e. grave goods) are discovered during construction, the project applicant and/or its contractor shall cease all work within 50 feet of the find and notify the City of Hollister Planning Division and the County Coroner, according to California Health and Safety Code Section 7050.5. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission and shall follow the procedures outlined in CEQA Guidelines Section 15064.5(d) and (e) regarding treatment and disposition of recovered cultural items. The Commission will designate a Most Likely Descendant (MLD) who will be authorized to provide recommendations for management of the Native American human remains and any associated materials or objects (Public Resourced Code Section 5097.98 and Health and Safety Code Section 7050.5).
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Final Geotechnical Report
MM GEO-1 Prior to issuance of any grading or building permits for the project, the applicant shall submit a final geotechnical report for review and approval by the City. The project shall conform with all engineering recommendations within the final geotechnical report.
Site Access
MM TRA-1 The project entrance shall align with the existing driveway located across the street (APN 052-360-004 and -005). Prior to issuance of a Building Permit, the Applicant for 1550 San Juan Road shall enter into an Agreement, in a form approved by the Ci ty, to relocate this existing (off site) driveway with the new driveway at 1550 San Juan Road. The existing driveway shall be relocated prior to Final Occupancy of the project located at 1550 San Juan Road. Final design and alignment shall ensure adequate access into the existing market and gas station.
MM TRA-2 The applicant shall allow for the future extension of the internal road, located between Building 4 and 8 and between Building 6 and 7 (where the road comes to a T intersection).
The extension shall be designed through the T intersection to connect to the adjacent property located 1619 4th Street. The parking spaces located in this area shall be temporary until such time that a project is under construction at 1619 4th Street. During the construction of 1619 4th Street the property owner of 1550 San Juan Road shall allow this property owner to connect with the internal road to provide two entrance/exits for 1550 San Juan Road.
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Table of Contents
Introduction ................................................................................................................................. 1
1.1 Introduction and Regulatory Guidance ..................................................................................... 1
1.2 Lead Agency ............................................................................................................................. 1
1.3 Environmental Analysis ............................................................................................................ 1
1.4 Findings and Conclusions ......................................................................................................... 1
1.5 Mitigation Monitoring and Reporting Program ......................................................................... 1 Initial Study .................................................................................................................................. 2
2.1 Background Information .......................................................................................................... 2
2.2 Description of Project and Environmental Setting..................................................................... 3
2.3 Project Consistency Analysis..................................................................................................... 6
2.4 Environmental Factors Potentially Affected .............................................................................. 8
2.5 Determination (to be completed by the lead agency) ............................................................... 9
2.6 Evaluation of Environmental Impacts ..................................................................................... 10 Environmental Analysis .............................................................................................................. 11
3.1 Aesthetics .............................................................................................................................. 11
3.2 Agriculture and Forestry Resources ........................................................................................ 15
3.3 Air Quality .............................................................................................................................. 17
3.4 Biological Resources ............................................................................................................... 26
3.5 Cultural Resources ................................................................................................................. 32
3.6 Energy .................................................................................................................................... 35
3.7 Geology and Soils ................................................................................................................... 40
3.8 Greenhouse Gas Emissions ..................................................................................................... 45
3.9 Hazards and Hazardous Materials .......................................................................................... 51
3.10 Hydrology and Water Quality ................................................................................................. 56
3.11 Land Use and Planning ........................................................................................................... 62
3.12 Mineral Resources.................................................................................................................. 64
3.13 Noise...................................................................................................................................... 65
3.14 Population and Housing ......................................................................................................... 78
3.15 Public Services ....................................................................................................................... 80
3.16 Recreation ............................................................................................................................. 84
3.17 Transportation ....................................................................................................................... 86
3.18 Tribal Cultural Resources ........................................................................................................ 94 E.3.c
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3.19 Utilities and Service Systems .................................................................................................. 97
3.20 Wildfire ................................................................................................................................ 102
3.21 Mandatory Findings of Significance ...................................................................................... 104 References ............................................................................................................................... 107
Figures
Figure 1: Regional and Local Vicinity Map
Figure 2: Surrounding Land Uses
Figure 3a: Site Photos
Figure 3b: Site Photos
Figure 4: Site Plan
Figure 5: Grading and Drainage Plan
Figure 6: Traffic Circulation
Figure 7: Landscape Plan
Figure 8: Stormwater Control Plan
Figure 9a: Building Elevations – Residential
Figure 9b: Building Elevations – Community Building
Figure 9c: Building Elevations – Commercial Building
Note: All figures are attached at the end of the document.
Appendices
Appendix A: Air Quality Data
Appendix B: Cultural Resources Assessment
Appendix C: Energy Calculations
Appendix D: Preliminary Geotechnical Report
Appendix E: Greenhouse Gas Emissions Data
Appendix F: Hazards Materials Assessment/Phase I ESA
Appendix G: Acoustical Data
Appendix H: Transportation Impact Analysis Memo
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INTRODUCTION
1.1 Introduction and Regulatory Guidance
This Initial Study has been prepared to determine and identify the potential environmental effects of construction and operation of the San Juan Apartments in the City of Hollister (City file S&A 2022-11 and DB 2023-1). This study has been prepared pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, Section 21000, et seq.).
1.2 Lead Agency
The lead agency is the public agency with primary responsibility over a proposed project. Where two or more public agencies will be involved with a project, CEQA Guidelines Section 15051 provides criteria for identifying the lead agency. In accordance with CEQA Guidelines Section 15051(b) (1), “the lead agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose.” Based on the criteria above, the City of Hollister (City) is the lead agency for the proposed project.
1.3 Environmental Analysis
This document has been prepared using the City’s environmental initial study checklist, together with recently certified environmental documents for nearby projects. The conclusions herein are based on CEQA standards, professional judgement, field review and available public documents. This Initial Study constitutes substantial evidence supporting the conclusion that the project could result in significant adverse environmental impacts unless mitigation measures are implemented to reduce or avoid those impacts.
1.4 Findings and Conclusions
The project, compared to existing conditions, could result in significant adverse environmental impacts as currently proposed. However, these effects could be addressed with specific miti gation measures and design modifications to reduce the significance of these effects. The majority of the environmental effects identified would be temporary, related to project construction, and protections have been put in place to reduce those effects to a less than significant level. While the uses proposed are generally consistent with the General Plan, Municipal Code, and other City policies and programs adopted for the purpose of mitigating environmental effects, redesign of the project entrance to create a combined entrance for the project and the existing convenience store would serve to avoid conflicts with turning movements to and from San Felipe Road.
1.5 Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081.6 (a)(1), a mitigation monitoring and reporting program has been prepared for the project in order to monitor the implementation of the mitigation measures that have been adopted for the project. Any long-term monitoring of mitigation measures imposed on the overall development will be implemented through the Mitigation Monitoring and Reporting Program.
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INITIAL STUDY
2.1 Background Information
Project Title: San Juan Apartments
Lead Agency: City of Hollister
375 Fifth Street
Hollister, CA 95023
Contact Persons: Erica Fraser, AICP, Consulting Planner, City of Hollister Date Prepared: July 2023
Study Prepared by: Kimley-Horn
10 S. Almaden Boulevard, Suite 1250
San Jose, CA 95113
Tad Stearn, Project Manager
APN/Project Location: APN: 052-090-008/San Juan Road between Miller Road and Graf Road General Plan Designation: West Gateway Commercial and Mixed-Use Project Sponsor: Laith Agha
Project Site Address: 1550 San Juan Road, Hollister
Zoning: West Gateway Mixed-Use (WG)
Project Description: The project proposes a mix of uses within eight (8) buildings on a
5.5- acre site consisting of 157 apartments, a 3-story community building with 1,665 square feet of community space with apartments above, and a 3-story commercial building with 3,750 square feet of retail commercial space with apartments above. The project also includes a total of 291 parking spaces and landscaping throughout. The project application requests Site & Architectural Review.
Surrounding Land Uses: The project site is bounded by a mobile home community (Mission Oaks Mobile Home Park) on the east, existing gas station and convenience store adjacent to the north, and light industrial uses to the west. South of the project site are agricultural wastewater ponds near the bed of the San Benito River. San Juan Road is north of the project site with single - family residential north of San Juan Road.
Public Comment Period: July 21, 2023 to August 21, 2023
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2.2 Description of Project and Environmental Setting
Project Location
The proposed project is located at 1550 San Juan Road in the City of Hollister, San Benito County (see Figure 1). The project area is located in the western/central portion of the Hollister planning area, south of San Juan Road (also known as SR 156 Business Loop/Fourth Street). The project site is located within the Western Gateway planning area in the western gateway to the City. The Hollister Municipal Airport is located approximately 2.5 miles to the north. The site is located in the Hollister US Geological Survey (USGS)
7.5- minute quadrangle. Specifically, the roughly square project boundaries include the following:
• The northern boundary is defined by San Juan Road and an existing gas station and convenience store (Shop n Save). Across San Juan Road is a grassy field. • The southern boundary includes several shallow industrial wastewater treatment ponds associated with the City’s Industrial Wastewater Treatment Plant (IWTP). The ponds are approximately 100 feet south of the project boundary.
• The eastern boundary is a residential (mobile home) community. • The western boundary includes a former meat packing facility (Del Curto Meat Company, Inc.) which is now rented out to multiple tenants including a trucking company and fencing company.
Assorted trucks, trailers and miscellaneous vehicles and equipment are stored on this adjacent property.
Existing Site Conditions
The property is currently vacant and covered with weeds and grasses that appear to be regularly mowed.
Besides weeds and grasses onsite, the property has six existing mature trees. There is one existing structure, a metal clad barn or shop building, located in the western portion of the site. Some central portions of the site appear to have been previously paved, including a deteriorated road that provided access to the metal barn and a diesel fueling island. The fueling island is no longer present, and associated underground storage tanks have been abandoned and filed with sand. There are no visible utilities serving the site aside from a single wooden utility pole that is no longer connected by aboveground wires. A vertical PVC pipe which appears to be a test well is located downslope near the southern boundary. The site slopes gently from north to south toward the wastewater ponds and San Benito River riverbed.
The surrounding land uses are shown in Figure 2. Photographs of existing site conditions are shown in Figure 3a and 3b.
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Project Description
The Applicant is proposing a mixed-use residential project on an existing vacant property located south of San Juan Road. The subject parcel, APN 052-090-008, is approximately 5.55 acres in size.
Requested Approvals
The project is expected to require the following approvals:
• Site and Architectural Approval for proposed structures (including signage) • Approval of a Development/Operating Agreement
• Access agreement with adjacent property owners
The project site is located in an urbanizing area and will utilize municipal water supplies. The project w ill not result in diversion of surface waters for irrigation, impacts to water bodies or habitat, or other issues that would trigger additional State or federal resource permitting beyond what is already required for water quality conformance.
Physical Improvements
The project would construct a total of eight three-story buildings consisting of six residential buildings totaling approximately 116,995 square feet (sf) of residential space, one community building with 1,665 sf of common community space with apartments above, and one commercial building with approximately 3,750 sf of commercial use. The commercial building would be located at the main entrance of the project along San Juan Road. The community building would be located diagonally across from the commercial building and directly across the future sport courts.
The entire project has 157 units with associated amenities such as open space and an outdoor play area.
The project would include 291 parking spaces and 44 bicycle spaces. The project site plan is shown in Figure 4.
Unit Mix
As shown in Table 2-1: Building and Site Summary, the unit mix would comprise of 157 units, with units ranging from one-bedroom to three-bedrooms. Unit sizes are distributed as follows: one-bedroom units at 525 square feet, two-bedroom units at 800 square feet, and three-bedroom units at 973 square feet.
Table 2-1: Building and Site Summary
Description Unit/Square Feet (sf)
Site Details
Site Area 241,244 sf
Lot Coverage 68,534 sf
Landscaped Area 75,219 sf
Commercial Area 3,750 sf
Building Details
Unit Mix and Building Heights 1-Bedroom 2-Bedroom 3-Bedroom Height Commercial (Building 1) 7 units -- -- 45’
Community Space (Building 2) -- -- -- 39’-11“
Residential (Buildings 3 to 6) 54 units 66 units 30 units 42’-8” Total Unit Count 157 residential units
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Description Unit/Square Feet (sf)
Open Space
Community Building – Common Community
Space
1,665 sf
Parking
Vehicle Standard Compact Covered
Provided Parking 178 spaces 17 spaces 96 spaces
Total Vehicle Parking Count 291 spaces
Total Bicycle Parking Count 44 spaces
Source: Project Application Materials, 2022
Affordable Housing Density Bonus and Development Incentives The proposed project would dedicate 10 percent of the residential units (15 units) as low-income affordable units, distributed across the project site. In compliance with the California Density Bonus Law (CA Government Code Section 65915 P(1)(A) and (B), the applicant is seeking parking reductions in the following ratios:
Residential
• 1 bedroom: 1 on-site parking space per unit
• 2 or 3 bedrooms: 2 on-site parking spaces per unit
Commercial
• 1 space per 250 sf
With the above ratios applied, a total of 2681 parking spaces would be required for the project to comply with CA Government Code Section 65915 P(1)(A) and (B). As identified in Table 2-1, the project would provide 291 spaces, exceeding the aforementioned requirements.
Construction
The site is gently sloping south with the highest point adjacent to the existing gas station /mini mart located off San Juan Road. Construction will require grading with heavy equipment, ground preparation, trenching, staking and flagging, installation and extension of utility systems and typical residential building techniques. Construction will require the use of bulldozers and excavators to level the site and grade the detention basins, compacting machinery, concrete pumpers for pouring foundations, cranes, and paving equipment for parking areas and hardscape. Construction is expected to progress over a 12-month period.
The conceptual grading and drainage plan (site plan) is illustrated in Figure 5.
Operations
The future commercial uses within the project site are of unknown tenant mix. However, the future tenants are expected to be neighborhood serving uses and would be consistent with the City of Hollister’s hours of operation and other regulations. Use of the common areas such as the multi-use building and maintenance/leasing offices would comply with the Municipal Code and/or project-specific covenants and regulations.
1 Total Required Vehicle Parking Spaces = [(1 on-site parking space/unit) * (# of 1-Bedroom units)] + [(2 on-site parking space/unit) * (# of 2- Bedroom units)] + [(2 on-site parking spaces/unit) * (# of 3-Bedroom units)] + [1 parking space/ 250 sf] = (1*61) + (2*96) + (3,750 sf/250 sf) = 61 + 192 + 15 = 268 parking spaces
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Circulation and Access
Access to the site would be from a full access, unsignalized driveway directly from San Juan Road. The project’s access to San Juan Road will be stop controlled. The proposed access point for the project would be the northern-most portion of the site adjacent to the existing gas station and convenience store (Stop n Save). As currently proposed, the Stop n Save would maintain access from an existing driveway cut directly on San Juan Road, as well as from a new access point from the new project driveway.
An internal circulation road would connect San Juan Road to the eight buildings, surface parking, and sport courts. Emergency vehicles and garbage trucks would also enter and exit from the drive aisle connecting San Juan Road and would be able to access all internal driveways as shown in Figure 6.
Landscaping and Open Space
Landscaping proposed onsite would consist of trees and shrubs that would adhere to low water, drought tolerant local and State regulations. The project proposes 190 trees throughout the site along the street frontages as shown in Figure 7.
Stormwater
Other improvements include storm drainage and utility systems constructed to local code, landscaping, and fencing. Sewer and water service will be provided by the City of Hollister. A new private 18-inch storm drain is proposed throughout the project as shown in Figure 5 and Figure 8. Pervious pavers are proposed surrounding the project site for collection and capture of stormwater runoff on site.
Dry Utilities
Increased electricity demand to power the project would require additional coordination and approval from PG&E.
2.3 Project Consistency Analysis
CEQA Guidelines Section 15063(d)(5) states that the Initial Study is to examine whether the project would be consistent with existing zoning, plans, and other applicable land use controls. This section includes a discussion of the proposed project’s consistency with the City of Hollister General Plan (2005) and Zoning Code, the Monterey Bay Air Resources District’s Air Quality Management Plan (2016), and the Council of San Benito County Governments’ 2035 Regional Transportation Plan (2014).
General Plan and Zoning Code
The property (5.55-acre site) is currently within the jurisdiction of the City of Hollister. The property has been planned for future growth and development under City policies and land use regulations since 2005.
According to the City of Hollister General Plan, the project site has a General Plan land use designation of West Gateway Commercial and Mixed-Use, with a conforming West Gateway zoning designation. Under this designation and zoning, projects are intended to include a mix of community shopping, retail, and offices with residential uses. The General Plan encourages 3-story building forms on the street with architectural themes similar to the surrounding district. The designation is intended to provide convenience services to regional traffic on Highway 156.
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The Hollister Municipal Code seeks a coordinated approach to development in the West Gateway area.
As such, the Code specifies supplemental design standards (Hollister Municipal Code Section 17.08060) for site development and orientation of land use, plaza/outdoor gathering areas, and parking.
Air Quality Management Plan
Hollister is located in the North Central Coast Air Basin (NCCAB). The Monterey Bay Air Resources District (MBARD) is the air pollution control agency for the NCCAB. The MBARD prepared the 2016 update to the Air Quality Management Plan (AQMP) and continues to prepare triennial updates to the AQMP to attain State and federal ambient air quality standards in the air basin. The AQMP and updates accommodate growth by projecting the growth in emissions based on different indicators. For example, population forecasts adopted by the Association of Monterey Bay Association of Governments (AMBAG) are used to forecast population-related emissions. Through the planning process, emissions growth is offset by basin- wide controls on stationary, area, and transportation sources of air pollution.
Projects that are not consistent with the AQMP or have not been accommodated in the plan and would have a significant cumulative impact on regional air quality unles s emissions are completely offset. The MBARD has developed a consistency determination process for local jurisdictions to identify whether proposed residential land uses are consistent with the AQMP. Specifically, the MBARD consistency determination process demonstrates whether the population associated with growth, such as the proposed project, is accommodated because AMBAG’s regional forecasts for population and dwelling units are embedded in the emissions inventory projections used in the AQMP. Projects that are consistent with AMBAG’s regional forecasts have been accommodated in the AQMP and therefore are consistent with the plan. Buildout of the project’s 5.55 acres as West Gateway been anticipated since adoption of the 2005 Hollister General Plan, and therefore have been included in AMBAG’s regularly updated regional forecasts.
Regional Transportation Plan
The purpose of the Council of San Benito County Governments’ 2035 Regional Transportation Plan (RTP) is to establish goals, policies, programs, and projects for transportation improvements in the county.
In some cases, this means reaffirming existing transportation policy and in others it means establishing policy to address new transportation needs. The Council of San Benito County Governments (COG) is responsible for the development and implementation of the Regional Transportation Plan. The residential project is consistent with the City’s planned development pattern and would not impact any transportation projects identified in the RTP.
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2.4 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following p ages.
Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Some proposed applications that are not exempt from CEQA review may have little or no potential for adverse environmental impact related to most of the topics in the Environmental Checklist, and/or potential impacts may involve only a few limited subject areas. These types of projects are generally minor in scope, are located in a non-sensitive environment, and are easily identifiable and without public controversy. For the environmental issue areas where there is no potential for significant environmental impact (and not checked above), the following finding can be made using the project description, environmental setting, or other information as supporting evidence. Check here if this finding is not applicable.
FINDING: For the above-referenced topics that are not checked, there is no potential for significant environmental impact to occur from construction, operation, or maintenance of the proposed project.
However, discussions are provided for all sections in order to inform responsible agencies, decision makers and the public to the greatest extent possible.
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2.5 Determination (to be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because specific mitigation measures and/or revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the envir onment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, i ncluding revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
City of Hollister
Date
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2.6 Evaluation of Environmental Impacts
All answers must take into account the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. A brief explanation is required for answers except “No Impact” answers that are adequately supported by the information sources cited in the response following each question.
A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone).
A “No Impact” answer should be explained where it is based on project-specific screening analysis.
If it is determined that a particular physical impact may occur, then the checklist responses must indicate whether the impact is “Potentially Significant”, “Less Than Significant Impact With Mitigation Incorporated”, or “Less Than Significant Impact”. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “potentially significant impact” entries when the determination is made, an EIR is required.
If all of the potentially significant impacts have been rendered less than significant w ith mitigation, a Negative Declaration may be prepared. The mitigation measures shall be described in the response, and it shall be explained how the mitigation measure reduces the potential effect to a less than significant level. Mitigation measures may be cross-referenced to other sections when one mitigation measure reduces the effect of another potential impact.
The response for each issue should identify the threshold or criteria, if any, used to determine significance and any mitigation measure, if any, to reduce a potential impact.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (earlier analyses, if any, are cited at the end of the checklist). If an earlier analysis is used, the response should identify the following:
Earlier analysis used – Identify and state where the document is available.
Impacts adequately addressed – The responses will identify which impacts were within the scope of and were adequately analyzed in an earlier document pursuant to legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
Mitigation Measures – For effects that are “Less Than Significant With Mitigation Incorporated,” the response will describe the mitigation measures, which were incorporated or refined from the earlier analysis, and to the extent they address site-specific conditions for the project.
The checklist responses will incorporate references to inform sources for potential impacts (e.g., general plans, zoning ordinances). Individuals contacted and other outside supporting sources of information will be cited in the References.
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ENVIRONMENTAL ANALYSIS
3.1 Aesthetics
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista? X
b) Substantially damage scenic resources, including
but not limited to trees, rock outcroppings, and
historic buildings within a state scenic highway?
X
c) Substantially degrade the existing visual
character or quality of public views of the site and
its surroundings? (Public views are those that are
experienced from publicly accessible vantage
point). If the project is in an urbanized area,
would the project conflict with applicable zoning
and other regulations governing scenic quality?
X
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
X
Existing Setting
Hollister lies near the southern end of the broad alluvial plain formed by the San Benito River and is surrounded on three sides by mountainous terrain. The City is situated at the focal point of a basin formed by the Gabilan Mountains to the south and west and by the Diablo Range to the east. These mountain ranges provide a rugged, natural backdrop to the highly modified landscape along the plain that is a patchwork of agricultural activity and suburban development.
The 5.55-acre project site is primarily vacant with an abandoned steel-clad barn located on the western portion of the site. The project site has no formal landscaping or existing surface lighting. The site is primarily overgrown with weeds and native grasses. Besides weeds and native grasses, there are six existing mature trees located on the project site. The sloping site provides south and west views over the San Benito River basin toward the Gabilan Mountains.
According to the General Plan EIR and recent field observations, the Westside area is largely composed of scattered vacant lots, rural residential uses, and commercial/industrial businesses. In recent years, however, the area has experienced continued growth and redevelopment, particularly along the San Juan Road corridor. In general, there are few visual cues or significant points of visual interest in this E.3.c
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area. While the General Plan would alter the visual setting of the area as it converts land from agricultural or vacant use to urban development, the plan promotes the preservation, protection, and promotion of the existing aesthetic features of the City and applies these policies to new development projects.
The project site and surrounding area is a built and disturbed environment. Existing buildings and San Juan Road dominate the aesthetic character. Most of the surrounding area is covered with impervious surfaces.
The project site is bordered on one side by industrial uses, one side residential, one side a roadway and gas station, and south agricultural wastewater ponds. Overall, except for the modest views of distance hills as seen from the site, the site itself and its surroundings are not remarkable or of high visual or aesthetic quality.
