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June 2, 2025

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STAFF REPORT

HOLLISTER PLANNING COMMISSION
MEETING DATE: February 27, 2025
REPORT # Community Development-2025-11

AGENDA ITEM: APPEAL 2024-3 ALEXANDER SYWAK REGARDING THE

LOCATION OF FENCING IN THE FARMSTEAD SUBDIVISION

DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Deny the appeal, affirm staff’s determination, and direct the applicant to revise the building permit applications to demonstrate the location of the rear yard fences of Lots 1 and 2 no closer than 5.5 feet from the northern property line.

CEQA: The appeal is exempt from CEQA pursuant to Section 15061(b)(3) as it does not have any potential for causing a significant effect on the environment.

PROJECT DESCRIPTION: At the February 6, 2025 special meeting of the Planning Commission, the Commission held a public hearing to consider an application for Appeal 2024-3, filed by Alexander Sywak related to the location of fencing in the Farmstead Subdivision. Following the public hearing, the Planning Commission continued the item directing staff to return with an additional timeline related to the project determination and the communications with the appellant that lead to the appeal being filed. Below is a timeline of the project approvals and relevant City standards implementation (Figure 1), and a timeline of relevant communication as it relates to the Director determination and appeal, filed for the Commission’s review (Figure 2).

Figure 1. Project Entitlement Timeline
Legend:
 City Ordinance & Design Standard Modification
 Project - Planning Commission Approval
 Project - Final Map
 Project - Improvement Plan

Date Action (grouped by color in accordance with legend above) Jan-2011 Ordinance 1071 (adopted 1/18/2011). Amended Table 17.16 -1 to include the verbiage staff referenced in making the determination of the allowable location of the rear fence (See Attachment 3).

Jan-2016 CUP 2016-3 (PC Resolution 2016-10)
Jan-2016 TM 2015-9 (PC Resolution 2016-11)
Dec-2017 Extension of CUP 2016-3 & TM 2015-9 (PC Resolution 2017-31) Sept-2018 Final Map Submittal #1 (Comments Returned Oct-2018) Sept-2018 Improvement Plan Submittal #1 (Comments Returned Oct-2018) Nov-2018 Final Map Submittal #2 (Comments Returned Dec-2018) Dec-2018 Final Map Submittal #3 (Comments Returned Dec-2018) Jan-2019 Final Map Submittal #4 (Comments Returned Jan-2019) Jan-2019 Final Map Submittal #5 (Comments Returned Jan-2019 - Approved)

Staff Report
Appeal 2024-3
Farmstead Subdivision Fence Lots 1 & 2

Date Action (grouped by color in accordance with legend above) Mar-2019 Improvement Plan Submittal #2 (Comments Returned Apr-2019) Jun-2019 Improvement Plan Submittal #3 (Comments Returned Aug-2019; referenced letter regarding removal of fence from PUE at Lots 1 & 2, See Attachment 1)
Oct-2019 Improvement Plan Submittal #4 (Comments Returned Nov-2019 - Approved)
Nov-2019 City adoption of revised Engineering Design Standards and Specifications (11/1/2019)
Nov-2019 Final Map Approved
Jun-2020 Final Map Recorded
Dec-2020 Improvement Plan Approved

Figure 2. Appeal Timeline
Legend:
 City Communication to Applicant
 Applicant Communication to City

Date Action (grouped by color in accordance with legend above) 7/8/2024 Building Permit Application Submittal for Lots 1 & 2 7/19/2024 Email to Dillon Albert & Will Allen (Engineering); regarding discussion of “lawful fencing” within easements
7/26/2024 City Comments on Building Permits for Lots 1 & 2 Returned 7/26/2024 Email to Applicant from Dillon Albert; provided engineering’s comments which were sent to the Building Division and were included in the City Comments that were provided to the applicant 7/26/2024 Email to Dillon Albert
7/29/2024 Email to Applicant from Dillon Albert; clarifying determination regarding the location of fences on Lots 1 & 2
8/1/2024 Email to Applicant from Rod Powell
8/1/2024 Email to Rod Powell
8/5/2024 Email to Rod Powell
8/7/2024 Email to Rod Powell
8/9/2024 Email to Rod Powell
8/9/2024 Email to Applicant from Rod Powell
8/12/2024 Email to Rod Powell
8/22/2024 Email to Rod Powell (see Attachment 4)
8/23/2024 Email to Applicant’s Engineer from Dillon Albert (see Attachment 4) 8/26/2024 Email to Rod Powell (see Attachment 4)
8/27/2024 Email to Rod Powell (see Attachment 4)
8/30/2024 Email to Dillon Albert (see Attachment 4)
9/3/2024 Email to Applicant from Dillon Albert (see Attachment 4) 9/3/2024 Email to Dillon Albert (see Attachment 4)
9/6/2024 Email to Applicant from Rod Powell; Determination Email