Discussion
a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. According to the Hollister General Plan (2005), there are no designated scenic vistas in the project area. Scenic vistas are typically described as areas of natural beauty with features such as dramatic topography, watercourses, rock outcrops, and/or natural vegetation that contribute to the landscape’s quality. The City’s topography is relatively flat, with low foothills beyond the San Benito River. Distant views of the mountains are available from the project site and surrounding areas, and from many vantage points within the City limits. However, the views are not particularly unique, and the visual landscape is already influenced by nearby development (industrial and residential) on adjacent property and across San Juan Road. The introduction of new construction of eight 3-story buildings (e.g., six residential buildings, one commercial building, and one community building) in this location will be a prominent visual feature; however, the project’s location will not result in a substantial adverse effect to a defined scenic vista from public viewpoints. For these reasons, and because there are no designated scenic vistas in the area, impacts are considered less than significant. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?
Less than Significant Impact. According to the Caltrans Scenic Highway Program SR 156 is designated as a scenic highway between SR-1 Castroville to SR-152 in Prunedale. The project site is located approximately 1.5 miles east of SR 156, and is not located near the scenic segment. SR 25 is designated as a California scenic highway between SR 198 and SR 156, and is located approximately 1.4 miles east of the project site. The project site is not located along a state scenic highway or designated scenic corridor. The project site would not be visible from these eligible State Scenic highway segments, and does not contain significant visual resources. For these reasons, impacts would be less than significant. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urb anized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than Significant Impact. The project site is surrounded by a combination of commercial and residential buildings along a major roadway serving as a gateway to Hollister’s downtown area.
Implementation of the proposed project would alter the visual character of the project site ; however, E.3.c
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introduction of the project would not substantially degrade the existing visual character of the area as seen from public viewpoints. In this case, the only public viewpoints with a visual vantage point are along San Juan Road itself. Views from the road are fleeting, of low quality, and compromi sed by existing development. With the exception of Building 1, the majority of the site and location of future development does not front San Juan Road, and is significantly set back from the roadway, on topography that slopes away from the road and public vantage points.
The proposed buildings would range in heights from 39 feet to 45 feet. Specifically, t he six residential three-story buildings would have a height up to 42 feet and 8 inches, the community building would have a height up to 39 feet and 11 inches, and commercial building would have a height up to 45 feet. These proposed buildings would represent a noticeable visual change from the existing conditions. “Size”, “scale” and “mass” are terms often used when describing how a building or project “fits” in relationship to its surroundings or neighboring properties. For this project, relative size and scale is best represented in the elevation (profile) illustrations from San Juan Road (see Figures 9a, 9b, and 9c).
Whether or not a project or structures are too large (or too small for that matter) is often a matter of opinion, as CEQA thresholds do not specifically speak to size as a significant impact. These issues ar e addressed by CEQA in terms of “visual character” from public viewpoints, as described in Impact (a) above, and also if the project is consistent with applicable zoning and other regulations governing scenic quality.
In term of local regulations, the project site is located in the City’s West Gateway area. The General Plan includes policies to improve the major entrances into the City with “landmark entry features, signs and gateways”. San Juan Road is one of the major entrances into Hollister and was originally built to function as part of SR 156. Today the corridor is transitioning to a new mixed-use designation. The City approved the West Gateway Streetscape beautification project to convert the former interstate roadway to a more pedestrian friendly “complete street” concept with a roundabout entry, landscaped median and the addition of on-street parking and a Class II bike path. The City is in the process of implementing this plan as the area redevelops, including plans to replace the signalized intersection of Graf Road with a roundabout and undergrounding utilities.
The project would result in eight three-story structures at a size and scale that would not be a significant deviation from the surrounding land uses and development pattern, including recent nearby projects that are 2 and 3 stories in size. The proposed architecture and articulation of building details is similar in variation and style to the residential development directly across San Juan Road. The building massing would be similar in size compared to its surroundings. The project would be required to comply with the Streetscape Beautification Plan along the project frontage.
Per Section 17.08.050 (Mixed Use Zoning District supplemental standards) of the Hollister Municipal Code, the maximum height allowed in West Gateway Mixed Use District is 50 feet. The proposed building would have a height up to 42 feet and 8 inches, which would be consistent with the height limitations for the project site outlined in Section 17.08.050 of the Hollister Municipal Code. Because the visual character of the site would be similar to the existing surrounding area and the proposed buildings would be within the allowed height limitations, the project would not conflict with adopted zoning. Additionally, the proposed project would be required to comply with the City’s design and development standards as outlined in the General Plan Land Use and Community Design Element and the Municipal Code. With compliance with E.3.c
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the City’s design and development standards and design review process, visual impacts in this regard would be less than significant.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. The proposed project would include outdoor lighting on the site typical of a mixed-use, multi-unit residential development. Hollister Municipal Code Section 17.16.090 outlines illumination standards that provide adequate lighting for safety and security; reduce light trespass, glare, skyglow impacts, and offensive light sources; prevent inappropriate, poorly designed or installed outdoor lighting; encourage quality lighting design, light fixture shielding, uniform light intensities, maximum lighting levels within and on property lines, and lighting controls; and promote efficient and cost-effective lighting to conserve energy. These lighting standards require that lighting be shielded with full cutoff s or recessed to reduce light bleed to adjoining properties, public rights-of-way, and the night sky by requiring the following: ensuring that the light source (bulb, etc.) is not visible from off the site; confining glare and reflections within the boundaries of the property; and requiring each light fixture to be directed downward and away from adjoining properties and public rights-of-way.
Although the project would result in development that would introduce new sources of nighttime lighting at the project site, compliance with the Hollister Municipal Code requirements result render any potential impacts less than significant.
The project, at 42 feet and 8 inches in height, may result in additional shade and shadow at adjacent land uses (mini mart and mobile home park). While the commercial use would not be sens itive to shadow, mobile home residents would likely be aware of increased shade and shadow caused by the project’s buildings, particularly in the late afternoon as the sun sets in the west. While this is not a specific CEQA topic with specific significance criteria, the effects of shadow could result in a noticeable environmental change, particularly in late afternoon.
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3.2 Agriculture and Forestry Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
X
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland, to
non-agricultural use or conversion of forest land
to non-forest use?
X
Existing Setting
The project area is identified as urban and built-up land on the State of California Important Farmland Map. Urban and built-up land is defined as land occupied by structures with a building density of at least one unit to a 1.5-acre parcel (or approximately six structures to a 10-acre parcel). Residential, industrial, institutional facilities, cemeteries, and sanitary landfills are common examples of Urban Built -Up Land.
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There is no designated farmland on or adjacent to the project site. The project site is also not subject to a Williamson Act contract.2
Discussion
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non -agricultural use? No Impact. The proposed project site and surrounding areas are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on the State of California Important Farmland Map. In addition, the project site is not located on prime agricultural land as identified in Map 15: Prime Farmland Areas of the Hollister General Plan.3 Therefore, no impact would occur with respect to conversion of documented agricultural lands to non-agricultural use. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The proposed project site is not currently zoned for agricultural use and is not under a Williamson Act contract. Therefore, no impacts would occur. c) Conflict with existing zoning for, or cause rezoning of, forest l and (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
No Impact. The project site is not currently zoned for forest land, timberland, or timberland zoned for production. Therefore, improvements planned as part of the proposed project would not conflict with existing zoning or cause rezoning of any such land. Therefore, no impacts would occur. d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. According to the US Forest Service Interactive Visitor Map, the project site and City of Hollister do not contain forest land.4 Therefore, no impact would occur with respect to changing forest land to a non-forest use.
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non -agricultural use or conversion of forest land to non- forest use?
No Impact. No designated agricultural or forest land is located within the project site. Therefore, no impacts would occur.
2 California, State of, Department of Conservation, Williamson Act/Land Conservation Act. Available at http://www.conservation.ca.gov/dlrp/lca . Accessed March 28, 2022. 3 City of Hollister. Hollister General Plan - Open Space and Agriculture Element. 4 US Forest Service, Interactive Visitor Map. Available at https://www.fs.fed.us/ivm/ . Accessed March 28, 2022.
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3.3 Air Quality
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Result in other emissions (such as those
leading to odors adversely affecting a
substantial number of people?
X
Existing Setting
The City of Hollister is located in the North Central Coast Air Basin (NCAAB). The NCCAB comprises a single air district, the Monterey Bay Air Resources District (MBARD), which encompasses Santa Cruz, San Benito, and Monterey counties.
Pollutants in the air can cause health problems, especially for children, the elderly, and people with heart or lung problems. Healthy adults may experience symptoms during periods of intense exercise. Pollutants can also cause damage to vegetation, animals, and property. Sensitive populations are more susceptible to the effects of air pollution than the general population. Sensitive receptors in proximity to localized sources of toxics are of particular concern. Land uses considered sensitive receptors include residences, schools, playgrounds, childcare centers, long‐term health care facilities, rehabilitation centers, convalescent centers, and retirement homes.
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The proposed project site is located along San Juan Road in the City of Hollister. The surrounding land uses are predominantly industrial, with residences to the east. Table 3-1: Sensitive Receptors lists the distances and locations of nearby sensitive receptors, which primarily include mobile home residences.
Table 3-1: Sensitive Receptors
Receptor Description Distance and Direction from the Project Site Mobile Home Residential Community 15 feet to the east
Single Family Residential Community 220 feet to the northeast Single Family Residential Community 370 feet to the north Single Family Residential Community 430 feet to the northwest Source: Google Earth Pro, 2022
Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. The MBARD’s 2008 CEQA Air Quality Guidelines provides criteria for determining cumulative impacts and consistency. The CEQA Air Quality Guidelines no te that a project which is inconsistent with an Air Quality Plan would have a significant cumulative impact on regional air quality. The proposed project’s construction and operation emissions would not exceed MBARD thresholds as noted below. The NCCAB is currently in non-attainment for State ozone and PM10 standards which represents an existing cumulatively significant impact within the NCCAB. Ozone precursors include reactive organic gases (ROG) and NOX. The project would not exceed quantitative thresholds for either of these ozone precursors. Similarly, PM10 thresholds also would not be exceeded for construction or operation of the project. The project is consistent with the Air Quality Management Plan for the Monterey Bay Region. Therefore, the project would not make a considerable contribution to this existing, cumulatively significant impact. This is a less than significant impact. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less than Significant Impact. Land use activities associated with project implementation would introduce additional construction, mobile, and stationary sources of emissions, which would adversely affect regional air quality.
Construction Emissions
Emissions produced during grading and construction activities are “short-term” because they would cease following completion of the initial development. Construction emissions would include the generation of fugitive dust, onsite generation of construction equipment exhaust emissions, and the off-site generation of mobile source emissions related to construction traffic.
Construction for the proposed project is anticipated to begin in the Summer 2022 and last approximately 23 months. Demolition, site preparation, and grading would occur first. The project would require approximately 272 tons of demolition for the existing building and pavement onsite. The proposed project would require grading of the entire project site over a period of approximately one month. Earthwork is estimated to be approximately 7,270 cubic yards (cy) of exported soil material. California Emissions E.3.c
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Estimator Model (CalEEMod) estimates that the project would generate up to 163 worker trips and 36 vendor trips per day for building construction. For grading, the model estimates approximately 909 hauling trips over 34 days which would result in approximately 27 daily hauling trip s. During the grading phase there would be approximately 15 daily worker trips. Therefore, a total of 42 daily trips would occur during the grading phase. Fugitive dust emissions are associated with land clearing, ground excavation, cut-and-fill operations, demolition, and truck travel on unpaved roadways. Dust emissions also vary substantially from day to day, depending on the level of activity, the specific operations, and weather conditions. Fugitive dust emissions that may have a substantial, temporary impact on local air quality. In addition, fugitive dust may be a nuisance to those living and working i n the project vicinity.
Fugitive dust from grading and construction is expected to be short-term and would cease following completion of the initial development. Additionally, most of this material is inert silicates and is less harmful to health than the complex organic particulates released from combustion sources. Dust (larger than ten microns) generated by such activities usually becomes more of a local nuisance than a serious health problem. Of particular health concern is the amount of PM10 generated as a part of fugitive dust emissions.
Particulate Matter
MBARD CEQA Guidelines state that construction activities (e.g., excavation, grading, on-site vehicles), which emit 82 pounds per day or more of PM10, would have a significant impact on local air quality when they are located nearby and upwind of sensitive receptors. Based on this emission threshold, construction activity occurring on more than 2.2 acres per day may result in significant PM10 emissions. The Basin is currently in non-attainment of the State PM10 standard. The Basin designation of non-attainment is based on exceedances measured at the Davenport, Moss Landing, Salinas, and King City monitoring stations.
As shown in Table 3-2: Construction-Related Emissions, construction emissions associated with the project would not exceed the 82 lbs/day threshold of significance for PM10 during the mass grading phase of construction activities.
Table 3-2: Construction-Related Emissions
Construction Year
Pollutant (pounds/day)
ROG NOx CO SO2 PM10 PM2.5
2022 3.23 33.13 21.51 0.47 10.16 5.84
2023 2.15 16.58 20.92 0.05 2.22 1.08
2024 50.36 16.87 23.08 0.05 2.45 1.13
MBARD Threshold --- --- --- --- 82 ---
Exceed MBARD Threshold? NA NA NA NA No NA
Notes:
1. The reduction/credits for construction emission mitigations are based on mitigation included in CalEEMod and as typically required by the MBARD (Basic Control Measures). The mitigation includes the following: replace ground cover on disturbed areas quickly, wate r exposed surfaces twice daily, and proper loading/unloading of mobile and other construction equipment.
Source: CalEEMod v. 2020.4.0 and Appendix A
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Given the proximity of sensitive receptors to the project site, implementation of the following standard conditions per MBARD CEQA guidelines would further ensure impacts would be reduced to a less than significant level for all construction activities on the project site. Impacts would be less than significant.
Standard Condition:
Reduce Fugitive Dust
The project applicant shall implement the following measures to minimize nuisance impact s and to significantly reduce fugitive dust emissions, and the project applicant shall require all of the following measures to be shown on grading and building plans:
▪ Limit grading to 8.1 acres per day, and grading and excavation to 2.2 acres per day. ▪ Water graded/excavated areas and active unpaved roadways, unpaved staging areas, and unpaved parking areas at least twice daily or apply non‐toxic chemical soil stabilization materials per manufacturer’s recommendations. Frequency should be based on the type of operations, soil and wind exposure.
▪ Prohibit all grading activities during periods of high wind (more than 15 mph). ▪ Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). ▪ Stabilize all disturbed soil areas not subject to using approved chemical soil binders, jute netting, or gravel for temporary roads and any other methods approved in advance by the APCD. ▪ Sow exposed ground areas that are planned to be reworked at dates greater than one month after initial grading with a fast germinating, non‐invasive grass seed, and water until vegetation is established.
▪ Plant vegetative ground cover in disturbed areas as soon as possible. ▪ Use street sweepers, water trucks, or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Reclaimed (non‐potable) water should be used whenever possible.
▪ Spray dirt stockpile areas daily as needed.
▪ Place gravel on all roadways and driveways as soon as possible after grading. In addition, construct building pads as soon as possible after grading unless seeding, soil binders, or frequent water application are used.
▪ Not exceed a 15 mph vehicle speed for all construction vehicles on any unpaved surface at the construction site.
▪ Cover or maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) on all trucks hauling dirt, sand, soil, or other loose materials in accordance with California Vehicle Code Section 23114.
▪ Limit unpaved road travel to the extent possible, for example, by limiting the travel to and from unpaved areas, by coordinating movement between work areas rather than to central staging areas, and by busing workers where feasible.
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▪ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and inspect vehicle tires to ensure free of soil prior to carry‐out to paved roadways.
▪ Sweep streets at the end of each day, or as needed, if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible.
Operational Emissions
Operational emissions for mixed-use developments are typically generated from mobile sources (burning of fossil fuels in cars); energy sources (cooling, heating, and cooking); and area sources (landscape equipment and household products). Table 3-3: Operational Emissions shows that the proposed project's maximum emissions would not exceed MBARD operational thresholds.
Table 3-3: Operational Emissions
Emissions Source
Pollutant (maximum pounds per day)1
ROG NOX CO PM10 SOx
Area 4.44 0.15 12.98 0.07 0.001
Energy 0.04 0.33 0.14 0.03 0.002
Mobile 3.11 5.86 27.05 5.90 0.06
Total Project Emissions 7.60 6.34 40.17 6.00 0.07
MBARD Significance Threshold2 137 137 5501 82 150
MBARD Threshold Exceeded? No No No No No
Notes:
Area source emissions include natural gas fuel combustion, landscape fuel combustion, consumer products, and architectural coatings. (1) Applies to Area Source (Direct) emissions of Carbon Monoxide only.
Source: Refer to the CalEEMod outputs provided in Appendix A.
Area Source Emissions. Area source emissions are generally a function of land use (e.g., number of single- family residential units), activity (e.g., fuel use per residential unit), and emission factor (e.g., mass of pollutant emitted per fuel usage). These include the following:
▪ Hearth fuel combustion. This source includes wood stoves, wood fireplaces, and natural gas-fired stoves. The proposed project does not include any of these sources. ▪ Landscape fuel combustion. This source includes exhaust and evaporative emissions from landscaping equipment including lawnmowers, rototillers, shredders/grinders, trimmers, chain saws, and hedge trimmers, used in residential and commercial applications. ▪ Consumer products. This source category comprises a wide range of products including air fresheners, automotive products, household cleaners, and personal care products. ▪ Architectural coatings. This source includes ROG emissions resulting from the evaporation of solvents contained in paints, varnishes, primers, and other surface coatings, from residential and nonresidential structures.
Energy Source Emissions. Energy source emissions would be generated as a result of electricity and natural gas (non-hearth) usage associated with the proposed project. The primary use of electricity and natural gas by the project would be for space heating and cooling, water heating, ventilation, lighting, appliances, E.3.c
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and electronics. Electric-power generating plants are distributed throughout the Basin, and their emissions contribute to the total regional pollutant burden.
Mobile Sources Emissions. Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Depending upon the pollutant bei ng discussed, the potential air quality impact may be of either regional or local concern. For example, ROG, NOX, PM10, and PM2.5 are all pollutants of regional concern (NOX and ROG react with sunlight to form O3 [photochemical smog], and wind currents readily transport PM10 and PM2.5). However, CO tends to be a localized pollutant, dispersing rapidly at the source.
Project-generated vehicle emissions have been estimated using CalEEMod. Trip generation rates associated with the proposed project were based on the proposed project Transportation Analysis prepared by Kimley-Horn (2022) see Appendix H. Based on the Transportation Analysis, the proposed project would result in a gross total of 915 daily vehicle trips. However, with applicable trip reductions including internal capture and pass-by reduction the proposed project would result in a net of 8 68 new trips.
Total Operational Emissions. As indicated in Table 3-3, project operational emissions would not exceed MBARD thresholds. Therefore, the proposed project would not violate any air quality standards or contribute substantially to an existing or projected air quality violation and no criteria pollutant health impacts would occur. Project operational emissions would be less than significant.
Cumulative Short-Term Emissions
The Basin is currently in non-attainment for State ozone and PM10 standards which represents an existing cumulatively significant impact within the Basin. As discussed above, the Project’s construction -related emissions by themselves would not have the potential to exceed the MBARD significance thresholds for criteria pollutants.
Since these thresholds indicate whether an individual project’s emissions have the potential to affect cumulative regional air quality, it can be expected that the Project-related construction emissions would be cumulatively considerable. The Project would implement SC AQ-1 to reduce PM10 emissions consistent with MBARD recommendations. With implementation of MBARD construction-related mitigation requirements, Project emissions would be below thresholds and would not result in cumulative impacts at a Basin-wide level. As a result, construction emissions associated with the Project would not result in a cumulatively considerable contribution to significant cumulative air quality impacts.
Cumulative Long-Term Impacts
MBARD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. MBARD developed the operational thresholds of significance based on the level above which a project’s individual emissions would result in a cumulatively considerable contribution to the Basin’s existing air quality conditions.
Therefore, a project that exceeds MBARD operational thresholds would also be a cumulatively considerable contribution to a significant cumulative impact.
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As shown in Table 3-3, the proposed project’s operational emissions would not exceed MBARD thresholds.
As a result, operational emissions associated with the proposed project would not result in a cumulatively considerable contribution to significant cumulative air quality impacts. c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive land uses are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The nearest sensitive receptors to the project site are the adjacent residences approximately 15 feet to the east. A complete list of nearby sensitive receptors is detailed in Table 3-1.
Construction-Related Diesel Particulate Matter
Construction would result in the generation of DPM emissions from the use of off-road diesel equipment required. The amount to which the receptors are exposed (a function of concentration and duration of exposure) is the primary factor used to determine health risk (i.e., potential exposure to TAC emission levels that exceed applicable standards). Health-related risks associated with diesel-exhaust emissions are primarily linked to long-term exposure and the associated risk of contracting cancer.
The use of diesel-powered construction equipment would be temporary and episodic. The duration of exposure would be short and exhaust from construction equipment dissipates rapidly. Current models and methodologies for conducting health risk assessments are associated with longer-term exposure periods of 9, 30, and 70 years, which do not correlate well with the temporary and highly variable nature of construction activities. The California Office of Environmental Health Hazard Assessment has not identified short-term health effects from DPM. Construction is temporary and would be transient throughout the site (i.e., move from location to location) and would not generate emissions in a fixed location for extended periods of time which would limit the exposure of any proximate individual sensitive receptor to TACs.
Additionally, construction is subject to and would comply with California regulations (e.g., California Code of Regulations, Title 13, Sections 2485 and 2449), which reduce diesel PM and criteria pollutant emissions from in-use off-road diesel-fueled vehicles and limit the idling of heavy-duty construction equipment to no more than five minutes. These regulations would further reduce nearby sensitive receptors’ exposure to temporary and variable DPM emissions. Given the temporary and intermittent nature of construction activities likely to occur within specific locations in the Project site (i.e., construction is not likely to occur in any one location for an extended time), the dose of DPM of any one receptor is exposed to would be limited.
Therefore, considering the distance to sensitive receptors, the relatively short duration of DPM-emitting construction activity at any one location, and the highly dispersive properties of DPM, sensitive receptors would not be exposed to substantial concentrations of construction-related TAC emissions. Impacts would be less than significant.
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Toxic Air Contaminants
The proposed project will not create a significant hazard to surrounding residents and other sensitive receptors through exposure to substantial pollutant concentrations such as particulate matter during construction activities and/or other toxic air contaminants (TACs).
Sensitive land uses are generally defined as locations where people reside or where the presence of air emissions could adversely affect the use of the land. Typical sensitive receptors include residents, schoolchildren, hospital patients, and the elderly. The nearest residential uses are located approximately 15 feet east of the project site. However, the project would not produce concentrations of TACs; therefore, there will be no impact regarding stationary or mobile TACs.
Carbon Monoxide Hotspots
Local air quality is a major concern along roadways. CO is a primary pollutant, and unlike ozone, is directly emitted from a variety of sources. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of its impacts upon the local air quality. Areas of vehicle congestion have the potential to create “pockets” of CO called “hot spots.” These pockets have the potential to exceed the 1-hour CAAQS of 20 parts per million (ppm) and/or the 8 -hour CAAQS of 9 ppm.
To identify CO hotspots, MBARD criterion recommends performing a CO hotspot analysis when:
▪ Intersections or road segments that operate at LOS D or better that would operate at LOS E or F with the project's traffic,
▪ Intersections or road segments that operate at LOS E or F where the volume-to-capacity (V/C) ratio would increase 0.05 or more with the project’s traffic, ▪ Intersections that operate at LOS E or F where delay would increase by 10 seconds or more with the project’s traffic,
▪ Unsignalized intersections which operate at LOS E or F where the reserve capacity would decrease by 50 or more with the project’s traffic. This criterion is based on the turning movement with the worst reserve capacity, or
▪ Project would generate substantial heavy duty truck traffic or generate substantial traffic along urban street canyons or near a major stationary source of CO.
According to the Transportation Impacts Analysis (2022) for the proposed project, the project would generate a net of 868 daily trips. The traffic analysis includes three scenarios. For all three scenarios the only intersection that shows a decrease in LOS is San Juan Road and Project Driveway at the worst approach. In the Cumulative scenario the LOS would decrease from LOS C in the AM and PM to LOS D in the AM and E in the PM peak. However, in all cases the inadequate queue lengths are not associated with the project, but are a result of pre-existing deficiencies. Since the project did not increase the queue by at least one vehicle length (i.e., 25 feet) it is not considered a new deficiency. Therefore, impacts related to carbon monoxide would be less than significant.
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d) Result in other emissions such as those leading to odors adversely affect ing a substantial number of people?
Construction
Less than Significant Impact. According to the BAAQMD, land uses associated with odor complaints typically include wastewater treatment plants, landfills, confined animal facilities, composting stations, food manufacturing plants, refineries, and chemical plants. The proposed project does not include any uses identified by the MBARD as being associated with odors.
Construction activities associated with the proposed project may generate detectable odors from heavy duty equipment (i.e., diesel exhaust), as well as from architectural coatings and asphalt off-gassing. Odors generated from the referenced sources are common in the man-made environment and are not known to be substantially offensive to adjacent receptors. Any construction-related odors would be short-term in nature and cease upon project completion. As a result, impacts to existing adjacent land uses from construction-related odors would be short-term in duration and therefore would be less than significant.
Operational
Less than Significant Impact. The occurrence and severity of odor impacts depends on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of the receptors. While offensive odors rarely cause physical harm, they can still be unpleasant, leading to considerable distress among the public and often generating citizen complaints to local governments and regulatory agencies. Projects with the potential to frequently expose members of the public to objectionable odors would be deemed to violate the MBARD standards.
MBARD enforces permit and nuisance rules to control odorous emissions from stationary sources. For instance, MBARD Rule 402 (Nuisances) prohibits the discharge of air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to any considerable numbers of persons. Given these regulations there would be a less than significant impact.
With respect to odor impacts from adjacent and nearby properties that could affect project guests, land uses typically producing objectionable odors include agricultural uses, wastewater treatment facilities, waste-disposal facilities, food processing plants, chemical plants, composting, refineries, landfill s, dairies, and fiberglass molding. Agricultural and automotive-repair uses are located near the project site, including nearby agricultural wastewater ponds. The ponds, according to City staff, are subject to an active discharge permit that limits the potential for odors. As the project would include uses consistent with surrounding area and would be required to comply with MBARD Rules, impacts would be less than significant.
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3.4 Biological Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
X
Existing Setting
Kimley-Horn staff conducted field observations of the project site on June 29, 2020 to characterize the biological baseline on and adjacent to the proposed project. The evaluation involved a reconnaissance- level survey of site conditions and informal tree survey. Studies for nearby projects were also reviewed to E.3.c
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obtain baseline habitat and species data that may potentially be present. No formal plant or wildlife surveys were conducted.
The project site is located in the Central Coast bioregion. The site is currently vacant and covered in native and non-native grasses, low shrubs, and approximately six mature trees, which include a mix of eucalyptus, pepper tree, and oak. The six trees are located in the southern portion of the project site, more specifically the trees are along the fence of the neighboring property to the southwest and on the southeastern portion of the project site.
The dominant habitat type is ruderal. Ruderal areas have had visible disturbance of soil or vegetation and are mostly bare and colonized by weeds and disturbance-tolerant non-natives, such as fiddleneck (Amsinckia sp.), wild radish (Raphanus sativa), field mustards (Hirschfeldia spp., Brassica spp.), cheeseweed (Malva parviflora), annual grasses and filaree (Erodium cicutatium). No special status plants are expected to occur in the project area based on the findings of nearby biological resource studies.
There are no creeks, rivers, or water bodies located on or directly adjacent to the project site. The closest water body is the San Benito River, approximately 0.25 miles to the southwest. As described in more detail below, special status wildlife species that have the potential to be present in the habitats of the nearby San Benito River area include: California tiger salamander, California red legged frog, Western spadefoot, Burrowing Owl, San Joaquin Coachwhip, Western Pond turtle, American badger, Pallid bat, Townsend’s big-eared bat, western mastiff bat, and western red bat, Coast range newt and nesting migratory birds, raptors and other protected birds.5 However, no sensitive natural communities were observed at the project site.
The “Hollister Industrial Ponds” (i.e. the Hollister Water Reclamation Facility) is listed as a hot spot on ebird, with 112 species observed (2019). Along the San Benito River, species recently observed included northern mockingbird (Mimus polyglottos), black phoebe (Sayornis nigricans), European starling (Sturnus vulgaris), mourning dove (Zenaida macroura), and red-tailed hawk (Buteo jamaicensis).
Special-Status Species
Candidate, sensitive, or special-status species are commonly characterized as species that are at potential risk or actual risk to their persistence in a given area or across their range. These species have been identified and assigned a status ranking by governmental agencies such as the CDFW, the USFWS, and nongovernmental organizations such as the CNPS. The degree to which a species is at risk of extinction is the determining factor in the assignment of a status ranking. Some common threats to a species or population’s persistence include habitat loss, degradation, and fragmentation, as well as human conflict and intrusion. For the purposes of this biological review, special‐status species are defined by the following codes:
▪ Listed, proposed, or candidates for listing under the federal Endangered Species Act (50 Code of Federal Regulations [CFR] 17.11 – listed; 61 Federal Register [FR] 7591, February 28, 1996, candidates)
5 To identify special status species in the vicinity of the project site, this analysis referenced the Supplemental Mitigated Negative Declaration for the San Benito River Greenway Project (SCH #2008121118) for special species to potentially occur in the vicinity of the San Benito River.
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▪ Listed or proposed for listing under the California Endangered Species Act (Fish and Game Code [FGC] 1992 Section 2050 et seq.; 14 California Code of Regulations [CCR] Section 670.1 et seq.) ▪ Designated as Species of Special Concern by the CDFW
▪ Designated as Fully Protected by the CDFW (FGC Sections 3511, 4700, 5050, 5515) ▪ Species that meet the definition of rare or endangered under the California Environmental Quality Act (CEQA) (14 CCR Section 15380) including CNPS List Rank 1B and 2 As noted previously, no special status plants are expected to be present in this location. The discussion of special status species therefore focused on wildlife.
Discussion
a) Have a substantial adverse effect, either directly or through habitat modification s, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less than Significant with Mitigation Incorporated. The biological resource assessment for the San Benito River Greenway trail project (2018) identified fifteen special status wildlife species have potential to occur within the immediate area based upon known ranges, habitat preferences, species occurrence records in the vicinity, and presence of suitable habitat. However, the river trail project is located along the bank of and immediately adjacent to the San Benito River. The ruderal habitat of the San Juan apartments project site, by comparison, lacks several of the habitat types and characteristics that would support wetland - dependent special status species or quality upland habitat. The site does not contain or is adjacent to pools, riparian areas, ponds or other undisturbed habitats that would support species such as California Tiger Salamander (CTS) or California red legged frog (CRLF). The site is a disturbed field surrounded by urban uses on three sides, and industrial and agricultural wastewater ponds on the fourth side. According to the biological assessment for the river trail project, these ponds are frequently disturbed, do not present quality habitat for special status species, and serve as a barrier for movement of species such as CTS.
Despite the disturbed condition of the site, there is the potential for several other species to be present.
Based on known regional occurrences and potential special status wildlife species known to occur in the San Benito River area, Burrowing Owl, San Joaquin Coachwhip, local bat species and nesting special status species of birds, raptors and other protected birds could have the potential to occur on the project site given the site’s proximity to the San Benito River. To avoid potential impacts associated with project construction the following mitigation measures would be required to reduce impacts to special status species in the San Benito River area to a less than significant level.
Mitigation Measures
Burrowing Owl
MM BIO-1 a. A qualified biologist shall conduct a pre-construction survey less than 30 days prior to construction within the project site in accordance with the CDFW burrowing owl survey E.3.c
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protocol (CDFG 1995). If no burrowing owls or signs of their presence are detected in the vicinity of the project site during the pre-construction survey, a letter report documenting survey methods and findings shall be submitted to the City of Hollister and CDFW, and no further mitigation is required.
b. If unoccupied burrows are detected during the non-breeding season (September through January 31), the applicant may collapse the unoccupied burrows, or otherwise obstruct their entrances to prevent owls from entering and nesting in the burrows. c. If occupied burrowing owl burrows are detected, impacts on burrows shall be avoided by providing a buffer of 160 feet during the non-breeding season (September 1 through January 31) or 250 feet during the breeding season (February 1 through August 31). The size of the buffer area may be adjusted if a qualified biologist or the CDFW determine the burrowing owl would not likely be affected by the Proposed Project. Project activities shall not commence within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 7.5 acres of foraging habitat contiguous to the burrow shall be maintained per pair until the breeding season is finished.
d. If impacts to occupied burrows are unavoidable, onsite passive relocation techniques approved by the CDFW shall be used to encourage burrowing owls to move to alternative burrows outside of the project site. No occupied burrows shall be disturbed during the nesting season unless a qualified biologist verifies through non-invasive methods that juveniles from the occupied burrows are foraging independently and are capable of independent survival. Mitigation for foraging habitat for relocated pairs shall follow the guidelines provided in the California Burrowing Owl Survey Protocol and Mitigation Guidelines (Burrowing Owl Consortium, 1995). The mitigation for foraging habitat for relocated pairs ranges from 7.5 to 19.5 acres per pair.
San Joaquin Coachwhip
MM BIO-2 If construction activities are to occur between March to October, then a qualified biologist shall conduct pre-construction San Joaquin whipsnake surveys for active dens (within mammal burrows and stockpiles) before any construction activities occur in or adjacent to suitable den habitat. The surveys shall be conducted within 14 days prior to initia tion of construction activities. Should San Joaquin whipsnake be observed within the project site, the biologist shall note the location on a map and resurvey the site prior to commencement of construction activities ensure the snake vacated the area. Should the San Joaquin whipsnake still be present, then a 50-foot buffer around the location shall be established and construction activities shall be prohibited within the buffer zone until the snake has vacated the project site.
Nesting Special Status Birds, Raptors and Other Protected Birds MM BIO-3 For construction activities occurring during the nesting season (generally February 1 to August 31), surveys for nesting birds covered by the CFGC (including, but not limited to, tricolored blackbird, Cooper’s hawk, and white-tailed kite) shall be conducted by a qualified biologist no more than 14 days prior to initiation of construction activities, including construction staging and vegetation removal. The surveys shall include the E.3.c
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entire disturbance areas plus a 100-foot area south of the site (where no development exists). If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 150 feet for raptor species.
Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The biologist shall have full discretion for establishing a suitable buffer. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buffer.
Special Status Bats
MM BIO-4 a. A qualified wildlife biologist shall conduct pre-construction surveys for special-status Townsend’s big-eared bat and western red bat in the vicinity of existing trees and shed structure no more than 14 days prior to commencement of construction activities. If no active roosts or evidence of Townsend’s big-eared bat and western red bat presence are detected during these surveys, no additional mitigation is required. b. Should Townsend’s big-eared bat or western red bat individuals or their active roosts be detected during the pre-construction survey, the staging area should be situated at least 100 feet from the roost. Construction activities should be carried out in a short timeframe within 100 feet of the roost.
Implementation of these mitigation measures would reduce impacts to a less than significant level. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?
Less than Significant Impact. As discussed above, the project site is currently a vacant and previously disturbed, adjacent to development on three sides. The project site is not located within any designated critical habitat areas and does not contain any riparian habitat or other sensitive natural community as identified in any local or regional plans, policies or regulations. Impacts with respect to riparian habitat or sensitive natural communities are less than significant. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological? No Impact. No wetlands or other jurisdictional waters were observed on the site during the June 2020 field reconnaissance. There are no tributaries or water bodies on the property that meet the technical criteria for a wetland. Based on the reconnaissance-level survey and historical aerials reviewed, jurisdictional waters appear to be absent from the site. The nearby industrial and agricultural wastewater ponds do not constitute suitable wetland habitat. Therefore, the project would have no impact to federally protected wetlands.
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d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant with Mitigation Incorporated. Wildlife corridors refer to established migration routes commonly used by resident and migratory species for passage from one geographic location to another. Movement corridors may provide favorable locations for wildlife to travel between diff erent habitat areas, such as foraging sites, breeding sites, cover areas, and preferred summer and winter range locations. They may also function as dispersal corridors allowing animals to move between various locations within their range. The project site is vacant and consists of ruderal habitat that is isolated by development and agriculture from other areas of natural habitats occurring on all sides.
There are approximately six trees located on the project site. While use of the trees for raptor nesting is unlikely due to the size of the trees and limited cover provided, migratory birds could use the trees for nesting. The Migratory Bird Treaty Act of 1918 and California Fish and Game Code Sections 3503 and 3503.5 protects raptors and their nests. The species could be potentially disturbed during tree removal and construction activities. However, with implementation of Mitigation Measure BIO-3 provided above, the project’s impact to nesting birds and raptors would be less than significant. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. The project would result in the removal of the six existing trees on site.
These trees may provide temporary cover or foraging habitat for common bird species and are subject to the City’s tree care guidelines and tree removal regulations. The project would plant 190 trees throughout the site as shown in Figure 6. The project’s landscaping plan would establish replacement trees of similar type or from the City’s Master Tree List to offset the loss of existing trees caused by the project. The overall plant palette would be comprised of plant materials and trees known to thrive in the local climate and soil conditions. The proposed project would not conflict with the Hollister Municipal Code, nor would it conflict with any of the policies described in the Hollister General Plan that protect biological resources.
The project would not conflict with any local policies or ordinances protecting biological resources , such as a tree preservation policy or ordinance. As such, a less than significant impact would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation pla n? No Impact. There are currently no other adopted or proposed habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans that affect the proposed project. Therefore, no impact would occur.
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3.5 Cultural Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant
to in § 15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
X
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
X
A cultural resources assessment was prepared for the project (Dudek 2020). The assessment includes a records search of the California Historical Resource Information system (CHRIS) for known cultural resources, a Sacred Lands File (SLF) search through the Native American Heritage Commission (NAHC), outreach to local Native American groups and local historical societies, and an intensive pedestrian survey of the project location for evidence of unknown cultural resources. The cultural resources assessment is provided in Appendix B and information from the report is summarized throughout this subsection.
Existing Setting
In order to identify cultural resources potentially affected by the project, Dudek defined a records search study area that included the project area and a 0.25-mile buffer for resources and cultural studies.
Historical period resources identified within the project area include one agricultural ancillary building (P- 35-000564) located in the west central portion of the project site. The structure identified on the project site was recorded in 2013 and was found not eligible for the California Register of Historical Resources (CRHP). In addition, the structure is not listed in the California (San Benito County) Built Environment Resource Directory (BERD) and does not have a local historic resource designation under City Municipal Code Chapter 15.16 (Historic Resources). This building is currently abandoned and appears to be in same condition as it was in 2013.
Resources identified in proximity to the project site include one single-family building (P-35-000534) located approximately 200 feet north of the project site. This resource is not eligible for the National Register of Historic Places (NRHP) and/or California Register of Historic Resources (CRHR), and therefore was not recommended as eligible as a historical property for either the CRHR or NRHP.
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Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant to in § 15064.5?
Less than Significant Impact. The project site is primarily vacant except for an existing abandoned metal clad barn structure on the western portion of the site. According to the CHRIS results, the structure is recorded as an agricultural ancillary building with a gabled roof and metal frame structure. The site record notes the age of the building as approximately 1930s. The structure is not eligible for the CRHR, not listed in the County’s BERD database or listed as a local historic resource in the City Municipal Code resources.
In addition, the structure is unused and in need of structural repairs. For these reasons, demolition and removal of the structure to construct the project would have a less than significant impact on historic structures.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
Less than Significant with Mitigation Incorporated. The project would involve excavation for development of eight 3-story buildings with commercial, residential, and community space. . According to Figure 15, Zones of Archaeological Sensitivity in the General Plan EIR, the project site is located within an area of greater sensitivity. However, the intensive pedestrian survey conducted as part of the Cultural Resources Assessment in August 2020 found no evidence for previously unknown cultural resources.
Specifically, no archaeological soil evidence or material commonly used as raw materials for prehistoric tool manufacture such as chert and obsidian were observed.
Based on the results of the cultural resource assessment, there is a low potential for encountering cultural resources in the project area. However, there is always a possibility that previously unknown unrecorded archaeological resources could be inadvertently discovered during ground disturbing construction operations. Therefore, the project could have a significant impact on archaeological resources. P ursuant to Public Resource Code (PRC) Section 21083.2, should any cultural resources be encountered during construction, all work would cease until the find has been evaluated and Mitigation Measure MM CUL-1 is implemented to protect any cultural find. Compliance with PRC Section 21083.2 and corresponding mitigation measures below would ensure the project would mitigate this potential impact.
Mitigation Measures
Cultural and Tribal Resources
MM CUL-1 During project construction, if any archeological, paleontological or tribal resources (e.g., evidence of past human habitation or fossils) are found, the project applicant and/or its contractor shall cease all work within 50 feet of the discovery and notify the City of Hollister Planning Division immediately. The project applicant and/or its contractor shall retain a qualified archaeologist, paleontologist and Native American representative to evaluate the finds and recommend appropriate mitigation measures for the inadvertently discovered resources. The City and the applicant shall consider the mitigation recommendations and agree on implementation of the measure(s) that are feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, E.3.c
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documentation, curation, or other appropriate measures. (Health and Safety Code Section 7050.5)
Implementation of MM CUL-1 would reduce impacts to archaeological resources to a less than significant level.
c) Disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant with Mitigation Incorporated. Based on the Cultural Resource Assessment, no evidence suggests that any prehistoric or historic-era marked or un-marked human interments are present within or in the immediate vicinity of the project area. However, there is the remote possibility that previously unknown Native American or other graves could be present and be inadvertently uncovered during construction activities. California law recognizes the need to protect historic-era and Native American human burials, skeletal remains, and grave -associated items from vandalism and inadvertent destruction and any substantial change to or destruction of these resources would be a significant impact. Therefore, the City would require the project to comply with all applicable regulatory programs pertaining to subsurface cultural resources including the above-mentioned MM CUL-1 and following MM CUL-2 for avoiding and reducing impacts if human remains are encountered.
Mitigation Measures
Cultural and Tribal Resources
MM CUL-2 If human remains or cultural resources associated with a burial (i.e. grave goods) are discovered during construction, the project applicant and/or its contractor shall cease all work within 50 feet of the find and notify the City of Hollister Planning Division and the County Coroner, according to California Health and Safety Code Section 7050.5. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission and shall follow the procedures outlined in CEQA Guidelines Section 15064.5(d) and (e) regarding treatment and disposition of recovered cultural items. The Commission will designate a Most Likely Descendant (MLD) who will be authorized to provide recommendations for management of the Native American human remains and any associated materials or objects (Public Resourced Code Section 5097.98 and Health and Safety Code Section 7050.5).
Implementation of MM CUL-1 and CUL-2 would reduce impacts on human remains to a less than significant level by requiring that work cease immediately and ensuring the appropriate procedures are followed in the event of an unanticipated discovery of human remains during project construction.
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3.6 Energy
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?
X
e) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? X
Existing Setting
Pacific Gas and Electric Company (PG&E) is the City’s energy utility provider, furnishing both natural gas and electricity for residential, commercial, industrial, and municipal uses. PG&E generates or buys electricity from hydroelectric, nuclear, renewable, natural gas, and coal facilities. In 2022, PG&E’s electric power was produced by renewable sources (50 percent - including solar, wind, geothermal, biomass, and small hydroelectric), nuclear plants (39 percent), natural gas facilities (7 percent), and large hydroelectric plants (4 percent).6
Discussion
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Construction
Less Than Significant Impact. The energy consumption associated with construction of the proposed project includes primarily diesel fuel consumption from on-road hauling trips and off-road construction diesel equipment, and gasoline consumption from on-road worker commute and vendor trips. Temporary electric power for as-necessary lighting and electronic equipment (such as computers inside temporary construction trailers, and heating, ventilation, and air conditioning) would be powered by a generator.
The amount of electricity used during construction would be minimal; typical demand would stem from the use of electrically powered hand tools and several construction trailers by managerial staff during the hours of construction activities. The majority of the energy used during construction would be from petroleum. This analysis relies on the construction equipment list and operational characteristics, as stated in Section 3.3, Air Quality and Section 3.8, Greenhouse Gas Emissions, as well as Appendix A and C of this Initial Study. Table 3-4: Project Energy Consumption During Construction quantifies the
6 Pacific Gas and Electric, Exploring Clean Energy Solutions, https://www.pge.com/en_US/about-pge/environment/what-we-are-doing/clean- energy-solutions/clean-energy-solutions.page?WT.mc_id=Vanity_cleanenergy, Accessed April 19, 2022.
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construction energy consumption are provided for the proposed project, followed by an analysis of impacts based on those quantifications.
Table 3-4: Project Energy Consumption During Construction Source Project Construction
Usage
San Benito County
Annual Energy
Consumption
Percentage Increase
Countywide
Electricity Use Megawatt Hours (MWh)
Water Use1 6.98 390,671 0.002%
Diesel Use Gallons
On-Road Construction Trips 2 18,286
23,255,605
0.079%
Off-Road Construction Equipment 3 59,172 0.254%
Construction Diesel Total 77,458 0.333%
Gasoline Gallons
On-Road Construction Trips 2 25,606 27,611,047 0.093%
1. Construction water use based on acres disturbed per day per construction sequencing and estimated water use per acre.
2. On-road mobile source fuel use based on vehicle miles traveled (VMT) from CalEEMod and fleet -average fuel consumption in gallons per mile from EMFAC2021 in San Benito County for construction year 2022.
3. Off-road mobile source fuel usage based on a fu el usage rate of 0.05 gallons of diesel per horsepower (hp)-hour from USEPA.
Abbreviations:
CalEEMod: California Emission Estimation Model; EMFAC: Emission Factor Model 2017 Sources: Appendix C: Energy Calculations
In total, construction of the proposed project would consume approximately 77,458 gallons of diesel and 25,606 gallons of gasoline. The proposed project’s fuel from the entire construction period would increase fuel use in the County by approximately 0.33 percent for diesel and 0.09 percent for gasoline.
There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy-efficient than at comparable construction sites in the region or state. In addition, some incidental energy conservation would occur during construction through compliance with State requirements that equipment not in use for more than five minutes be turned off. Project construction equipment would also be required to comply with the latest EPA and CARB engine emissions standards. These engines use highly efficient combustion engines to minimize unnecessary fuel consumption.
The CEQA Guideline Appendix G and Appendix F criteria requires the proposed project’s effects on local and regional energy supplies and on the requirements for additional capacity to be addressed. A 0.40 percent increase in construction fuel demand is not anticipated to trigger the need for additional capacity.
Fuel consumption is based on a conservative construction phasing and conservative estimates for annual construction fuel consumption. Longer phases would result in lower construction intensity and a lower annual fuel consumption, resulting in lower annual demand on energy supplies. Additionally, use of construction fuel would cease once the pr oposed project is fully developed. As such, project construction would have a nominal effect on the local and regional energy supplies. Therefore, it is expected that construction fuel consumption associated with the proposed project would not be inefficient, wasteful, E.3.c
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or unnecessary. The proposed project would not substantially affect existing energy or fuel supplies, or resources and new capacity would not be required. Impacts would be less than significant in this regard.
Operational
Less Than Significant Impact. The energy consumption would include building electricity, water, and natural gas usage, as well as fuel usage from on-road vehicles. Note that this energy resources analysis is consistent with the analysis presented in Section 3.3, Air Quality, and Section 3.8, Greenhouse Gases.
Quantifications of operational energy consumption are provided for the project in Table 3-5: Annual Energy Consumption During Operations below.
Table 3-5: Annual Energy Consumption During Operations
Source
Project Operational
Usage
San Benito County
Annual Energy
Consumption
Percentage
Increase
Countywide
Electricity Use Megawatt Hour/Year (MWh/year)
Area 1 688
390,671
0.18%
Water 80 0.02%
Total Electricity 768 0.20%
Natural Gas Use Therms/year
Area 1 13,250 15,012,815 0.09%
Diesel Use Gallons/Year
Mobile 2 81,145 23,071,011 0.35%
Gasoline Use Gallons/Year
Mobile 2 101,082 27,486,528 0.37%
Notes:
1. The electricity and natural gas usage are based on project-specific estimates and CalEEMod defaults.
2. Calculated based on the mobile source fuel use based on vehicle miles traveled (VMT) and fleet - average fuel consumption (in gallons per mile) from EMFAC2021 for operational year 2024.
Abbreviations: CalEEMod: California Emission Estimation Model; EMFA C2017: California Air Resources Board Emission Factor Model
Operation of uses implemented pursuant to the proposed project would annually consume approximately 768 MWh of electricity, 13,250 therms of natural gas, 81,145 gallons of diesel, and 101,082 gallons of gasoline.
PG&E provides electricity to the proposed project area. The proposed project site is expected to continue to be served by the existing PG&E electrical facilities. Total electricity demand in PG&E’s service area is forecast to increase by approximately 12,000 GWh—or 12 billion kWh—between 2016 and 2028.7 The proposed project’s anticipated electricity demand (approximately 1,215 MWh) would be nominal compared to overall demand in PG&E’s service area. Therefore, the projected electrical demand would not significantly impact PG&E’s level of service.
7 California Energy Commission, California Energy Demand 2018-2030 Revised Forecast, Figure 49 Historical and Projected Baseline Consumption PG&E Planning Area, https://efiling.energy.ca.gov/getdocument.aspx?tn=223244 , Accessed April 19, 2022.
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Regarding natural gas, San Benito County is projected to consume 15,012,815 therms of natural gas in 2024. Therefore, the proposed project’s operational energy consumption for space and water heating would represent 0.09 percent of the natural gas consumption in the County.
In 2022, Californians are estimated to consume approximately 15,355,377,116 gallons of gasoline and approximately 3,683,414,417 gallons of diesel fuel.8 San Benito County annual gasoline fuel use in 2024 is anticipated to be approximately 27,486,528 gallons and diesel fuel use is anticipated to be 23,071,011 gallons. Expected project operational use of gasoline and diesel would represent 0.37 percent of the anticipated gasoline use and 0.35 percent of anticipated diesel use in the County.
It should also be noted that the proposed project design and materials would comply with the 2019 Building Energy Efficiency Standards, which went into effect on January 1, 2020, and/or future 2019 Building Energy Efficiency Standards depending on when construction permits are issued. Prior to issuance of a building permit, the City of Hollister would review and verify that the proposed project plans demonstrate compliance with the current version of the Building and Energy Efficiency Standards. Title 24 standards require energy conservation features in new construction (e.g., high- efficiency lighting, high- efficiency heating, ventilating, and air-conditioning (HVAC) systems, thermal insulation, double-glazed windows, water conserving plumbing fixtures).
Although the proposed project does not include on -site renewable energy resources, the proposed building would conform to the City’s Green Building Measures. Additionally, the proposed project would also be required adhere to the provisions of CALGreen, which establishes planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation, material conservation, and internal air contaminants. The insulation and design code requirements would minimize wasteful energy consumption.
None of the project energy uses exceed one percent of San Benito County use. Therefore, project operations would not substantially affect existing energy or fuel supplies or resources. The proposed project would comply with applicable energy standards and new capacity would not be required. Impacts would be less than significant in this regard.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. As stated above, the project would be required to be built to renewable energy and energy efficiency standards such as the California Public Utilities Commission (CPUC) Energy Efficiency Strategic Plan, California Building Energy Efficiency Standards (Title 24), and CALGreen. The proposed project would be required to comply with existing regulations, including applicable measures from the City’s General Plan, or would be directly affected by the outcomes (vehicle trips and energy consumption would be less carbon intensive due to statewide compliance with future low carbon fuel standard amendments and increasingly stringent Renewable Portfolio Standards). As such, the proposed project would not conflict with any other state-level regulations pertaining to energy. The 2019 Title 24 standards are more than 30 percent more efficient than previous standards for residential development.
Additionally, the 2019 Title 24 standards will promote photovoltaic systems in newly constructed residential buildings, which will use about 53 percent less energy than residential buildings constructe d
8 California Air Resources Board, EMFAC Emissions Inventory, 2022.
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under the 2019 standards. Adherence to the CPUC’s energy requirements would ensure conformance with the state’s goal of promoting energy and lighting efficiency. The proposed infill project would reduce single-occupancy traffic trips and include green design measures to promote energy efficiency. Therefore, the project would comply with existing State energy standards and would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency and impacts would be less than significant.
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3.7 Geology and Soils
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury,
or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication
42. X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil? X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life
or property?
X
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of waste water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
X
Soil Surveys Group, Inc. prepared a preliminary geotechnical report for the proposed project in February 2020. The study is included in Appendix D and information from the report is summarized throughout this subsection.
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Existing Setting
Soils and Groundwater
The project site is in Hollister Valley within the greater Central Valley, which is flanked on the west by the Gabilan Range, on the east by the Diablo Range, and the City of Gilroy to the north. The mountain ranges to the east and west consist of older Franciscan and related rocks and overlying sedimentary rocks ranging in age from the Cretaceous through Tertiary time. The valley’s basin contains alluvial deposits derived from the San Benito River.
The northern half of the project site is relatively flat and then slopes to 15 to 20 percent down to the property line in the southern half. Soil conditions at the proposed project site consist of fine to medium grained, sandy silty soils. The Geotechnical Report prepared for the project includes six borings throughout the site. Some of the borings found fine grained, sandy silty soils at the surface and moderately plastic and moderately expansive soils at lower depths. However, other borings discovered non-plastic and non-expansive at deeper depths. The Geotechnical Report found no unsuitable or unstable soil conditions at the boring locations except for soft/loose soil in the upper three to ten feet and slightly to moderately expansive soils at higher deeps where the footings would be constructed.
Seismicity and Seismic Hazards
According to the General Plan, a substantial portion of central and south east Hollister lie within the Alquist-Priolo Special Study Zones for the Hayward/Calaveras and Tres Pinos Faults. Sensitive institutional uses such as schools and hospitals are precluded from development within the Special Study Zones, while geological fault investigations must be performed by a State registered geologist for any other development within them. Four fault zones traverse San Benito County: the San Andreas Fault, the Quien Sabe Fault, the Tres Pinos, and the Calaveras Faults. The San Andreas Fault is located approximately 0.5 mile west of the City or 3 miles southwest of the project site.9 The Calaveras Fault is located approximately
1.2 miles east of the project site and bisects the downtown area. The project site is not within a designated Landslide and Liquefaction Zone.10
Development in the City is likely to be exposed to strong ground shaking within the useful lifetime of new development. The General Plan found seismic hazards in the Hollister Planning Area would expose people and structures to potential substantial adverse seismic effects, including the risk of loss, injury, or death from seismic-related ground failures of liquefaction, lateral spreading, lurching, differential settlement, and flow failures.
Discussion
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the are a or based on
9 California, State of, Department of Conservation. Regulatory Maps. https://maps.conservation.ca.gov/cgs/fam/ . Accessed April 6, 2022. 10 California, State of, Department of Conservation. Regulatory Maps. http://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=regulatorymaps . Accessed April 6, 2022.
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other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
Less than Significant Impact. According to the General Plan, the project site is not located within an Alquist-Priolo Earthquake Fault Zone. As discussed above portions of central and southeast Hollister are located within Alquist-Priolo Special Study Zones for the Hayward/Calaveras and Tres Pinos Faults. There are no known active or potentially active faults trending towards or through the project site; however, the project site lies within the region affected by the active San Andreas Fault system, which influences faults throughout the region, including the Hayward and Calaveras faults. Although the project is located within a seismically active region, there is no known fault mapped on or proximate to the project site.
Therefore, the possibility of significant fault rupture on the project site would be less than significant. ii. Strong seismic ground shaking?
Less than Significant Impact. The project site is located within a seismically active region and strong seismic ground shaking could occur. The California Department of Conservation maps show multiple faults within 10 miles of the City of Hollister. The project would be required to be in conformance with the California Building Code, City regulations, and other applicable seismic construction standards.
Conformance with these standard engineering practices and design criteria would reduce the effects of seismic ground shaking. Furthermore, the project would be required to be built and maintained in accordance with a site-specific geotechnical report. Therefore, impacts would be less than significant. iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact. Liquefaction generally occurs as a “quicksand” type of ground failure caused by strong ground shaking. The primary factors influencing liquefaction potential include groundwater, soil type, relative density of the sandy soils, confining pressure, and the intensity and duration of ground shaking. As shown in California Department of Conservation maps, the project site is not located in a State seismic hazard zone specific to liquefaction. The Geotechnical Report prepared for the project found that the potential risk for occurrence of damaging liquefaction or lateral spreading is low to moderate during a strong seismic event, considering the deeper, dense, fine to coarse grained, sandy clays and the lack of shallow groundwater. All structures and foundations requiring building permits would be required to meet California Building Code requirements to withstand ground shaking, minimizing potential impacts resulting from liquefaction. Adherence to the California Building Code would ensure that the seismic - related ground failure, including liquefaction impacts would be less than significant. iv. Landslides?
Less than Significant Impact. Landslides are mass movements of the ground that include rock falls, relatively shallow slumping and sliding of soil, and deeper rotational or transitional movement of soil or rock. The northern portion of the project site is relatively flat, while the southern portion contains slopes of 15 to 20 percent. This slope is short from top to toe, does not present any identifiable landslide hazard, and is not located in an area mapped as an earthquake -induced landslide hazard area. Therefore, impacts would be less than significant.
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b) Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. As discussed above, the northern portion of the project site is generally flat while the southern portion contains slopes of 15 to 20 percent. The project would involve demolition of the existing structures (e.g., metal barn and utility pole), excavation, site grading and foundations associated with the construction of new buildings, infrastructure, and roads. During construction activities, the project would move an estimated 7,270 cubic yard (CY) of exported soil material. Grading during the construction phase of the project would displace soils and temporarily increase the potential for soils to be subject to wind and water erosion. However, erosion and loss of topsoil can be controlled using standard construction practices, as described in required erosion control plans for the project as required by Section 17.16.040 of the City’s Zoning Code. Implementation of this approved erosion control plan would reduce impacts associated with soil erosion compatibility to a less than significant level. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than Significant with Mitigation Incorporated. As discussed above, the project site is not within a designated Landslide and Liquefaction Zone. While the project is not located in an area mapped as liquefaction hazard, all structures and foundations requiring building permits would still be required to meet California Building Code requirements to withstand ground shaking, minimizing potential impacts resulting from liquefaction. Adherence to the California Building Code, the project’s Geotechnical Report, City regulations, and other applicable standards would ensure that the seismic and liquefaction impacts are less than significant.
According to the Geotechnical Report, no unsuitable or unstable soil conditions were encountered at the boring locations except for soft/loose soil in the upper three to ten feet and slightly to moderately expansive soils at higher deeps where the footings would be constructed. While the site does contain some soil conditions that require engineering solutions for this project, the Geotechnical Report concluded that the site is suitable for the proposed development with the recommendations of recompaction of any soft/loose soils and the mitigation of any expansive soils. The project site is generally flat on the northern portion with a slight slope to the southern project boundary. The site does not include any embankments or hills; therefore, earthquake-induced land sliding is unlikely. Implementation of the following mitigation measure would require the applicant to prepare a final geotechnical report for City review and approval and fully address all construction-level geotechnical recommendations and compliance with all applicable codes and regulations to reduce impacts related to the site’s soil constraints. Potential impacts and risk based on these standards are considered less than significant.
However, to document the importance of incorporating all final geotechnical recommendations, the follow measure is provided.
Mitigation Measure
MM GEO-1 Final Geotechnical Report. Prior to issuance of any grading or building permits for the project, the applicant shall submit a final geotechnical report for review and approval by the City. The project shall conform with all engineering recommendations within the final geotechnical report.
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Implementation of MM GEO-1 would ensure that impacts related to soil and geotechnical constraints are less than significant.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant with Mitigation. The proposed project would be required to conform to the California Building Code, City regulations, and other applicable standards. Six borings conducted as part of the Geotechnical Study indicated the presence of soft/loose soil in the upper three to ten feet and slightly to moderately expansive soils at footing depths. Structures on expansive soil require special attention during construction. The Geotechnical Report recommended foundation design criteria such as spread footings at a minimum depth of 18 inches for one- and two- story portions and a depth of 24 inches for the three- and four- story buildings. Specific grading recommendations for recompaction of soil at the site would be included in a design-level study submitted with any future building plans. Implementation of MM GEO-1 would require the project conform with standard engineering practices, recommendations provided in the Geotechnical Study, and design criteria to reduce impacts related to expansive soil potential to a less than significant level and minimize risk to life or property from expansive soils. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The project would connect to the City sewer system and would not include the implementation of septic tanks or alternative wastewater disposal systems. Therefore, there would be no impact.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than Significant with Mitigation Incorporated. A search of cultural resource studies completed in the immediate area, which included the project site, revealed no paleontological resources that have been previously recorded.11 Given the overall low sensitivity for paleontological resources in the immediate area, there is only a remote possibility that unidentified buried deposits are present within the project area. The potential exists for inadvertent discovery of paleontological resources during ground-disturbing activities. Implementation of MM CUL-1 would reduce impacts on paleontological resources to a less than significant level.
11 To identify paleontological resources in the vicinity of the project site, this analysis referenced the Supplemental Mitigate d Negative Declaration for the San Benito River Greenway Project (SCH #2008121118) for paleontological r esources that have been previously recorded given its proximity to the proposed project.
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3.8 Greenhouse Gas Emissions
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
X
Existing Setting
Certain gases in the earth’s atmosphere classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. Solar radiation enters the earth’s atmosphere from space.
A portion of the radiation is absorbed by the earth’s surface and a smaller portion of this radiation is reflected toward space. This absorbed radiation is then emitted from the earth as low-frequency infrared radiation. The frequencies at which bodies emit radiation are proportional to temperature. Because the earth has a much lower temperature than the sun, it emits lower-frequency radiation. Most solar radiation passes through GHGs; however, infrared radiation is absorbed by these gases. As a result, radiation that otherwise would have escaped back into space is instead “trapped,” resulting in a warming of the atmosphere. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate on earth.
The primary GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Fluorinated gases also make up a small fraction of the GHGs that contribute to climate change. Examples of fluorinated gases include chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3); however, it is noted that these gases are not associated with typical land use development. Human-caused emissions of GHGs exceeding natural ambient concentrations are believed to be responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the Earth’s climate, known as global climate change or global warming.
GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants (TACs), which are pollutants of regional and local concern. Whereas pollutants with localized air quality effects have relatively short atmospheric lifetimes (approximately one day), GHGs have long atmospheric lifetimes (one to several thousand years). GHGs persist in the atmosphere for long enough time periods to be dispersed around the globe. Although the exact lifetime of a GHG molecule is dependent on multiple variables and cannot be pinpointed, more CO2 is emitted into the atmosphere than is sequestered by ocean uptake, vegetation, or other forms of carbon sequestration.
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Addressing GHG generation impacts requires an agency to make a determination as to what constitutes a significant impact. The CEQA Guidelines specifically allow lead agencies to determine thresholds of significance that illustrate the extent of an impact and are a basis from which to apply mitigation measures. This means that each agency is left to determine if a project’s GHG emissions would have a significant impact on the environment. The guidelines direct that agencies are to use “careful judgment” and “make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate” the development’s GHG emissions (14 CCR Section 15064.4[a]). Determining a threshold of significance for climate change impacts poses a special diffi culty for lead agencies. Much of the science in this area is new and is evolving constantly. At the same time, neither the State nor local agencies are specialized in this area, and there are currently no local, regional, or state thresholds for determining whether a residential development has a significant impact on climate change. The CEQA Amendments do not prescribe specific significance thresholds but instead leave considerable discretion to lead agencies to develop appropriate thresholds to apply to projects within their jurisdiction.
Assembly Bill (AB) 32 is a legal mandate requiring that statewide GHG emissions be reduced to 1990 levels by 2020. In adopting AB 32, the legislature determined the necessary GHG reductions for the State to make to sufficiently offset its contribution to cumulative climate change to reach 1990 levels. AB 32 is the only legally mandated requirement for the reduction of GHGs. As such, compliance with AB 32 is the adopted basis on which the agency can base its significance threshold for evaluating GHG impacts.
SB 32 (SB 32), signed into law in September 2016, codifies a GHG reduction target of 40 percent below 1990 levels by 2030 and authorizes CARB to adopt an interim GHG emissions level target to be achieved by 2030 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective GHG reductions. With SB 32, the California Legislature passed companion legislation AB 197, which provided additional direction for developing an updated Scoping Plan. CARB released the second update to the Scoping Plan to reflect the 2030 target set by SB 32 in November 2017.
Additionally, signed into Law in September 2018, SB 100 increased California’s renewable electricity portfolio from 50 to 60 percent by 2030. SB 100 also established a further goal to have an electric grid that is entirely powered by clean energy by 2045.
As discussed in Section 3.3 Air Quality, the MBARD has primary responsibility for developing and implementing rules and regulations to maintain the national ambient air quality standards and attain the California ambient air quality standards, permitting new or modified sources, developing air quality management plans, and adopting and enforcing air pollution regulations for all projects in the North Central Coast Air Basin. The AB 32 Scoping Plan does not specify an explicit role for local air districts with respect to implementing AB 32, but it does state that CARB wil l work actively with air districts in coordinating emissions reporting, encouraging and coordinating GHG reductions, and providing technical assistance in quantifying reductions. The ability of air districts to control emissions (both criteria pollutants and GHGs) is provided primarily through permitting, but also via their role as a CEQA lead or commenting agency, the establishment of CEQA thresholds, and the development of analytical requirements for CEQA documents. The MBARD drafted potential quantitative thresholds for projects undergoing CEQA review in February 2014. The draft thresholds include an annual threshold of 10,000 metric tons for stationary sources and a tiered approach for land use projects, whereby one of the following is applied: a bright-line E.3.c
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(numeric) threshold of 2,000 metric tons annually; or compliance with an adopted climate action plan.
However, the MBARD has not formally adopted these thresholds, and they remain in draft form.
Discussion
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Short-Term Construction Greenhouse Gas Emissions
Less than Significant Impact. Construction of the proposed project would result in direct emissions of CO2, N2O, and CH4 from the operation of construction equipment and the transport of materials and construction workers to and from the proposed project site. MBARD does not have a threshold for construction GHG emissions, which are one-time, short-term emissions and therefore would not significantly contribute to long-term cumulative GHG emissions impacts of the proposed Project.
However, the construction GHG emissions are disclosed and a determination on the significance of construction GHG emissions in relation to meeting AB 32 GHG reduction goals should be made. Total GHG emissions generated during all phases of construction were combined and are presented in Table 3-6:
Construction Greenhouse Gas Emissions. The CalEEMod outputs are contained within the Appendix E.
Table 3-6: Construction Greenhouse Gas Emissions
Year MTCO2e1
2022 155
2023 535
2024 322
Total 1,012
1. Due to Rounding, Total MTCO2e may be marginally different from CalEEMod output. MTCO2e = metric tons of carbon dioxide equivalent.
Source: CalEEMod version 2020.4.0. Refer to Appendix E for model outputs.
As shown in Table 3-6, project construction-related activities would generate approximately 1,012 metric tons of carbon dioxide equivalent (MTCO2e) of GHG emissions over the course of construction. One-time, short-term construction GHG emissions are typically summed and amortized over the project’s lifetime (assumed to be 30 years).12 It is reasonable to look at a 30-year time frame for buildings since this is a typical interval before a new building requires the first major renovation.13 The amortized project emissions would be 33.7 MTCO2e per year. Once construction is complete, the generation of construction- related GHG emissions would cease. The project would comply with SC-1 highlighted in Section 3.3 Air Quality, which include various dust, particulate matter, and construction equipment exhaust control measures. As a result, construction GHG emissions would be less than significant.
12 The project lifetime is based on the standard 30 -year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #13, August 26, 2009). 13 International Energy Agency, Energy Efficiency Requirements in Building Codes, Energy Efficiency Policies for New Buildings, March 2008.
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Long-Term Operational Greenhouse Gas Emissions
Less than Significant Impact. Operational or long-term emissions would occur over the proposed project’s life. GHG emissions would result from direct emissions such as project-generated vehicular traffic, on-site combustion of natural gas, and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off-site generation of electrical power over the life of the proposed project, the energy required to convey water to, and wastewater from the project site, the emissions associated with solid waste generated from the proposed project site, and any fugitive refrigerants from air conditioning or refrigerators. Table 3-7: Operational Greenhouse Gas Emissions summarizes the total GHG emissions associated with the proposed project.
Table 3-7: Operational Greenhouse Gas Emissions
Category MTCO2e1
Area Source 3
Energy 135
Mobile 1,066
Waste 19
Water and Wastewater 18
Total Project2 1,241
Threshold 2,000
Exceeds Threshold? No
1. Emissions were calculated using CalEEMod version 2016.3.2.
2. Emissions may not total due to rounding.
Source: CalEEMod version 2020.4.0. Refer to Appendix E for model outputs.
Below is a description of the primary sources of operational emissions:
Area Sources. Area source emissions occur from hearths (i.e., natural gas fireplaces), architectural coatings, landscaping equipment, and consumer products. Landscaping is anticipated to occur throughout the proposed project site. Additionally, the primary emissions from architectural coatings are volatile organic compounds, which are relatively insignificant as direct GHG emissions. The proposed project would result in 3 MTCO2eq/yr (refer to Table 3-7).
Energy Consumption. Energy consumption consists of emissions from project consumption of electricity and natural gas. The proposed project would result in approximately 135 MTCO2e/yr from energy consumption (refer to Table 3-7).
Mobile Sources. Mobiles sources from the proposed project were calculated with CalEEMod based on the trip generation from the proposed project Transportation Impact Analysis (2022) see Appendix H. The mobile source emissions from the proposed project would be approximately 1,066 MTCO2e/yr (refer to Table 3-7).
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Solid Waste. Solid waste releases GHG emissions in the form of methane when these materials decompose. The proposed project would result in approximately 19 MTCO2e/yr from solid waste (refer to Table 3-7).
Water and Wastewater. GHG emissions from water demand would occur from electricity consumption associated with water conveyance and treatment. Existing water efficiency regulations require the project to limit the use of turf. The proposed project would result in approximately 18 MTCO2e/yr from water and wastewater conveyance and treatment (refer to Table 3-7).
Table 3-7 shows that operational emissions from the proposed project would generate approximately 1,241 MTCO2e per year.
It should be noted that the operational emissions incorporate adjustments for project energy consumption based on the 2019 Title 24 Part 6 (Building Energy Efficiency Standards). The standards also require updated thermal envelope standards (preventing heat transfer from the interior to exterior and vice versa), residential and nonresidential ventilation requirements, and nonresidential lighting requirements that would cut residential energy use by more than 50 percent (with solar) and nonresidential energy use by 30 percent. The standards also encourage demand responsive technologies including battery storage and heat pump water heaters and improve the building’s thermal envelope through high performance attics, walls and windows to improve comfort and energy savings (California Energy Commission, March 2018). The proposed project would also comply with the appliance energy efficiency standards in Title 20 of the California Code of Regulations. The Title 20 standards include minimum levels of operating efficiency, and other cost-effective measures, to promote the use of energy- and water-efficient appliances. The proposed project would be constructed according to the standards for high-efficiency water fixtures for indoor plumbing and water efficient irrigation systems required in 2019 Title 24, Part 11 (CALGreen).
At the State and global level, improvements in technology, policy, and social behavi or can also influence and reduce operational emissions generated by a project. The state is currently on a pathway to achieving the Renewable Portfolio Standards goal of 33 percent renewables by 2020 and 60 percent renewables by 2030 per SB 100. Despite these goals, the majority of the proposed project’s emissions would still be from mobile and energy sources. Future mobile source emissions are greatly dependent on changes in vehicle technology, fuels, and social behavior, which can be influenced by policie s to varying degrees. Due to these external factors, average emissions from transportation in 2050 would mostly still generate GHG emissions, but the quantity is uncertain in light of potential changes in technology and policy over the next 30 years.
The majority of project emissions (approximately 96 percent) would occur from mobile and energy sources. As noted above, energy and mobile sources are targeted by statewide measures such as low carbon fuels, cleaner vehicles, strategies to promote sustainable communities and improved transportation choices that result in reducing VMT, continued implementation of the Renewable Portfolio Standard (the target is now set at 60 percent renewables by 2030), and extension of the Cap and Trade program (requires reductions from industrial sources, energy generation, and fossil fuels). The Cap and Trade program covers approximately 85 percent of California’s GHG emissions as of January 2015. The statewide cap for GHG emissions from the capped sectors (i.e., electricity gen eration, industrial sources, petroleum refining, and cement production) commenced in 2013 and will decline approximately three E.3.c
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percent each year, achieving GHG emission reductions throughout the program’s duration. The passage of AB 398 in July 2017 extended the duration of the Cap and Trade program from 2020 to 2030. With continued implementation of various statewide measures, the proposed project’s operational energy and mobile source emissions would continue to decline in the future.
Project construction emissions are shown in Table 3-6 and operational emissions are shown in Table 3-7.
Construction and operational impacts would be less than significant. Project-related GHG emissions would not result in a cumulatively considerable contribution to the significant cumulative impact of climate change.
b) Conflict with an applicable plan, policy or regulation adopted for the purpo se of reducing the emissions of greenhouse gases?
Less than Significant Impact. While California has adopted several policies and regulations for the purpose of reducing GHG emissions, the City of Hollister does not currently have an adopted Climate Action Plan.
The project’s potential impacts and mitigation in response to current plans and policies are described above. There would be no impact beyond the assessment in this section. Impacts would be less than significant.
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3.9 Hazards and Hazardous Materials
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
X
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
X
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
X
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety
hazard or excessive noise for people residing or
working in the project area?
X
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
X
ATC Associates Inc. prepared a Phase I Environmental Site Assessment (ESA) for the project site in March 2006. The study is included in Appendix F and information from the report is summarized in this section.
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of the presence of hazardous substances or petroleum products on the site under conditions indicative of an existing release, past release, or a material threat of a release that could affect the site, based on a review of regulatory agency databases (e.g. Department of Toxic Substances Control’s Envirostor database and State Water Resources Control Board's Geotracker database). A site reconnaissance of the site was conducted by Kimley-Horn staff on June 29, 2020 to characterize the baseline conditions on and adjacent to the proposed project. The Phase I ESA and preliminary hazardous materials review is provided in Appendix F and information from this review is summarized throughout this subsection.
Existing Setting
The 5.55-acre project site is located within an urban area and is predominantly surrounded by industrial and residential uses.
Onsite Sources of Contamination
According to the Phase I ESA, two diesel underground storage tanks were previously abandoned in place at 1555 San Juan Road, which was previously operated as Sanchez Trucking Yard 14. These underground storage tanks (USTs) were not identified in the regulatory databases. The potential contaminant of concern at this site is diesel and was considered a recognized environmental concern (REC). In June 2006, soil borings around the perimeter of the site were conducted to sample for the presence of BTEX, MTBE, TPH (motor oil), and lead. The San Benito County Health and Human Services Agency - Public Health Services Department found non-detect levels for all these contaminants were below the maximum contaminant level. The Central Coast Regional Water Quality Board determined no further action be required for this site. See Appendix F for letter from San Benito County Public Health Services Department.
A subsequent records search of the Regional Water Quality Control Board’s Geotracker database and Department of Toxic Substances Control’s Envirostor database found no records of the project site pertaining to open cases of a leaking underground storage tanks (LUSTs), toxic releases, or site cleanup requirements.15
Off-Site Sources of Contamination
A search of regulatory agency databases found the nearest offsite LUST cleanup site to be located at 1615 San Juan Road, approximately 140 feet west of the project site, which is operated as Shop N Save (formerly Victory Gas & Food). The potential contaminant of concern on this site is gasoline. Remedial action was taken from 2001 to 2004. The case has been closed as of 2004. The next closest offsite LUST cleanup site (Roadrunner) is located at 905 San Juan Road, approximately 0.36 miles to the east of the project site. The potential contaminant of concern on this site is gasoline and the potential media of concern is listed under investigation. This case has been closed as of 1998.
Approximately 640 feet across the street at 1300 San Juan Road is a permitted underground storage tank (UST) operated at a Quik Stop Market.
14 The property is physically signed as 1555 San Juan Road, but the City of Hollister Assessor’s Office verified that 1550 San Juan Road is the correct legal address for the project site.
15Geotracker. 1550 San Juan Road Hollister. Available at:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=1550+san+juan+road+hollister . Accessed on August 31, 2020.
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Airports
The Hollister Municipal Airport is located approximately 2.6 miles northeast of the project site.
Wildland Fire Hazards
The project site is not located within a Very-High Fire Hazard Severity Zone for wildland fires.16 Discussion
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than Significant Impact. The proposed project would use limited amounts of common hazardous materials and substances such as cleaners, paints, solvents, fertilizers and pesticides for site landscaping.
Operation of the residential and commercial uses would include the use and storage of cleaning supplies and maintenance chemicals in small quantities similar to other businesses nearby and would not generate substantial hazardous emissions or chemical releases that would affect surrounding uses. All materials and substances would be subject to applicable health and safety requirements. Compliance with applicable federal, local, and state requirements would ensure no significant hazard to the public or the environment are created through the routine transport, use, or disposal of hazardous materials. Thus, impacts would be less than significant.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials in to the environment?
Less than Significant Impact. The project is not anticipated to result in a release of hazardous materials into the environment. The proposed facility would be expected to use limited hazardous materials and substances such as cleaners, paints, solvents, and fertilizers and pesticides for site landscaping. All materials and substances would be subject to applicable health and safety requirements. Thus, impacts would be less than significant.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, su bstances, or waste within one-quarter mile of an existing or proposed school? No Impact. The closest school to the project site is Calaveras Elementary School, located approximately
0.4-mile northeast at 1151 Buena Vista Road. Because the project site would be located more than one- quarter mile from this school, emissions and hazardous materials handling at the site, during construction and operations, would not pose a significant health risk to nearby schools. Thus, no impacts would occur.
16 California Department of Forestry and Fire Protection. FHSZ Viewer. Available at https://egis.fire.ca.gov/FHSZ/ . Accessed August 20, 2020.
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d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazar d to the public or the environment?
Less than Significant Impact. No records of the project site were found pertaining to open cases of Leaking Underground Storage Tanks (LUST), toxic releases, or site cleanup requirements. Potential onsite sources of contamination were found to be below the maximum contaminant level, and as such no further action is required for the site. The nearest offsite LUST cleanup site is located approximately 140 feet west of the project site, but has been remediated and the case is closed. While no open records of LUSTs were found in the hazardous materials assessment, potential environmental concerns (e.g., auto repair/wrecking yard and wastewater pools) for the project site were identified to the east of the property and at the existing metal barn on site. While little history is known about the existing barn on site, it is possible the barn was previously used for agricultural storage or automotive repairs given similar uses in the surrounding area.
During construction, project implementation could potentially encounter residual concentrations of contaminants in the soil and groundwater from the barn, auto repair/wrecking yard and wastewater pools and, if found, the contaminants could potentially exceed the environmental screening levels. However, soil and groundwater sampling conducted in June 2006 determined the soils located on site were below maximum level contaminant level. As such, no further action is required or the site. The project site is clean for development. Impacts in this regard are less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The project site is not located within two miles of a public airport or private airstrip. The project site is located approximately 2.5 miles southwest of Hollister Municipal Airport. The northeastern portion of the project site is located within the “Airport Influence Area” defined by the San Benito County Airport Land Use Commission’s Land Use Compatibility Plan. However, the project site is not located within the Safety Zones for the Hollister Airport as shown in Map 3 in the County’s Land Use Compatibility Plan. Thus, no impacts would occur.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No Impact. The project would design roadways and emergency access according to City standards and would not encroach on or obstruct any existing evacuation routes. All new development in the City is required to comply with existing fire codes and ordinances regarding emergency access, such as widths, surfaces, vertical clearance, brush clearance, and allowable grades. The City would implement emergency response measures to address emergency management, including notifications, evacuations, and other necessary measures in the event of an emergency.
Primary access to all major roads would be maintained during construction of the proposed project, and no detours would be required in the event of an emergency. Additionally, during the building permit stage, the project would be reviewed for conformance with all applicable Fire Code and Building Code requirements. Thus, there would be no impact.
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g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No Impact. CAL FIRE identifies Fire Hazard Severity Zones (FHSZ) and designates State of Local Responsibility Areas within the State of California. New developments located in ‘Very High’ Fire Hazard Severity Zones are required to comply with exterior wildfire design and construction codes as well as vegetation clearance and other wildland fire safety practices for structures. As discus sed above, the project is not located within a Very High Hazard Severity Zone on CAL FIRE’s FHSZ Viewer. In addition, the project site is in a developed urban area and is not a wildland interface area or directly adjacent to a wildland interface area. Therefore, there would be no impact.
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3.10 Hydrology and Water Quality
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
X
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
X
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in a
manner which would:
i. Result in substantial erosion or siltation
on- o
ii. r off-site?
X
iii. Substantially increase the rate or amount
of surface runoff in a manner which would
result in flooding on- or offsite?
X
iv. Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
X
v. Impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
X
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
X
Existing Setting
Hollister is located in the Pajaro River watershed. The watershed covers approximately 1,300 square miles and spans four counties: San Benito, Santa Clara, Santa Cruz, and Monterey. The watershed is bounded by the Santa Cruz Mountains to the north and the Gabilan Range to the south. Its main tributaries are E.3.c
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Corralitos, Uvas, Llagas, San Benito, Pacheco, and Santa Ana creeks. These tributaries and many others converge and provide water to the Pajaro River, which drains into Monterey Bay.
There are two significant surface water features within the City of Hollister planning area—the San Benito River and Santa Ana Creek. The San Benito River flows from southeast to northwest in the southern portion of the Hollister planning area. Much of the planning area drains northerly to Santa Ana Creek, which flows into San Felipe Lake, located approximately 7 miles north of Hollister Municipal Airport.
The project site is located in an urban area with connections to the City’s water and sewer infrastructure.
The Flood Insurance Rate Map (FIRM) shows the project site outside of any flood hazard zone.17 No surface water is present on the project site. The closest waterway to the project site is the San Benito River, which is located approximately 0.25-miles southwest of the project site, and ultimately flows into the Monterey Bay.
No specific groundwater data is available for the project site. However, according to the Phase I ESA, groundwater monitoring at the nearby gas station located at 1615 San Juan Road indicated shallow groundwater occurrence at an approximate depth of 33 bgs along the roadway. At the former Chevron gas station located approximately 1-mile east of the project site, groundwater was detected at a depth of approximately 50 bgs. Estimated groundwater levels in the area may vary due to seasonal fluctuations in precipitation, local usage demands, geology, underground structures, or dewatering operations. The nearby industrial wastewater ponds may affect the local shallow groundwater flow beneath the project site and surrounding areas.
The project site is approximately 2 percent impervious (5,500 square feet).
Discussion
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. The City of Hollister provides wastewater services to the project site and manages stormwater quantity and quality.
Construction
Construction impacts could result from dirt and sediment leaving the site and entering the storm drain system from construction equipment and haul trucks, by runoff from exposed earth and stockpile areas during rainy periods, and from wind-blown dirt and dust from stockpiles. Construction runoff can also result from cleaning solvents and leaking fluids from construction equipment.
Section 17.16.140(C)(2) of the City of Hollister Municipal Code requires the project applicant to prepare a stormwater pollution prevention plan (SWPPP) for approval by the City. The SWPPP is required to list best management practices (BMPs), which specify how the applicant would protect water quality during the course of construction. BMPs typically include, but are not limited to, scheduling earthwork to occu r during the dry season to prevent runoff erosion, protecting drainages and storm drain inlets from
17 Federal Emergency Management Agency. FEMA Flood Map Service Center: Search by Address. Accessed at https://msc.fema.gov/portal/search#searchresultsanchor . Accessed on April 1, 2022.
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sedimentation with berms or filtration barriers, and installing gravel entrances to reduce tracking of sediment onto adjoining streets. Implementation of the project’s SWPPP would reduce impacts to less than significant through compliance with existing standards. No additional mitigation measures would be required.
Operational
On-site sources of polluted runoff associated with urban uses typically include surface parking areas and driveways, garbage areas, and planting areas where pesticides and fertilizers are used. Pollutants from these areas can wash into the storm drain system or natural drainage areas during storm events, thereby affecting downstream surface water quality. To meet Regional Water Quality Control Board permit requirements, all stormwater will be required to be retained on site. Stormwater treatment and retention is beneficial for both surface water quality and groundwater recharge. The stormwater detention and infiltration system would ultimately be designed in accordance with the California Stormwater Best Management Practices Handbook and the City’s NPDES permit. The proposed drainage system is intended to pre-treat detained stormwater, allow for percolation, and control the rate and volume of outflow to existing facilities. The project will be required to comply with all existing State and local stormwater quality requirements.
The City of Hollister Domestic Water Reclamation Facility would treat wastewater flows generated by the municipal use. No septic systems are proposed. The residential uses proposed would not violate any waste discharge requirements, and compliance with existing State and local standards would not degrade surface or groundwater quality.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact. The City uses groundwater to augment public water supply. According to the 2020 Annual Drinking Water Quality Report approximately 40 percent of the City’s drinking water is from groundwater wells.18 The San Benito County Water District (SBCWD), formed by a special act of the State, has regional responsibility and authority to manage groundwater. As part of its management activities, the district provides recharge to the basin, explores expanded groundwater banking, monitors water levels and water quality, and reports annually on groundwater conditions in the basin. The 2015 Hollister Urban Area Urban Water Management Plan (UWMP) includes a detailed discussion of the groundwater basin, along with all appropriate figures (Todd Groundwater, 2016).
The project is subject to the post-construction stormwater management requirements outlined in Central Coast RWQCB Resolution No. R3-2013-0032, which requires site-specific design measures and water quality treatment and percolation measures for projects that create and/or replace 2,500 square feet or more of impervious surface.
As discussed further in Section 3.20, Utilities and Service Systems, the project would not decrease groundwater supplies in a manner that impedes with the sustainable groundwater management. Further,
18 City of Hollister, 2019 Annual Drinking Water Quality Report, 2019. Available at: http://hollister.ca.gov/wp-content/uploads/2021/06/COH- CCR-2020.pdf
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the project site is not located within a natural groundwater recharge area where precipitation would infiltrate into soils, moving down to the water table. As the developed site would be approximately 31 percent landscaped, the project would incorporate design measures directing runoff onto vegetated areas, biofiltration systems and low impact development treatment systems. Rainwater and excess irrigation water would be directed toward vegetated areas and/or treatment systems. These measures would effectively reduce impacts regarding groundwater recharge.
The project would be served by the City’s managed water system and would not require any direct groundwater withdrawals. Therefore, the project would not substantially deplete groundwater supplies or interfere with groundwater recharge. Impacts would be less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on - or off-site? Less than Significant Impact. The project site does not include any streams or rivers, which could be altered by the proposed project. The closest waterway to the project site is San Benito River, which is located approximately 0.25-mile southwest of the project site. In addition, the proposed on-site bioretention areas would limit the release of storm water from the project site; therefore, minimizing the potential for substantial erosion or siltation to occur on site or off site. Thus, impacts would be less than significant.
ii. Substantially increase the rate or amount o f surface runoff in a manner which would result in flooding on- or offsite?
Less than Significant Impact. As shown in Table 3-8, the project site currently has approximately 12,635 square feet of impervious surface area. Development of the proposed project would result in approximately 125,060 square feet of impervious surface area. This would be a net addition of approximately 112,425 square feet of impervious surface area from existing conditions.
Table 3-8: Impervious and Pervious On-Site Surface Area Site Surface Existing Surface Area SF Proposed Surface Area SF Impervious Surfaces Total 12,635 125,060
Pervious Surfaces Total 211,306 51,496
Note: Impervious Surface Area represents site specific conditions and accounts for public streets Source: RRM Design Group, 2021
Hollister Municipal Code Section 17.16.140(A) requires all development projects in the City to be designed to detain stormwater runoff on-site to prevent contaminated stormwater from entering the City’s storm drain system. Specifically, 17.16.140 (A)(4) calls for underground stormwater infiltration basins (instead of open ponds) wherever feasible. Project applicants are required to submit a stormwater drainage plan that incorporates measures designed to retain stormwater on-site consistent with the most current requirements. In accordance with the Municipal Code, specific measures to be incorporated into the pl an may include, but are not limited to:
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1) Drainage from roof gutters from residential, commercial, industrial, public, and other buildings including accessory structures shall be directed to rain gardens, landscape areas, vegetative swales, or retention or detention ponds approved by the City Engineering Department. 2) The use of multi-use stormwater management facilities, including recreation areas, and permeable paving in interior pedestrian areas, patios, or plazas is encouraged.
The project’s impervious surface coverage would be approximately 2.87 acres, or 56 percent of the project site. The project’s conceptual grading and drainage plan incorporates pervious pavers surrounding the project site and a new private 18-inch storm drain throughout the project as shown in Figure 5. Storm drain management areas and catch basins are located on site and would flow into the City’s stormwater drainage system.
As described in the proposed project’s site plan runoff would be captured in landscaped areas and the pervious pavers surrounding the project boundary. Implementation of the project’s on-site stormwater drainage plan would reduce the risk of on-site or off-site flooding to a less than significant level. iii. Create or contribute runoff water which would exceed the cap acity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Less than Significant Impact. Where development or redevelopment results in an increase in impervious surfaces, increased runoff could exceed the capacity of local storm drain systems. As discussed above, 6 percent of the project site is currently impervious. The proposed project would increase the current amount of impervious surfaces on site to 56 percent, which would result in a net increase of 112,425 square feet of impervious surface area.
The project would be required to comply with the C.3 Provision of the Municipal Regional Stormwater Permit (MRP) which provides specific design requirements for capacity including : the implementation of stormwater BMPs, volume control design, flow hydraulic design, and combination flow and volume design. As required by the C.3 Provision of the MRP, a Storm Water Management Plan (SWMP) would be reviewed and approved by the City of Hollister Public Works Department.
The project includes site design measures such as directing runoff from roofs, sidewalks, patios to landscaped areas and planting trees adjacent to pervious areas. Pavers would self-retain, and impervious surfaces would be minimized. Source control measures include beneficial landscaping, efficient use of water in irrigation systems, good housekeeping, labeling storm drains, connecting to the sanitary sewer with covered trash enclosures, and covered loading docks.
Compliance with the C.3 Provision of the MRP and applicable City policies (e.g., Hollister General Plan Policies CSF3.1, CSF 3.7, CSF.LL) would ensure that the proposed project would not exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant.
iv. Impede or redirect flood flows?
Less than Significant Impact. Federal Emergency Management Agency (FEMA) (2014) Flood Map FIRM Panel 06069C0185D shows the City of Hollister, including the project site. According to this map, the E.3.c
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project site is located in Zone X (unshaded). Most of the site is in Zone X, which FEMA describes as an “area of minimal flood hazard, usually depicted on FIRMs as above the 500-year flood level.” City of Hollister Municipal Code Chapter 15.20, Flood Damage Prevention, identifies standards to minimize public and private losses due to flooding. Section 15.20.130 specifies standards of construction for buildings in flood zones. Section 15.20.130(C)(1) requires that all new development have the lowest floor, including the basement, elevated to or above the base flood elevation. Because the project site is located in Zone X, the potential to be impacted by flooding is minimal. The project is not located within a stream setback zone and would not alter the course of a stream or river. Impacts would be less than significant. v. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less than Significant Impact. Seiches and tsunamis are the result of waves of bodies of water created by earthquakes or landslides. The project site is located approximately 21 miles east of the ocean and as discussed above, not within a flood zone. Therefore, due to the geographic location of the project, there is minimal risk of inundation and therefore minimal risk of release of pollutants due to inundation. Impacts would be less than significant.
vi. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. Water quality impacts other than those described in response 3.10(a) above are not anticipated with implementation of the proposed project. As discussed above, any future project would be required to submit a project-specific SWPPP for review and approval by the City’s Engineering Division. The SWPPP is required to list best management practices (BMPs), which specify how the applicant would protect water quality during the course of construction. Additionally, Hollister Municipal Code requires all development projects in the City to be designed to detain stormwater runoff on-site, consistent with the most current requirements, in order to prevent stormwater from entering the storm drain system.
As discussed above, current groundwater storage is sufficient to accommodate water demand in the short term and any proposed future development would not impede sustainable groundwater management of the basin. Ultimately, the project would result in residential development. This de velopment would increase the amount of impervious surface on the site. Any future site plans would be reviewed by the City to include site specific design measures that would allow for groundwater recharge. The project would not substantially contribute to the depletion of groundwater supplies, would not substantially interfere with groundwater recharge and therefore would not conflict with water quality control plans or groundwater management efforts. Impacts would be less than significant.
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3.11 Land Use and Planning
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Physically divide an established community? X
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
X
Existing Setting
The project site is a vacant property located in a developing sector of the City. The project site is adjacent to an industrial use to the west and a mobile home community to the east. Immediately to the north of the project site is San Juan Road and a gas station/convenience store. Further north of San Juan Road is a single-family residential community. Immediately to the south of the project site are agricultural wastewater ponds.
Existing Land Use Designation and Zoning
The project site has a General Plan land use designation of West Gateway Commercial and Mixed-Use, with a conforming West Gateway Mixed Use zoning designation. According to the General Plan, the West Gateway District is intended to create an entry feature on San Juan Road as it crosses the San Benito River.
The district provides the opportunity to develop a mixed-use district with medium to high-density houses and neighborhood-serving retail with public plazas. Under this designation and zoning, projects are intended to include community shopping, retail, and offices with residential uses. The General Plan encourages 3-story building forms on the street with architectural themes similar to the surrounding district. The designation is intended to provide convenience services to regional traffic on Highway 156.
Discussion
a) Physically divide an established community?
Less than Significant Impact. The proposed project would include residential and commercial uses and is consistent with the General Plan land use designation, and would comply with all applicable West Gateway guidelines, City policies, actions, and ordinances. The project would be located in an urban area with similar surrounding land uses and would generally blend in with the mix of surrounding uses and would not physically divide an established community. The proposed buildings would not result in the physical division of the established community.
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b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The City’s General Plan land use designation for the project site is West Gateway Commercial and Mixed Use (WG). Per Section 17.04.040 of the Hollister Municipal Code, open space requirements for the West Gateway Mixed Use zoning designation require a minimum of 500 sf of combined total private and common open space per unit. The City refers to common open space as a centralized, contiguous area for passive or active space that encourages community interaction. This space may include recreation facilities, such as a gym or pool, or rooftop gardens. For developments with 25 or more units proposed, major amenities and facilities provided can be in the form of recreation buildings, swimming pools with eating areas, tennis, baseball, and handball courts, child care facilities, and other amenities appropriate to serve the residents as determined by the City to foster a sense of place and community. Two major amenities must be provided for projects with 200 or more units.
Given 157 residential units are proposed, the project would require a minimum of 78,500 sf of open space to meet these open space requirements. Consistent with the West Gateway Mixed Use zoning designation, the project would provide amenities and facilities, such as one community building with 1,655 sf of common community space and a sports court, which would be accessible to all residents in the development to meet the City’s open space requirements.
The West Gateway District in the General Plan is encouraged to have three-story building forms on the street, stepping down to the north and south. All proposed buildings would all be 3-stories and constructed on the slope stepping down towards the south. See Section 3.1 Aesthetics for discussion on the project’s conformance in respect to building height.
Per the landscaping guidance in the General Plan for the West Gateway District, developments are required to install a double row of trees, one at the street and one closer to the building edge. The project would plant a row of trees along the street and more trees throughout the project site and would be generally consistent with West Gateway District’s landscape guidelines and Beautification Plan.
The City’s Development standards for the West Gateway Mixed Use zoning designation applies to the proposed project site and allows up to a height of 50 feet19. As discussed in Section 3.1 Aesthetics, the project would have a height up to 42 feet and 8 inches, which would be consistent with the height limitations for the project site. There are no specific setback requirements for the project, however the Site and Architectural Review process shall assure the buildings are designed and oriented on lots to provide adequate light and air, assure sufficient distances between adjoining uses, and promote excellence of development. As such, the proposed project would be consistent with uses allowed within the West Gateway Mixed Use zoning designation and comply with its development standards. Impacts would be less than significant.
19 The Planning Commission may approve a maximum building height of 60 feet in the West Gateway Mixed Use District if the additi onal height is required for a roof garden, plaza, restaurant, or mechanical equipment concealed by an attractive architectural ele ment (section
17.08.050(A)(2)(c))
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3.12 Mineral Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
tDj EtDj EtDj EtDj EtDj EtDj EtDj EtDj EtDj EtDj EtDj EtDj Et28b
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3.13 Noise
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
X
b) Generation of excessive groundborne vibration
or groundborne noise levels? X
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
X
Existing Setting
The City of Hollister is impacted by various noise sources. Mobile sources of noise, especially cars and trucks, are the most common and significant sources of noise in most communities. Other sources of noise are the various land uses (i.e., residential, commercial, institutional, and recreational and parks activities) throughout the City that generate stationary-source noise.
Existing Mobile Noise
According to the Noise Contour Map located in the General Plan EIR San Juan Road had a traffic noise level of 60 dBA CNEL in 2004.
Existing roadway noise levels were calculated for the roadway segments in the proposed project vicinity.
This task was accomplished using the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77-108) and existing traffic volumes from the proposed project Transportation Impact Analysis (Kimley-Horn 2022) see Appendix H. The noise prediction model calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions. The average vehicle noise rates (also referred to as energy rates) used in the FHWA model have been modified to reflect average vehicle noise rates identified for California by Caltrans. The Caltrans data indicates that California automobile noise is 0.8 to 1.0 dBA higher than national levels and that medium and heavy truck noise is 0.3 to 3.0 dBA lowe r than national levels. The E.3.c
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average daily noise levels along roadway segments in proximity to the proposed project site are included in Table 3-9: Existing Traffic Noise.
Table 3-9: Existing Traffic Noise
The proposed project site is primarily surrounded by industrial and a mobile home community. Residential uses exist east of the proposed project site. The existing mobile noise in the proposed project area is generated along San Juan Road, which is north of the proposed project site.
Existing Stationary Noise
The primary sources of stationary noise in the proposed project vicinity are those associated with the operations of nearby residential uses to the east of the site and existing industrial uses west of the proposed project site. The noise associated with these sources may represent a single-event noise occurrence, short-term noise, or long-term/continuous noise.
Sensitive Receptors
Noise exposure standards and guidelines for various types of land uses reflect the varying noise sensitivities associated with each of these uses. Residences, hospitals, schools, guest lodging, libraries, and churches are treated as the most sensitive to noise intrusion and therefore have more stringent noise exposure targets than do other uses, such as manufacturing or agricultural uses that are not subject to impacts such as sleep disturbance. Sensitive receptors near the proposed project site include mobile home residences adjacent to the eastern boundary, approximately 15 feet from the proposed project site property line (see Appendix G). Across San Juan Road, approximately 220 feet northeast of the proposed project site are single-family residences. These distances are from the proposed project site to the sensitive receptor property line.
Roadway Segment ADT dBA Ldn1
San Juan Road
Between SR-156 and Graf Road 8,520 60.7
Between Graf Road and Project Driveway 8,900 60.9
Between Project Driveway and Miller Road 9,410 61.1
Between Miller Road and Westside
Boulevar d 12,850 62.5
ADT = average daily trips; dBA = A -weighted decibels; Ldn = day-night noise level 1 Traffic noise levels are at 100 feet from the roadway centerline.
Source: Based on traffic data provided by Kimley-Horn, 2022. Refer to Appendix G for traffic noise modeling assumptions and results.
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Discussion
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Construction
Less than Significant Impact. Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., land clearing, grading, excavation, paving). Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. During construction, exterior noise levels could affect the residential neig hborhoods surrounding the construction site. Project construction would occur approximately 15 feet from existing residences to the east of the project site. However, construction activities would occur throughout the site and would not be concentrated at a single point near sensitive receptors. Noise levels typically attenuate (or drop off) at a rate of 6 dB per doubling of distance from point sources, such as industrial machinery. During construction, exterior noise levels could affect the residential neighborhoods near the construction site.
Construction activities associated with development of the proposed project would include demolition, site preparation, grading, paving, building construction, and architectural coating. Such activities would require graders, scrapers, and tractors during site preparation; graders, dozers, and tractors during grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers, mixers, tractors, and paving equipment during paving; and air compressors during architectural coating.
Grading and excavation phases of project construction tend to be the shortest in duration and create the highest construction noise levels due to the operation of heavy equipment required to complete these activities. It should be noted that only a limited amount of equipment can operate near a given location at a particular time. Equipment typically used during this stage includes heavy -duty trucks, backhoes, bulldozers, excavators, front-end loaders, and scrapers. Operating cycles for these types of construction equipment may involve one or two minutes of full-power operation followed by three to four minutes at lower power settings. Other primary sources of noise would be shorter-duration incidents, such as dropping large pieces of equipment or the hydraulic movement of machinery lifts, which would last less than one minute. The analysis assumes that no pile driving would be required for construction.
Noise generated by construction equipment, including earth movers, material handlers, and portable generators, can reach high levels. Typical noise levels associated with individual construction equipment are listed in Table 3-10: Typical Construction Noise Levels.
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Table 3-10: Typical Construction Noise Levels
As shown in Table 3-10, noise maximum levels are below 88 dBA at 50 feet. The highest anticipated construction noise level of 88 dBA at 50 feet is expected to occur during the demolition phase. Noise impacts for mobile construction equipment are typically assessed as emanating from the center of the equipment activity or construction site.20 For the proposed project, this center point would be approximately 185 feet from the nearest sensitive receptor, the mobile home residences to the east.
These sensitive uses may be exposed to elevated noise levels during project construction.
The Federal Highway Administration (FHWA) Roadway Construction Noise Model (RCNM) was used to calculate noise levels during construction activities; refer to Appendix G: Acoustical Data. RCNM is a computer program used to assess construction noise impacts and allows for user-defined construction equipment and user-defined noise limit criteria. Noise levels were calculated for each construction phase and are based on the equipment used, distance to the nearest property/receptor, and acoustical use factor for equipment.
20 For the purposes of this analysis, the construction area is defined as the center of the project site per the methodology in the FTA Transit Noise and Vibration Impact Assessment Manual (September 2018). Although some co nstruction activities may occur at distances closer than 185 feet from the nearest properties, construction equipment would be dispersed throughout the project site during various co nstruction activities. Therefore, the center of the project site represents the most appropriate distance based on the sporadic nature of construction activities.
Equipment Typical Noise Level (dBA) at 50 feet from Source1 Air Compressor 80
Backhoe 80
Compactor 82
Concrete Mixer 85
Concrete Pump 82
Concrete Vibrator 76
Crane, Derrick 88
Crane, Mobile 83
Dozer 85
Generator 82
Grader 85
Impact Wrench 85
Jack Hammer 88
Loader 80
Paver 85
Pneumatic Tool 85
Pump 77
Roller 85
Saw 76
Scraper 85
Shovel 82
Truck 84
Note:
1 Calculated using the inverse square law formula for sound attenuation: dBA 2 = dBA1+20Log(d1/d2) Where: dBA2 = estimated noise level at receptor; dBA1 = reference noise level; d1 = reference distance; d2 = receptor location distance Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual , September 2018.
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The City of Hollister does not have construction noise standards. The FTA Noise and Vibration Manual establishes construction noise standards of 80 dBA Leq (8-hour) for residential uses and 90 dBA Leq (8-hour) for commercial and industrial uses.21 Table 3-11: Project Construction Noise Levels, show estimated exterior construction noise at the closest receptors. Based on calculations using the RCNM model, construction noise levels would range from approximately 56.3 dBA Leq and 75.7 dBA Leq at the nearest sensitive receptors and nearest off-site uses.
Table 3-11: Project Construction Noise Levels
Constructio
n Phase
Receptor Location Modeled
Exterior Noise
Level
(dBA Leq) 2
Noise
Threshold
(dBA Leq) 3
Exceeded
? Land Use Direction Distance
(feet) 1
Demolition
Residential East 185 73.2 80 No
Commercial North 240 71.0 90 No
Industrial West 370 67.2 No
Site
Preparation
Residential East 185 70.7 80 No
Commercial North 240 68.4 90 No
Industrial West 370 64.6 No
Grading
Residential East 185 73.9 80 No
Commercial North 240 71.9 90 No
Industrial West 370 67.8 No
Building
Constructio
n
Residential East 185 75.7 80 No
Commercial North 240 73.4 90 No
Industrial West 370 69.7 No
Paving
Residential East 185 65.3 80 No
Commercial North 240 63.0 90 No
Industrial West 370 59.3 No
Architectura
l Coating
Residential East 185 62.3 80 No
Commercial North 240 60.1 90 No
Industrial West 370 56.3 No
Notes:
1. Distance is from the nearest receptor to the main construction activity area on the project site. Not all equipment would ope rate at the closest distance to the receptor.
2. Modeled noise levels conservatively assume the simultaneous operation of all pieces of equipment.
3. The FTA Noise and Vibration Manual establishes construction noise standards of 80 dBA L eq(8-hour) for residential uses and 90 dBA L eq(8-hour) for commercial and industrial uses.
Source: Federal Highway Administration, Roadway Construction Noise Model, 2006. Refer to Appendix G: Acoustical Data for noise modeling data.
As shown in Table 3-11, the loudest noise levels would be 75.7 dBA Leq at the nearest sensitive receptor and 73.4 and 69.7dBA Leq at the nearest commercial and industrial uses, which would not exceed the FTA’s construction noise standards of 80 dBA L eq and/or 90 dBA Leq. In addition, all construction equipment would be equipped with functioning mufflers as mandated by the State and project construction would comply the General Plan Construction Noise Policy (HS3.3) limits typical construction activities to between the hours of 7:00 a.m. and 7:00 p.m. These permitted hours of construction are included in the code in recognition that construction activities undertaken during daytime hours are a typical part of livi ng in an urban environment and do not cause a significant disruption.
21 Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, Table 7-2, Page 179, September 2018.
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The highest anticipated construction noise level for the adjoining residential uses are jack hammers during demolition phase and cranes during the building construction phase. The loudest construction phases are also typically the shortest and construction activities would also be spread out throughout the project site. Based on the anticipated construction schedule, the loudest construction phases, demolition, site preparation, grading, and paving, would last slightly shorter than three months. The remaining phases, building construction and architectural coating typically use lighter equipment and hand tools and do not use the heavy equipment listed in Table 3-10.
As noted above, construction activities would be limited to daytime hours when people would be out of their houses and would conform to the time-of-day restrictions of the City’s Municipal Code. With adherence to construction time restrictions as outlined in the City’s Municipal Code, construction noise impacts would less than significant
Construction Traffic Noise
Construction noise may be generated by large trucks moving materials to and from the proposed project site. Large trucks would be necessary to deliver building materials as well as remove dump materials.
Excavation and cut and fill would be required. Soil hauling would be required as approximately 7,270 cubic yards (cy) of soil would be exported during grading. Based on the CalEEMod default assumptions for this Project, as analyzed in Section 3.3 Air Quality, the proposed project would generate the highest number of daily trips during the building construction and grading phases. The model estimates that the proposed project would generate up to 163 worker trips and 36 vendor trips per day for building construction. For grading, the model estimates approximately 909 hauling trips over 34 days which would result in approximately 28 daily hauling trips. During the grading phase there would be approximately 15 daily worker trips. Therefore, a total of 43 daily trips would occur during the grading phase. Because of the logarithmic nature of noise levels, a doubling of the traffic volume (assuming that the speed and vehicle mix do not also change) would result in a noise level increase of 3 dBA. San Juan Road between Graf Road to Project Driveway has an average daily trip volume of 8,900 vehicles (Table 3-9). The 242 daily construction trips would not double the existing traffic volume per day. Construction related traffic noise would not be noticeable and would not create a significant noise impact.
California establishes noise limits for vehicles licensed to operate on public roads using a pass -by test procedure. Pass-by noise refers to the noise level produced by an individual vehicle as it travels past a fixed location. The pass-by procedure measures the total noise emissions of a moving vehicle with a microphone. When the vehicle reaches the microphone, the vehicle is at full throttle acceleration at an engine speed calculated for its displacement.
For heavy trucks, the State pass-by standard is consistent with the federal limit of 80 dB. The State pass- by standard for light trucks and passenger cars (less than 4.5 tons gross vehicle rating) is also 80 dB at 15 meters from the centerline. According to the FHWA, dump trucks typically generate noise levels of 77 dBA and flatbed trucks typically generate noise levels of 74 dBA, at a distance of 50 feet from the truck (FHWA, Roadway Construction Noise Model, 2006).
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Operations
Implementation of the proposed project would create new sources of noise in the project vicinity. The major noise sources associated with the proposed project that would potentially impact existing and future nearby residences include the following:
• Off-site traffic noise;
• Residential area noise;
• Mechanical equipment (i.e., trash compactors, air conditioners, etc.); • Delivery trucks on the project site, and approaching and leaving the loading areas; • Activities at the loading areas (i.e., maneuvering and idling trucks, loading/unl oading, and equipment noise);
• Parking areas (i.e., car door slamming, car radios, engine start-up, and car pass-by); and • Landscape maintenance activities.
As discussed above, the closest sensitive receptors are mobile homes residences located 15 feet to the east of the project site. The City of Hollister exterior Noise Standards for residential areas is 60 dBA L eq (Policy HS3.1 in General Plan).
Traffic Noise
Implementation of the proposed project would generate increased traffic volumes along study roadway segments. The project is expected to generate a net of 868 average daily trips, which would result in noise increases on project area roadways. In general, a traffic noise increase of less than 3 dBA is barely perceptible to people, while a 5-dBA increase is readily noticeable (Caltrans, 2013). Generally, traffic volumes on project area roadways would have to approximately double for the resulting traffic noi se levels to increase by 3 dBA. Therefore, permanent increases in ambient noise levels of less than 3 dBA are considered to be less than significant.
As shown in Table 3-12, the existing traffic-generated noise level on project area roadways is between
60.7 dBA Ldn and 62.5 dBA Ldn at 100 feet from the centerline. As previously described, Ldn is 24-hour average noise level with a 10 dBA “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively.
Traffic noise levels for roadways primarily affected by the project were calculated using the FHWA’s Highway Noise Prediction Model (FHWA-RD-77-108). Traffic noise modeling was conducted for conditions with and without the project, based on traffic volumes (Kimley-Horn, 2022). As noted in Table 3-12:
Existing and Project Traffic Noise, project noise levels 100 feet from the centerline would range from 60.7 dBA to 62.6 dBA. The project would have the highest increase of 0.2 dBA on San Juan Road between SR- 156 and Graf Road; Graf Road and Project Highway; and Project Highway and Miller Road. However, the
0.2 dBA increase is under the perceptible 3.0 dBA noise level increase. Therefore, the proposed project would not have a significant impact on existing traffic noise level s.
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Table 3-12: Existing and Project Traffic Noise
Roadway Segment
Existing
Conditions With Project Project Change
from Existing
Conditions
Significant
Impact? ADT dBA Ldn1 ADT dBA Ldn1
San Juan Road
Between SR-156 and Graf Road 8,520 60.7 8,880 60.9 0.2 No Between Graf Road and Project Highway 8,900 60.9 9,260 61.1 0.2 No Between Project Highway and Miller
Road 9,410 61.1 9,840 61.3 0.2 No
Between Miller Road and Westside
Boulevar d 12,850 62.5 13,210 62.6 0.1 No
ADT = average daily trips; dBA = A -weighted decibels; Ldn= day -night noise levels
1.Traffic noise levels are at 100 feet from the roadway centerline.
Source: Based on a Transportation Impact Analysis provided by Kimley-Horn, 2022. Refer to Appendix G for noise modeling assumptions and results.
Table 3-13: Background Year and Background Year Plus Project Traffic Noise, shows the Background Year and Background Year Plus Project traffic conditions. Per the Transportation Analysis, Background Year includes the approved/pending projects provided by the City that were added to the existing 2022 volumes.
As shown in Table 3-13, Background Year roadway noise levels with the proposed project would range from 61.7 dBA to 63.4 dBA. Noise levels along San Juan Road would increase by 0.2 dBA with the prop osed project. This level is below the perceptible noise level change of 3.0 dBA. Therefore, impacts would be less than significant.
Table 3-13: Background Year and Background Year Plus Project Traffic Noise Roadway Segment
Background Year With Project Project Change
from Existing
Conditions
Significant
Impact? ADT dBA Ldn1 ADT dBA Ldn1
San Juan Road
Between SR-156 and Graf Rd 10,820 61.7 11,180 61.9 0.2 No Between Graf Rd and Project Dwy 11,220 61.9 11,570 62.0 0.1 No Between Project Dwy and Miller Rd 11,730 62.1 12,160 62.2 0.1 No Between Miller Road and Westside
Blvd 15,650 63.3 16,010 63.4 0.1 No
ADT = average daily trips; dBA = A -weighted decibels; Ldn= day -night noise levels
1. Traffic noise levels are at 100 feet from the roadway centerline.
Source: Based on traffic data provided by Kimley-Horn, 2022. Refer to Appendix G for noise modeling results.
As shown in Table 3-14: Cumulative Year and Cumulative Year Plus Project Traffic Noise, cumulative year roadway noise levels with the proposed project would range from 62.6 dBA to 64.2 dBA. Noise levels along San Juan Road would increase by 0.1 dBA with the proposed project. This level is below the perceptible noise level change of 3.0 dBA. Therefore, impacts would be less than significant.
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Table 3-14: Cumulative Year and Cumulative Year Plus Project Traffic Noise Roadway Segment
Future Year With Project Project Change
from Existing
Conditions
Significant
Impact?
ADT dBA Ldn1 ADT dBA Ldn1
San Juan Road
Between SR-156 and Graf Rd 13,210 62.6 13,570 62.7 0.1 No Between Graf Road and Project
Dwy
13,700 62.8 14,050 62.9 0.1 No
Between Project Dwy and Miller Rd 14,210 62.9 14,640 63.0 0.1 No Between Miller Road and Westside
Blvd 18,690 64.1 19,050 64.2 0.1 No
ADT = average daily trips; dBA = A -weighted decibels; Ldn= day -night noise levels
1. Traffic noise levels are at 100 feet from the roadway centerline.
Source: Based on the Transportation Impact Analysis provided by Kimley -Horn, 2022. Refer to Appendix G for noise modeling results.
Project traffic would traverse and disperse over project area roadways, where existing ambient noise levels already exist. Future development associated with the proposed project would result in additional traffic on adjacent roadways, thereby increasing vehicular noise near existing and proposed land uses.
This level is below the perceptible noise level change of 3.0 dBA. Therefore, impacts would be less than significant.
Stationary Noise Sources
Implementation of the proposed project would create new sources of noise in the project vicinity from residential sources, mechanical equipment, truck loading areas, parking lot noise, and landscape maintenance.
Residential Areas
Noise that is typical of lodging areas includes group conversations, pet noise, vehicle noise (see discussion below) and general maintenance activities. Noise from residential stationary sources would primarily occur during the “daytime” activity hours of 7:00 a.m. to 7:00 p.m. Fu rthermore, the residences would be required to comply with the noise standards set forth in the City’s General Plan and Municipal Code.
The Project area may include some crowd noise due to residents and visitors at the proposed outdoor exercise and common space areas. Crowd noise is dependent on several factors including vocal effort, impulsiveness, and the random orientation of the crowd members. Crowd noise is estimated at 60 dBA at one meter (3.28 feet) away for raised normal speaking. This noise level would have a +5 dBA adjustment for the impulsiveness of the noise source, and a -3 dBA adjustment for the random orientation of the crowd members. Therefore, crowd noise would be 62 dBA at one meter from the source. Noise has a decay rate due to distance attenuation, which is calculated based on the Inverse Square Law for sound propagation. Based upon the Inverse Square Law, sound levels decrease by 6 dBA for each doubling of distance from the source. As a result, crowd noise would be 56.0 dBA at 6.56 feet and 52.3 dBA at 10 feet.
Therefore, crowd noise at the closest existing sensitive receptors (located 15 feet away) would not exceed the City’s 60 dBA standard. A less than significant impact would occur in this regard.
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Mechanical Equipment
Regarding mechanical equipment, the proposed project would generate stationary-source noise associated with heating, ventilation, and air conditioning (HVAC) units. HVAC units typically generate noise levels of approximately 52 dBA at 50 feet.22 The nearest existing sensitive receptor’s lines are located approximately 15 feet from the closest potential proposed living area of the site. However, the mechanical equipment would be located approximately 85 feet from the nearest sensitive receptors to the east. At 85 feet, mechanical equipment noise levels would be 47.4 dBA. Therefore, noise levels from the mechanical equipment would not be audible from the nearest sensitive receptors. The mechanical equipment could also be roof mounted, however this would be centrally located, shielded by parapets, and more than 50 feet from the nearest sensitive receptor. Therefore, the noise level is below the City’s 60 dBA exterior standard. The proposed project would not place mechanical equipment near residential uses, and noise from this equipment would not be perceptible at the closest sensitive receptor (existing residences 15 feet from the proposed project site). Impacts from mechanical equipment would be less than significant.
Loading Area Noise
The proposed project is a mixed-use development that would necessitate occasional deliveries of vans and light trucks and not heavy-duty trucks. The primary noise associated with deliveries is the arrival and departure of trucks. Normal deliveries typically occur during daytime hours. During loading and unloading activities, noise would be generated by the trucks’ diesel engines, exhaust systems, and brakes during low gear shifting braking activities; backing up toward the docks/loading areas; dropping down the dock ramps; and maneuvering away from the docks. The proposed project is not anticipated to require a significant number of truck deliveries. The majority of deliveries for the commercial uses would consist of vendor deliveries in vans and would be infrequent and irregular. The closest that the proposed project could be located to sensitive receptors would be approximately 15 feet away. However, the proposed truck activities would occur approximately 300 feet from the sensitive receptors near the proposed commercial use. While there would be temporary noise increases during truck maneuvering and engine idling, these impacts would be of short duration and infrequent. Typically, heavy truck operations generate a noise level of 64 dBA at a distance of 50 feet.23 At the nearest sensitive receptors approximately 15 feet, noise levels would attenuate to 74.5 dBA. Since the nearest loading areas would be approximately 300 feet from the nearest sensitive receptors, noise levels would reduce to 48.4 dBA. Noise levels w ould be further attenuated by intervening terrain and structures. As noise levels associated with trucks and loading/unloading activities would be infrequent and irregular, impacts would be less than significant.
Trash enclosures would be positioned in the northeastern corner adjacent to the existing gas station.
Trash and recycling trucks would conduct weekly trash/recycling pickups at these locations on the project site. Trash and recycling truck operations are considered part of standard operations in the area, and noise from these trucks would be short-term and irregular. As such, a less than significant impact would occur in this regard.
22 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 6, 2010.
23 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden. Noise Navigator Sound Level Database with Over 1700 Measurement Valu es, July 6, 2010.
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Parking Areas
Traffic associated with parking areas is typically not of sufficient volume to exceed community noise standards, which are based on a time-averaged scale such as the CNEL scale. However, the instantaneous maximum sound levels generated by a car door slamming, engine starting up and car pass-bys may be an annoyance to adjacent noise-sensitive receptors. Parking lot noise can also be considered a “stationary” noise source.
The instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car pass-bys range from 53 to 61 dBA at 50 feet 24 and may be an annoyance to noise-sensitive receptors.
Conversations in parking areas may also be an annoyance to sensitive receptors. Sound levels of speech typically range from 33 dBA at 48 feet for normal speech to 50 dBA at 50 feet for very loud speech.25 It should be noted that parking lot noise are instantaneous noise levels compared to noise standards in the DNL scale, which are averaged over time. As a result, actual noise levels over time resulting from parking lot activities would be far lower. The closest adjacent residential uses would be approximately 65 feet from the parking lot activities. Based on this distance, the vehicle related noise levels would be approximately 58.7 dBA, Leq. Therefore, the noise levels would not exceed the City’s 60 dBA exterior noise standards. In addition, parking lot noise would also be partially masked by the background noise from traffic along San Juan Road and noise associated with the existing gas station adjacent to the project site.
Noise associated with parking lot activities is not anticipated to exceed the City’s Noise Standards during operation. Therefore, noise impacts from parking lots would be less than significant. .
Landscape Maintenance Activities
Development and operation of the proposed project includes new landscaping that would require periodic maintenance. Noise generated by a gasoline-powered lawnmower is estimated to be approximately 70 dBA at a distance of 5 feet. Landscape Maintenance activities would be 58 dBA at the closest sensitive receptor approximately 20 feet away. Maintenance activities would operate during daytime hours for brief periods of time as allowed by the City Municipal Code and would not permanently increase ambient noise levels in the project vicinity and would be consistent with activities that currently occur at the surrounding uses. Therefore, with adherence to the City’s Municipal Code, impacts associated with landscape maintenance would be less than significant. b) Generation of excessive groundborne vibration or groundborne noise levels? Construction
Less than Significant Impact. Increases in groundborne vibration levels attributable to the proposed project would be primarily associated with construction-related activities. Construction on the proposed project site would have the potential to result in varying degrees of temporary groundborne vibration, depending on the specific construction equipment used and the operations involved. Ground vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance. The effect on buildings located in the vicinity of the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver b uilding(s). The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling
24 Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3 -10, 1991. 25 Elliott H. Berger, Rick Neitzel, and Cynthia A. Kladden. Noise Navigator Sound Level Database with Over 1700 Measurement Valu es, July 6, 2010.
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sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Groundborne vibrations from construction activities rarely reach levels that damage structures.
The FTA has published standard vibration velocities for construction equipment operations. In general, depending on the building category of the nearest buildings adjacent to the potential pile driving area, the potential construction vibration damage criteria vary. For example, for a building constructed with reinforced concrete with no plaster, the FTA guidelines show that a vibration level of up to 0.50 inch per second (in/sec) peak particle velocity (PPV) is considered safe and would not result in any construction vibration damage. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.2 in/sec) appears to be conservative. The types of construction vibration impacts include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience cosmetic damage (e.g., plaster cracks) at distances beyond 30 feet. This distance can vary substantially depending on soil composition and underground geological layer between vibration source and receiver.
Table 3-15 lists vibration levels at 25 feet for typical construction equipment. Groundborne vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance. As indicated in the table, based on FTA data, vibration velocities from typical heavy construction equipment operations that would be used during project construction range from 0.003 to
0.089 in/sec PPV at 25 feet from the source of activity. The nearest sensitive receptors are the residences directly to the east of the project site approximately 15 feet from the active construction zone.
Table 3-15: Typical Construction Equipment Vibration Levels Equipment
Peak Particle Velocity at
25 Feet (in/sec)
Peak Particle Velocity at
15 Feet (in/sec) 1
Large Bulldozer 0.089 0.1915
Loaded Trucks 0.076 0.1635
Rock Breaker 0.059 0.1269
Jackhammer 0.035 0.0753
Small Bulldozer/Tractors 0.003 0.0065
1. Calculated using the following formula: PPVequip = PPVref x (25/D)1.5, where: PPVequip = the peak particle velocity in in/sec of the equipment adjusted for the distance; PPV ref = the reference vibration level in in/sec from Table 7 -4 of the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, 2018; D = the distance from the equipment to the receiver.
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual , September 2018.
The highest vibration levels are achieved with the large bulldozer operations. This construction activity is expected to take place during grading. Project construction would be more than 50 feet from the closest residential (e.g., mobile home residences) and nonresidential structure (e.g., Shop N Save). Therefore, construction equipment vibration velocities would not exceed the FTA’s 0.20 PPV threshold. In general, other construction activities would occur throughout the proposed project site and would not be concentrated at the point closest to the nearest residential structure. Therefore, vibration impacts associated with the proposed project would be less than significant.
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Operations
Less than Significant Impact. The proposed project would not generate groundborne vibration that could be felt at surrounding uses. Project operations would not involve railroads or substantial heavy truck operations, and therefore would not result in vibration impacts at surrounding uses. As a result, impacts from vibration associated with project operation would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the p roject area to excessive noise levels?
No Impact. The nearest airport to the proposed project site is the Hollister Municipal Airport located approximately 2.6 miles northeast of the project site. The proposed project is not within 2.0 miles of a public airport or within an airport influence zone. Additionally, there are no private airstrips located within the proposed project vicinity.
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3.14 Population and Housing
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
X
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
X
Existing Setting
The 2021 population of the City of Hollister was approximately 41,386 persons as of January 1, 2021.26 According to the California Department of Finance (DOF), the City has 12,168 housing units and 3.48 persons per household. Data from the Employment Development Department for February 2022 shows the Hollister labor force is approximately 19,700 people with an unemployment rate of approximately 6.8 percent.27 The unemployment rate for San Benito County is approximately 6.1 percent.
According to the General Plan Housing Element, approximately 80 percent of homes in the City are single- family development. The Housing Element states that the City needs more duplexes, condominiums, and apartments in order to provide a variety of housing types to fit all income levels. I n November 2002 Hollister voters enacted a growth cap initiative that limits new residential development to 244 homes per year. However, there is pressure in communities throughout California coming from the State to plan, permit and construct additional housing, with an emphasis on more affordable housing, to meet the State’s acute housing shortage.
26 California Department of Finance. Table 2: E -5 City/County Population and Housing Estimates, 1/1/2021. Available at:
http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e -5/. Accessed April 5, 2022. 27 California Employment Development Department. Monthly Labor Force Data for Cities and Census Designated Places February 2022.
Available at: https://www.labormarketinfo.edd.ca.gov/data/labor -force-and-unemployment-for-cities-and-census-areas.html. Accessed April 5, 2022 .
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Discussion
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. Development of the proposed project would potentially increase population in the City. While some of the new residents to the project would likely come from the existing population of Hollister, the actual number of these persons cannot be determined. Thus, it is assumed for the analysis of this Initial Study that all future residents of the proposed project are new to Hollister.
Based on the number of proposed dwelling units (157) with the project and 3.5 persons per household
3.50 for the City, as identified by the DOF, the project would increase the City’s population by 550 people (157 dwelling units x 3.48 persons per household = 546 persons). This could be considered substantial population growth in any location. However, the 2005 Hollister General Plan included population projections though the year 2023. By 2023, Hollister was projected to have a population of 55,192.
The General Plan EIR considered this growth to be a significant and unavoidable impact. The General Plan also anticipated the 2010 population of Hollister to be approximately 44,790. Current population estimates of 41,386 are substantially short of the 2010 General Plan projected population. The addition of 546 persons as a result of the development of the project would not increase the population of the City beyond the anticipated 2023 population or even the 2010 population. The persons per household figure of 3.48 is also representative of the City’s inventory of single-family homes. The multi-family apartments proposed by the project would likely have fewer persons per household, consistent with housing statistics throughout the State.
The Commercial and Mixed-Use land use designation is intended to accommodate a mix of residential and commercial uses with an emphasis on residential activity as the primary use and commercial activity allowed in a secondary role. During construction of the project, temporary construction jobs would be created. In addition, the commercial component of the proposed project would create a small number of employment opportunities. Overall, however, the project would create more housing than jobs within the City, further affecting the imbalance of the City’s jobs/housing ratio, which has more housing than employment. This information is of interest to the City but is strictly for informational purposes and is not an issue typically subject to CEQA review.
b) Displace substantial numbers of existing people or housi ng, necessitating the construction of replacement housing elsewhere?
No Impact. The 5.55-acre project site is currently vacant with an existing metal barn on the western portion of the site. Implementation of the project would not result in the removal of any residential units or displacement of people such that construction of replacement housing would be required elsewhere.
Thus, no impacts would occur.
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3.15 Public Services
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in:
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times or other performance objectives for any of
the public services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X
Existing Setting
Fire Protection Services
Fire protection services within the City limits are provided by the Hollister Fire Department (HFD). The Hollister Fire Department has four fire stations.28 The nearest fire station to the project site is Station 1 located at 110 5th Street, approximately 1.4-mile east of the project site. The next closest fire station to the project site is Station 3, located at the Hollister Municipal Airport, approximately 2.5 miles north of the project site. The Hollister Fire Department provides first responder emergency medical services and responds to all automatic aid areas as the first responder for emergency medical services incidents. The HFD’s response time goal is 3 minutes.29
28 City of Hollister. Contacts. Available at: http://hollister.ca.gov/contact/ . Accessed on April 6, 2022. 29 City of Hollister. Briggs 17 Unified Cannabis Cultivation Park, Hollister CA – Initial Study and Mitigated Negative Declaration, page 80. July 2019.
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Police Protection
Police protection services are provided to the project site by the Hollister Police Department (HPD).
Headquarters are located at 395 Apollo Way, approximately 4.3 miles northeast of the project site.
The HPD service ratio is one officer per 1,000 residents.
Schools
The project is located within the Hollister School District (HESD) for grades K-8 and San Benito High School District for grades 9-12.
The Hollister School District serves a student population of about 5,415 students with five elementary schools (K–6), a K–8 school, two middle schools (7–8), a Dual Language Immersion Academy (K–6, Spanish/English), and an Accelerated Achievement Academy (4–8). The district employs approximately 495 staff members, including certificated and classified employees, substitutes, and others (National Center for Education Statistics, 2022a).
The San Benito High School District has two schools that served a student population of 3,285 students in the 2020/2021 school year (National Center for Education Statistics, 2022b). In the 2020/2021 school year, the school had 128 teachers.
Students in the project area would attend R.O. Hardin Elementary School (grades K-5), Rancho San Justo Middle School (grades 6-8), and San Benito High School (grades 9-12).30 Other Public Facilities, Libraries
The San Benito County Free Library System in Hollister is located at 470 5th Street, approximately 1 mile east of the project site.31 According to the 2020 Annual Report, approximately 43,242 people have a library card and the library is supported by nine full-time staff members.32 Discussion
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire protection?
Less than Significant Impact. Development of the proposed project may incrementally increase the demand for fire protection services; however, not to a substantial level considering the site’s urbanized location. The nearest fire station to the project site is the Station 1, located approximately 1.4-miles east of the project site. The HFD’s response time goal is 3 minutes. The project site can be served within the 3- minute goal from Station 1.
30 My School Location. Hollister School District. Available at: https://www.myschoollocation.com/hollistersd/ . Accessed on April 6, 2022. 31 San Benito County Free Library. Available at: http://sbcfl.org/ . Accessed on April 6, 2022. 32 San Benito County Free Library. Annual Report 2020. Available at: https://sbcfl.org/wp-content/uploads/2021/02/2019-20-Infographic.pdf E.3.c
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The project would intensify development on the project site by adding 157 residential units. This would result in an additional population of up to 546 people. As a result, project development would incrementally increase the number of residents in the City (and this specific location) and cause an incremental, concentrated increase in demand for fire protection services and facilities.
According to the General Plan EIR, buildout of the General Plan would likely increase medical calls and fire alarms given the increased number of residents and employees in the City. While the General Plan EIR does not indicate a specific need to construct new fire stations or significantly expand existing stations or other facilities, it does acknowledge that additional fire staffing would be required. The General Plan contains a number of policies and programs to address adequate services and facilities including emergency services such as police and fire.
The General Plan found with implementation of Policy LU2.3, there would be a less than significant impact to police and fire services. In addition, the project would be subject to development impact fees and as a standard condition of project approval, the applicant would be required to pay the City’s impact fees at the time of project approval. Furthermore, the proposed project is within the requirements of the General Plan designation and would be constructed in accordance with current Building codes, Fire Codes, and City policies to avoid unsafe building conditions and promote public safety. Thus, impacts would be less than significant.
ii. Police protection?
Less than Significant Impact. Police protection services would be provided by the HPD. Although a new mixed-use building with retail/commercial and residential uses would be constructed on the project site, the project would be located in an urbanized area and would not result in a substantial increase in demand on police services. It is not anticipated to increase response times to the project site or vicinity. The project does not propose or require new or physically altered police protection facilities. The project would be subject to development impact fees and as a standard condition of project approval, the applicant would be required to pay the City’s impact fees at the time of project approval to offset the financial burden new development would cause the HPD. In addition, the project would be constructed in accordance with current Building codes and City policies to avoid unsafe building conditions and promote public safety.
Furthermore, the potential growth resulting from the proposed project is accounted for in the planned growth for the City. The project is only a small fraction of the total growth identified in the General Plan.
Compliance with the General Plan policies would help to ensure that the HPD meets and maintains the City’s response time objectives over the long-term. Thus, impacts would be less than significant. iii. Schools?
Less than Significant Impact. The project site is located within the HESD and SBHSD boundaries. According to Table 8 of the 2015 Housing Element, the age range 6–13 represented approximately 14.0 percent of the city population, while age range 14– 17 represented 6.8 percent of the population in 2008. Based on an anticipated project resident population of 546 people, the project could increase student population in the elementary/middle school ages by 76 students and in the high school ages by approximately 37 students.
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adopted by the state to mitigate any school facilities impacts. Section 65995(h) states that the payment of statutory fees “is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities.” For this reason, development of the project would have a less than significant impact related to school facilities. New facilities, if and when required by the school districts, would be developed and analyzed independent of this project review. iv. Parks?
Less than Significant Impact. The proposed project includes 1,665 sf (0.04 acres) of shared open space in the form of a 3-story community building for the project residents. It is assumed this component of the plan is not considered formal public space and would be intended for use by project residents.
An update to the Park Facility Master Plan (last updated in 2002) for the City was adopted in May 2019 and the parks level of service standard increased from “4 acres per 1,000 residents” to “5 acres per 1,000 residents”. According to the 2019 Park Master Facility Plan, the City has approximately 15 pocket parks, neighborhood parks, and community parks. The City also includes seven school parks and two county parks. Currently, the City has approximately 84 acres of park with approximately 2.3 acres per 1,000 residents. The City would need approximately 62 more acres to meet the prior level of standard of “4 acres per 1,000 residents”. To better reach this goal and provide adequate levels of public recreation amenities, the City increased the parks ratio to 5 acres per 1,000 residents.
According to Section 16.55.040(2)(a) of the Hollister Municipal Code, parkland dedication for multi-family development is determined using a ratio of 0.0172 acres per unit. The project would therefore require
2.70 acres of parkland/open space to meet this ratio. The City imposes park impact fees for all new residential development in the City. Per Section 16.55.050 of the City Municipal Code, the project would be required to comply with the payment of in-lieu fees, or parkland dedication, or a combination of both.
As the open space component does not meet this standard, the project will likely require a combination of physical improved park and open space area and in-lieu fees.
The construction of any park or open space facilities would occur with project construction. As such, no additional environmental effects from construction would occur beyond those already anticipated.
The City collects a parks development impact fee to offset the financial burden new development would cause to the City’s parkland. Additionally, the proposed project has approximately 0.04 acres of common open space. This open space in combination with impact fees, as determined by the City, would reduce impacts to parkland facilities to less than significant. v. Other public facilities?
Less than Significant Impact. The project proposes the construction of 157 residential units which could lead to a demand on other public facilities such as libraries within the City. According to the General Plan, the library system in the City has experienced funding problems and has reduced the hours of operation for the library facilities. However, projects consistent with the General Plan and complying with programs and policies within the General Plan would have less than significant impacts (such as CSF4.9 Library Services). Therefore, the project would not require the construction of other public facilities which might have an adverse physical effect on the environment and there would be a less than significant impact.
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3.16 Recreation
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
X
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
X
Existing Setting
The City of Hollister manages a total of 84 acres of regional and neighborhood/community serving parkland. According to the 2019 Park Master Facility Plan, the City has approximately 15 pocket parks, neighborhood parks, and community parks. The City also includes seven school parks and two county parks. The closest park to the project site is newly developed Brigantino Park located at 2100 San Juan Road, approximately 0.3 miles southwest of the project site. Brigantino Park includes acres of green grass and future soccer and softball fields. Other parks located within the same distance to the project site are John Z. Hernandez Memorial Park and Tony Aguirre Memorial Park, both located northwest of the project site.
Discussion
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less than Significant Impact. The project would increase the City’s population by approximately 546 persons, as discussed in Section 3.15, Population and Housing, would result in a greater demand for park and recreation facilities. The increase in park and recreation users may increase the potential for deterioration to existing facilities. However, this number of people, combined with the City’s on-going park operation and maintenance plans (for which this proposed project would contribute to by way of property taxes) would not be expected to result in a substantial physical deterioration to parks or other recreation facilities because the project would be required to pay all park impact fees, which are used to assist in the development and maintenance of parks and recreation facilities. As such, the proposed project would have a less than physical impact on park facilities.
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b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. Refer to Section 4.16 Public Services, Discussion Impact A (iii). As discussed above, the project includes shared open space areas for the project residents. However, as discussed throughout this document the project would be subject to mitigation measures to reduce potential environmental impacts related to construction and operation of the site. Therefore, the project would not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment and there would be no impact.
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3.17 Transportation
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
X
b) Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3,
subdivision (b)?
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
A transportation impact analysis (TIA) was prepared to determine potential deficiencies related to the project based on standards and methodologies set forth by the City of Hollister (City) and California Department of Transportation (Caltrans) and addresses potential impacts on vehicle miles traveled (VMT). As this study is intended to assist the City in making findings under the California Environmental Quality Act (CEQA), it should be noted that recent changes to CEQA now recognize VMT as the primary standard of review for project impacts. Therefore, intersection level of service (LOS) and delay results will be referred as deficiencies. This study includes LOS and queuing analyses of the AM and PM peak hour traffic conditions for six (6) intersections. This study also addresses the potential transportation effects of the proposed project to assist the City with project planning and the identification of potential conditions of approval for the project.
This initial study summarizes key findings from the TIA to support the Initial Study Checklist. For the complete TIA and all related assumptions and information, please see Appendix H.
The TIA analyzed the project’s potential effects to the following six intersections in the City:
1. San Juan Road/4th Street and SR 156
2. San Juan Road/4th Street and SR 156
3. San Juan Road/4th Street and Graf Road
4. San Juan Road/4th Street and Project Driveway
5. San Juan Road/4th Street and Miller Road
6. San Juan Road/4th Street and Westside Boulevard
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All six intersection currently operate at LOS A or B (acceptable).
The study used the following scenarios to determine the project’s effect on the six intersections. • Existing Conditions
• Existing Plus Project
• Background Conditions
• Background Plus Project Conditions
• Cumulative Conditions
• Cumulative Plus Project Conditions
Although CEQA now recognizes VMT as the primary analysis methodology for transportation impacts, intersection LOS and queuing were also analyzed to determine the operational effects of nearby study intersections due to the proposed project. LOS is a qualitative description of operating conditions based on an alphabetic scale. The scale ranges from LOS A, or free flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. The LOS standard for intersections under the jurisdictions of the City of Hollister and Caltrans is LOS C. The LOS standard for intersections under the jurisdiction of San Benito County is LOS D.
Existing Setting
Regional and Local Access
The following roadway network provide access to the project site:
4th Street/San Juan Road is a two-lane, east-west roadway with discontinuous two-way left-turn lanes (TWLTL) within the study area. It begins as San Juan Road/4th Street/SR 156B at State Route 156 (SR 156) to the west and transitions into Meridian Street at McCray Street.
Graf Road is a two-lane, north-south roadway within the study area. It connects to Central Avenue to the north and San Juan Road to the south.
Miller Road is a two-lane, north-south roadway within the study area. It connects to Buena Vista Road to the north and San Juan Road to the south. Miller Road is a collector that provides access to residential and commercial land uses as well as access to the Calaveras Elementary School just east of the roadway.
State Route 156 (SR 156) is a two-lane, north-south State Route within the study area. It connects to SR 152 to the north and US-101 to the south, providing access to the Cities of Hollister and San Juan Bautista and unincorporated areas within the County. SR 156 is classified as a major thoroughfare in the City of Hollister General Plan.
Westside Boulevard is a two-lane, north-south roadway within the study area. It connects to Westside Road to the north and Nash Road to the south and provides access to residential land uses.
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Pedestrian Facilities
There are few sidewalks and crosswalks provided near the project site since the study area is less developed and consists of more industrial uses in comparison to east of the study area consisting of more residential and commercial uses. Near the project site, sidewalks are provided along both sides of Graf Road and along both sides of San Juan Road/4th Street, beginning 460 feet east of Graf Road with continuous sidewalks up to Sally Street. There are gaps in the pedestrian facility along San Juan Road/4th Street, west of the Shop N Save with no sidewalks provided adjacent to the project site.
Bicycle Facilities
There are no existing Class I bicycle paths near the project site. Class II bicycle facilities currently exist on San Juan Road, just east of the project site. A future Class II bicycle path is proposed adjacent to the project site extending bicycle lanes to SR-156.
Transit Service
The San Benito County Express (County Express) provides transit services within the City of Hollister and the nearby cities of Gilroy and San Juan Bautista. The County Express provides multiple fixed routes near the project site within the City.
Discussion
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less than Significant Impact. The information below summarizes the effects of the project on the local roadway network as a method of determining potential conflicts with plans, programs or policies related to circulation, transit, bicycle and pedestrian facilities.
Existing Plus Project Conditions
The number of net new project trips anticipated to be added to the roadway system surrounding the project site was estimated based on data published in the Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 11th Edition. In addition, a five (5) percent internal capture reduction and a 15 percent pass-by reduction were applied for the proposed project based on the Caltrans Guide for the Preparation of Traffic Impact Studies. The proposed project is anticipated to generate a total net new 868 daily trips, a net new +66 trips in the AM peak hour (18 trips in and 48 trips out) and a net new +78 trips in the PM peak hour (42 trips in and 32 trips out).
The addition of project traffic does not trigger any LOS deficiencies and therefore is consistent with programs, plans and policies that rely on LOS as a standard.
Background Plus Project Intersection Analyses
The results of the intersection level of service under background plus project conditions are summarized in Table 6 of the TIA. The results indicate Intersection #4 – San Juan Road/4th Street & Project Driveway is projected to operate at an unacceptable LOS D during PM peak hour, but does not meet the thresholds that warrant signalization under background conditions. Thus, the project does not create a deficiency at the study intersection. The remaining study intersections would continue to operate at acceptable levels of service during both the AM and PM peak hours under background conditions plus project.
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Cumulative Conditions
Cumulative conditions represent a summary of the traffic conditions that would occur with the full development of currently proposed projects in the City. The TIA analyzed cumulative transportation improvements, traffic volume, and volumes at study intersections.
Approved and pending projects for the City of Hollister were provided by the City, and projects within the County were derived from a previous traffic study with a list of pending and approved project provided by the County of San Benito. In addition, to account for Cumulative grow th along SR 156, a growth rate derived from historical counts was applied to the northbound and southbound through volumes at Intersection #1 (SR 156 and San Juan Road/4th Street). The Cumulative year was assumed to be 2035.
The results of cumulative conditions plus project traffic conditions at study intersections are summarized in Table 8 of the TIA. The results indicate Intersection #4 – San Juan Road/4th Street & Project Driveway is projected to operate at an unacceptable LOS D during AM peak hour under cumulative conditions plus project traffic and LOS E during PM peak hour under cumulative conditions plus project traffic, but does not meet the thresholds that warrant signalization under cumulative conditions. Since the peak hour signal warrants were not met in the Background Plus Project Conditions and Cumulative Plus Project Conditions, the project does not create a deficiency at the study intersection. The remaining study intersections would continue to operate at acceptable levels of service during both the AM and PM peak hours under cumulative conditions plus project.
Project Traffic Conclusions
The project will need to pay any established fair share development impact fees for common and planned improvements, and include coordinated roadway planning consistent with West Gateway District design guidelines. No program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities will be impacted by the proposal. This is a less than significant impact.
The impacts of the project on key study intersections were identified based on City, San Benito County, and Caltrans level of service standards. Based on the TIA, the project would not create any significant deficiencies at any of the study intersections under existing plus project conditions, background plus project conditions, or cumulative conditions. As the intersection at San Juan Road/4th Street & Project Driveway is already in place, the project will result in a less than significant impact at this intersection. No mitigation is necessary.
Public Transit, Bicycle and Pedestrian Facilities
The project would create additional demand for transit, bicycle, and pedestrian facilities in the project area. For those taking transit, the Blue and Green Lines operate within the vicinity of the project site with the nearest bus stop located at the intersection of Graf Road and Central Avenue and is less than 0.25- mile walking distance from the project site. The nearest bus stop for the Intercounty Service routes is located at the intersection of San Juan Road/4th Street and Miller Road and is located approximately 970 feet east of the project site. Bus stops for the Blue and Green Lines are located close to nearby schools which provide access for students between the schools and the project site.
As noted in Existing Setting, there are existing sidewalks along both sides of San Juan Road/4th Street, beginning 460 feet east of Graf Road with continuous sidewalks up to Sally Street. There are also sidewalks along Miller Road and Central Avenue for pedestrians to access Calaveras Elementary School and E.3.c
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Calaveras Park located northeast of the project site. Pedestrians accessing other nearby schools such as RO Hardin Elementary School and Sacred Heart School can use the existing sidewalks along San Juan Road/4th Street and Westside Boulevard. However, there are missing gaps in the pedestrian facility along San Juan Road/4th Street, west of the Shop N Save driveway, including missing sidewalks along the frontage of the project site which would provide difficulty for pedestrians to access the bus stop located at Graf Road and Central Avenue as well as the community parks located along Central Avenue northwest of the project site.
As part of the West Gateway Beautification Project for Phase 1, which consists of roadway improvements along San Juan Road/4th Street, sidewalks are proposed to be constructed on San Juan Road/4th Street from the project site to Graf Road. Crosswalks are also proposed on all five legs of the roundabout at Graf Road and San Juan Road/4th Street. Therefore, with the proposed Phase 1 improvements of the West Gateway Beautification project that are estimated to be in place in Background Plus Project Conditions, pedestrians will be able to access the bus stop at Graf Road and Central Avenue and the community parks located northwest of the project site. Within the project site, pedestrians can access the project site using the pedestrian pathway and sidewalk located on the west side of the driveway aisle which the connects to the stairs that provide access to the parking garage.
Currently, there are existing Class II bicycle lanes just east of the project site and provides access to the commercial uses located at San Juan Road/4th Street and Miller Road. Bicyclists are able to access nearby schools long San Juan Road/4th Street and Westside Boulevard. Similar to pedestrian facilities, there are no bicycle facilities along San Juan Road/4th Street west of the project site and therefore access to the community parks located along Central Avenue northwest of the project site could be challenging.
However, with Phase 1 of the West Gateway Beautification project, which is estimated to be in place in Background Plus Project Conditions, Class II bicycle lanes would be constructed from the project site to Graf Road and therefore bicyclists can access the community parks northwest of the project site.
For these reasons, the proposed project is consistent with goals, policies, and programs adopted by the City for encouraging alternative transportation modes and increasing the safety and per formance of transit, bicycle, and pedestrian facilities and would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. With the proposed Phase 1 improvements of the West Gateway Beautification project that are estimated to be in place in Background Plus Project Conditions , impacts would be less than significant.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less than Significant Impact. A VMT analysis was completed for the proposed mixed-use development project. With the passage of SB 743, VMT has become an important indicator for determining if a new development would result in a “significant transportation impact”. Because the City of Hollister has not yet adopted its thresholds for determining a significant impact, draft values of these thresholds were used for this analysis.
To determine whether a project would result in CEQA transportation impacts related to VMT, a qualitative VMT analysis completed only for the proposed 157 multi-family residential units. The guidelines provided by the Governor’s Office of Planning and Research (OPR) state that “Lead agencies can evaluate each E.3.c
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component of a mixed-use project independently and apply the significance threshold for each project type included (e.g., residential and retail)...Combining different land uses and applying one threshold to those land uses may result in an inaccurate impact assessment.” Therefore, when considering the evaluation of the commercial component of the proposed project the guidelines further state that, “By adding retail opportunities into the urban fabric and thereby improving retail destination proximity, local -serving retail development tends to shorten trips and reduce VMT…retail development including stores larger than 50,000 square feet might be considered regional -serving, and so lead agencies should undertake an analysis to determine whether the project might increase or decrease VMT.” Because the proposed project only includes 3,750 square-feet of commercial space, the development can be assumed as “regionally serving” and therefore can be excluded from a quantitative VMT analysis, and also presumed to have a less than significant impact on VMT with respect to CEQA.
Travel Demand Models (TDMs) were also used to evaluate VMT for the project. The Association of Monterey Bay Area Governments Regional (AMBAG) Travel Demand Model was determined to be the best fit for this project considering the geographic location of the project and the detaile d roadway network in the model for the City of Hollister/San Benito County region.
Using the AMBAG TDM to determine the average daily VMT for the residential component of the proposed project required determining the average VMT per capita for the Traffic Analysis Zone (TAZ) that the project was located in. Using the address of the proposed project, it was determined that the proposed project was located in TAZ 1464. Based on the AMBAG TDM and project’s address, it was determined that this TAZ resulted in an average VMT per capita of 10.64 daily vehicle-miles. The regional average VMT per capita is 14.4 vehicle-miles with the draft threshold being 15 percent below the regional average, resulting in a threshold of 12.2 daily vehicle-miles. Therefore, the average VMT per capita of
10.64 daily vehicle-miles for the proposed project would result in a less than significant impact with respect to CEQA.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant with Mitigation Incorporated. A review of the project site plan was conducted (see Appendix H) to determine if adequate site access and on-site circulation is provided and to identify any access issues that should be improved. The review, summarized below, was based on the current site plans, and in accordance with generally accepted traffic engineering standards and City requirements.
Site Access
The project as current proposed creates a misalignment with the north leg of the intersection which provides access to the Vista de Oro Apartments across the road. Future development is also proposed on the north side of San Juan Road with access through this north leg. Realigning the north and south leg would reduce potential hazards for conflicting vehicular movements such as vehicles making a westbound left into the project site may drive into the eastbound left-turn pocket and conflict with vehicles making an eastbound left-turn into the Vista de Oro Apartments. Realigning this intersection is required to comply with Section 17.18.120 (A) of the City’s Municipal Code and to avoid this conflict.
The site plan proposes one driveway/access along San Juan Road/4th Street. It is assumed that the project driveway will be an unsignalized, full access driveway. The project driveway will be located adjacent to E.3.c
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the existing Shop N Save driveway located to the east of the project site. As proposed, the driveways for the Shop N Save and the project site are closely spaced and present potential vehicular hazards. The existing Shop N Save gas station’s driveway is located at the edge of the curb return located to the east of the project’s driveway and does not meet the minimum 150 feet distance required in the City’s Municipal Code, Section 17.18.120 (B). Additionally, vehicles making a westbound left-turn into the Shop N Save driveway may not have sufficient sight distance to observe oncoming eastbound through vehicles if they are behind a queue of vehicles waiting to make a westbound left-turn into the proposed project.
Therefore, it is recommended that the project entrance be redesigned to provide safe access for both land uses and for the new driveway to align with the north leg of the intersection to avoid conflicts.
Vehicular Queuing
The queuing analysis indicated that several existing turn bays storage lengths are exceeded under each analysis scenario. In all cases the inadequate queue lengths are not associated with the project but are a result of pre-existing deficiencies. Because the results are pre-existing deficiencies not associated with the project, the result is not a new deficiency since the project did not increase the queue by at least one vehicle length (i.e., 25 feet) under project conditions.
To avoid potential impacts associated with site access and safety/design hazards, the following MM TRA- 1 would be required to reduce impacts to site access to a less than significant level.
Mitigation Measures
Site Access
MM TRA-1 The project entrance shall align with the existing driveway located across the street (APN 052-360-004 and -005). Prior to issuance of a Building Permit, the Applicant for 1550 San Juan Road shall enter into an Agreement, in a form approved by the City, to relocate this existing (off site) driveway with the new driveway at 1550 San Juan Road. The existing driveway shall be relocated prior to Final Occupancy of the project located at 1550 San Juan Road. Final design and alignment shall ensure adequate access into the existing market and gas station.
Implementation of MM TRA-1 would reduce the impact to a less than significant level by consolidating the two driveways to avoid conflicts turning in and out of the project site. d) Result in inadequate emergency access?
Less than Significant with Mitigation Incorporated. As discussed above, a review of the project site plan was performed as part of the traffic analysis to determine whether adequate site access would be provided. The site plan proposes one unsignalized full-access entrances along San Juan Road/4th Street.
The site layout allows for continuous traffic circulation. Based on the site plan, there are no site improvements, such as raised medians or restricted movements that would limit emergency vehicles access to all project buildings. However, the design of future development on the project site is subject to the California Building Code and review and approval by the Hollister Fire Department, to ensure the proposed project is adequately designed to minimize risks associated with fire consistent with General Plan Policies CSF 4.12 and HS2.4. Based on this review, the City has determined that a second (future) emergency access point is required. Implementation of the MM TRA-2 would address this issue.
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MM TRA-2 The applicant shall allow for the future extension of the internal road, located between Building 4 and 8 and between Building 6 and 7 (where the road comes to a T intersection).
The extension shall be designed through the T intersection to connect to the adjacent property located 1619 4th Street. The parking spaces located in this area shall be temporary until such time that a project is under construction at 1619 4th Street. During the construction of 1619 4th Street the property owner of 1550 San Juan Road shall allow this property owner to connect with the internal road to provide two entrance/exits for 1550 San Juan Road.
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3.18 Tribal Cultural Resources
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the
significance of a tribal cultural resource, defined
in Public Resources Code section 21074 as either
a site, feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native American
tribe, and that is: i) Listed or eligible for listing in the California
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k)?
X
ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe?
X
Existing Setting
As described in Section 3.5, Cultural Resources, a cultural resources assessment was prepared in August 2020 (Dudek, 2020). As part of that investigation, Dudek requested a Sacred Lands File (SLF) search through the Native American Heritage Commission (NAHC) and conducted field investigation. The NAHC found positive results for the SLF search and directed Dudek to contact Amah Mutsun Tribal Band for more information. The NAHC also provided a list of tribal representatives to contact for information regarding known and recorded sites. Dudek conducted direct outreach to representatives of the Indian Canyon Mutsun Band of Costanoan, Amah Mutsun Tribal Band, and Amah Mutsun Tribal Band of Mission San Juan Bautista tribes (the tribes). The Amah Mutsun Tribal Band provided a response on August 6, 2020. All correspondence is available in Appendix B.
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Discussion
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Liste d or eligible for listing in the California:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Pu blic Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Less than Significant with Mitigation Incorporated. As described in Section 3.5, Cultural Resources, a cultural resources assessment was prepared in August 2020 (Dudek). As part of that investigation, the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) search was positive for tribal cultural resources, with the Amah Mutsun Tribal Band listed as the contact. The Amah Mutsun Tribal Band of Mission San Juan Bautista and Indian Canyon Mutsun Band of Costanoan were also listed as contacts.
During the outreach effort, the Amah Mutsun Tribal Band recommended monitoring by an Amah Mutsun Tribal Band member during construction. During the pedestrian survey of the project site conducted by Dudek, no evidence of potentially significant cultural resources were found. Results were determined to be negative.
However, given the archeological sensitivity of the project site, previously unknown unrecorded archeological deposits could be discovered during ground disturbing construction activities. Project implementation activities such as project site clearing, preparation, excavation, grading, trenching, boring etc. could potentially encounter buried tribal resources. Should this occur, the ability of the deposits to convey their significance, either as containing information about prehistory or history, as possessing traditional or cultural significance to the Native American or other descendant communities, would be materially impaired. Mitigation Measures MM CUL-1 and MM CUL-2 provide contingencies in the event that any such resources are discovered during construction. These measures would adequately mitigate this potential impact to a less than significant level.
Assembly Bill (AB) 52 requires lead agencies to conduct formal consultations with California Native American tribes during the CEQA process to identify tribal cultural resources that may be subje ct to significant impacts by a project. Where a project may have a significant impact on a tribal cultural resource, the lead agency’s environmental document must discuss the impact and whether feasible alternatives or mitigation measures could avoid or substantially lessen the impact. This consultation requirement applies only if the tribes have sent written requests for notification of projects to the lead agency. Notification was conducted by the City with applicable tribal representatives identified by the NAHC in compliance with AB 52. At the time of preparation of this Initial Study, no other Native American E.3.c
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tribes that are or have been traditionally culturally affiliated with the project vicinity have requested notification from the City of Hollister.
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3.19 Utilities and Service Systems
ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Require or result in the relocation or construction
of new or expanded water, wastewater
treatment or storm water drainage, electric
power, natural gas, or telecommunications
facilities, the construction or relocation of which
could cause significant environmental effects?
X
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
Existing Setting
The project site is located within the Urban Service Area of the City of Hollister and is currently served by City services. Utilities and services are furnished to the project site by the following providers:
Wastewater Treatment: Wastewater treatment and disposal is provided by the Industrial Wastewater Treatment Plant and the Domestic Water Reclamation Facility. Sanitary sewer lines are maintained by the City of Hollister.
Water Service: City of Hollister Community Services Utilities Division.
Storm Drainage: City of Hollister.
Solid Waste: Hollister Disposal Company.
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Natural Gas & Electricity: Pacific Gas and Electric (PG&E).
Telecommunications: AT&T, Comcast, and Spectrum.
Discussion
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Water Supply
Less than Significant Impact. The City of Hollister Utilities Division–Water owns, operates, and maintains a water distribution system providing retail potable and non-potable water service to residents and businesses within or near the city limits. Hollister has two sources of potable water supply: purchased surface water from the San Benito County Water District (SBCWD) and groundwater from eight City owned and operated wells (two wells are currently offline). Hollister also has emergency interties with the Sunnyslope County Water District that allow water to flow between the two systems such that strict accounting of each individual system may result in unaccounted for or excess water (Todd Engineers 2016).
The City receives Central Valley Project (CVP) water from the SBCWD, treated at the Lessalt Water Treatment Plant (WTP). In 2015, the Lessalt WTP was retrofitted and can treat up to 2.5 million gallons (7,672,163 acre-feet per year [afy]) of surface water per day. The West Hills WTP was completed in 2017 and has a capacity to treat 4.5 million gallons (13,809,894 afy) of surface water per day (SBCWD, 2020).
Combined, the two treatment plants can meet all the City of Hollister and Sunnyslope County Water District needs through 2025.The SBCWD has a 40-year contract (extending to 2027) for a maximum of 8,250 afy of municipal and industrial water and 35,550 afy of agricultural water. According to the 2015 Hollister Urban Area Urban Water Management Plan (UWMP), potable water supply for a normal water year was 4,880 afy in 2015 and is projected to be 10,170 AFY in 2035.
The 2015 Hollister UWMP estimated that the total water demand for the Hollister Urban Area (HUA) could reach approximately 10,170 afy by 2035. However, the base demand is approximately 5,996 afy. The project would have a water demand of approximately 85,722 gpd or approximately 96.02 afy.33 Water usage associated with the proposed project represent a 2.0 percent increase over the systems wide 2015 water production of 4,880 afy.
In addition, implementation of the General Plan policies, existing regulations and local programs would ensure that the proposed project would reduce water consumption including expansion of the recycled water system and implementation of water conservation measures. Thus, relocation or construction of new or expanded water facilities would not be needed and there would be no impact.
33 According to the Urban Water Management Plan the per capita daily demand was 157 gpcd for the entire HUA regional alliance (T odd 2016).
With an estimated population of approximately 546 people*(157 gpcd) = 85,722 total project gallons per day.
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Wastewater
Less than Significant Impact. The City’s wastewater treatment facilities include the Industrial Wastewater Treatment Plant (IWTP) and the Domestic Water Reclamation Facility (DWRF). The IWTP primarily treats waste from the tomato cannery located in the City. It also collects a portion of the City’s stormwater runoff. The DWRF treats domestic, commercial, and industrial wastewater in Hollister and produces Title 22 reclaimed water for park irrigation, airport greenery, and groundwater recharge.
The DWRF is currently capable of treating up to 4 million gallons per day (mgd) for dry weather flow conditions and 5 mgd for we weather flow conditions (Wallace Group 2018). The 4-year average daily flow is approximately 2.2 mgd. Thus, the domestic wastewater treatment facility has approximately 1 mgd of unused capacity, as well as the optional expansion capacity of an additional 1 mgd. In 2019, the average wastewater flow per housing unit to the facility was 184.6 gallons per day (gpd) per unit.34 The project would connect to an existing sewer line adjacent to the project site and therefore would not require the extension of City sewer pipelines except to service the property. All sewer pipelines on the project site would be installed in the project roadways during construction and are the responsibility of the project applicant. The project would generate approximately 28,982 gpd of wastewater (184.6 gpd x 157 units). The addition of combined wastewater estimated from the project’s proposed uses would not cause an exceedance of the operational or permitted capacity at the Domestic Water Reclamation Facility.
Therefore, the project would have a less than significant impact on wastewater facilities.
Stormwater
Less than Significant Impact. Storm drainage facilities would be provided by the City of Hollister. The City’s storm drainage system comprises multiple networks of inlets, pipes, and basins that flow to the San Benito River, to Santa Ana Creek, or to terminal (retention) basins. The storm drainage system includes over 59 miles of piping flowing into one of the 20 river outfalls or to one of the five terminal basins. The City’s system does not include any stormwater pumping stations (Todd Engineers 2011).
As discussed in Section 3.10, Hydrology and Water Quality, implementation of the proposed project would increase impervious surfaces on-site. The project is including a stormwater detention and infiltration system. The storm drainage system would be designed to comply with Section E.12.e(ii)(d) of the NPDES General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ). This requires the site design to achieve an 85 percent capture rate. As currently designed, storm drainage will be retained and percolated on site .
Because the project would construct an internal drainage and capture system to serve the project, and would include infiltration facilities for water quality, sized according to City standards, the project would not require new or the expansion of existing storm drainage facilities. With implementation of a Stormwater Control Plan consistent with RWQCB and compliance with the City’s regulatory policies pertaining to stormwater runoff, operation of the proposed project would not require or result in the relocation or construction of new stormwater drainage and there would be a less than significant impact.
34 Based on an average of 2.2 mgd of wastewater divided by 11,917 housing units in 2019 in the City (DOF estimates).
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Electric Power, Natural Gas, and Telecommunications Facilities Less than Significant Impact. As the project site is currently located in a developed area of the City and is surrounded by urban uses, infrastructure on the project site is already established. Buildout of the project would increase demand for telecommunication and electrical services and would likely require new hookups to existing infrastructure, but not create a need for new physical facilities. As discussed above, PG&E is the main electricity and natural gas provider for the City of Hollister. PG&E would continue to provide these services for the project. Telecommunications would continue to be provided by AT&T, Comcast, and Spectrum. Therefore, the proposed project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or storm drainage, electric power, natural gas, or telecommunications facilities and there would be no impact. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less than Significant Impact. As discussed above, water service is provided by the City of Hollister. The proposed project would generate a water demand of approximately 86,000 gpd, which is within the supply and delivery capacity of the existing system that connects to the project. Cumulatively, water demand could exceed water supply with implementation of the General Plan during dry and multiple dry years after 2020. Implementation of the General Plan policies, existing regulations and local programs would ensure that the proposed project would reduce water consumption including expansion of the recycled water system and implementation of water conservation measures. Thus, impacts would be less than significant.
b) Result in a determination by the wastewater treatment provider which serves or may serv e the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact. The project’s wastewater would be treated by the City’s Domestic Water Reclamation Facility, which has sufficient capacity as noted in threshold question a), above. Therefore, the project would have a less than significant impact on wastewater facilities. c) Generate solid waste in excess of State or local standards, or in excess of the capacity o f local infrastructure, or otherwise impair the attainment of solid waste reduction goals? And,
d) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. Recology San Benito County provides garbage and recycling collection service in Hollister. The collection program includes curbside recycling, garbage, yard waste, used motor oil, and used oil filters (Recology 2022). The San Benito County Integrated Waste Management Regional Agency oversees landfill operations and the San Benito County garbage and recycling services contract and is responsible for ensuring compliance with federal and state waste regulations. The age ncy also implements the countywide household hazardous waste program and hosts household hazardous waste collection events every month in the city. The John Smith Road Landfill is the only permitted waste disposal facility serving the City. It is owned by the County of San Benito and operated by Waste E.3.c
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