Staff Report
Appeal 2024-3
Farmstead Subdivision Fence Lots 1 & 2

Date Action (grouped by color in accordance with legend above) 9/11/2024 Email to Rod Powell
9/16/2024 Email to Rod Powell
9/16/2024 Email to Applicant from Rod Powell
9/17/2024 Appeal Filed

In addition to written communications/application submittals related to the fencing appeal outlined above, between the submittal of the building permit applications on July 8, 2024 and the filing of the appeal on September 17, 2024 the applicant had multip le phone calls with engineering staff, meetings in the field with engineering staff, and a meeting in-person with the Assistant City Manager specifically related to the fencing issue. Engineering staff and the Assistant City Manager also separately conducted site visits prior to the September 6, 2024 final determination. This is in addition to other communications and meetings with staff during this time to discuss the city’s other comments that were issued on the building permit submittal, unrelated to the fencing matter.

The staff report with all attachments from the February 6, 2025 special meeting is attached herein as Attachment 2 to this staff report. Unless otherwise noted, Attachment 2 (February 6, 2025 staff report and attachments) contains all referenced email communications outlined in Figure 2 above.

CEQA: The location of fencing which is the subject of the appeal is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as there is no potential for causing a significant effect on the environment.

CONCLUSION: Staff have reviewed the Applicant’s request for placement of the rear yard fence of Lots 1 and 2 in the Farmstead Subdivision on the northern property line, within the 10-foot street side setback of the lots and within the established P.U.E., and pursuant to Section 17.16.050 have determined that placement of the fence on the property line would create potential safety hazards and is inconsistent with the P.U.E. dedicated on the properties. However, the Engineering Division has proposed that it would be acceptable for the fence to be placed 5.5 -feet from the property line, within the 10-foot setback, and within the P.U.E. on these properties, as that location would not be in conflict with the constructed public utilities within the P.U.E. and would not create safety hazards at the adjacent intersections and roadways. The Assistant City Manager and Acting Community Development Director has reviewed the materials provided by the Applicant and staff’s justifications and has determined that setting the fences at 5.5 feet would be consistent with the Municipal Code.

The Applicant has appealed this request and asks the Planning Commission to overturn the Assistant City Manager’s determination and allow a six-foot residential fence to be placed on the northern property line of Lots 1 and 2 of the Farmstead Subdivision in accordance with Municipal Code Section 17.16.050.

Under the provisions of Section 17.24.140 Appeals, the Planning Commission may

Staff Report
Appeal 2024-3
Farmstead Subdivision Fence Lots 1 & 2

affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal.

Staff recommends that the Planning Commission deny the appeal, affirm staff’s determination and interpretation of the Municipal Code regarding the location of fencing, and direct the Applicant to revise their building permit applications for Lots 1 and 2 to include a response to all comments provided by the City including identifying the location of the rear yard fences to be placed no closer than 5.5 feet from the northern property line.

PREVIOUS COUNCIL OR COMMISSION ACTION:

1/28/2016 – Planning Commission adopted Resolution 2016-10 and Resolution 2016-11 approving Conditional Use Permit 2016-3 for a Planned Unit Development and Tentative Map 2015-9 (the Farmstead Subdivision)

12/21/2017 – Planning Commission adopted Resolution 2017-31 approving a one-year extension of the tentative map and conditional use permit through 1/28/2019

1/22/2019 – City Council adopted Resolution 2019-7 approving the Subdivision Improvement Agreement for the Farmstead Subdivision

9/7/2021 – City Council denied appeal filed by Alexander Sywak requesting to remove Condition 55 of the project, which required an emergency access to be installed as par t of the project

PLANNING COMMISSION OPTIONS:

The Planning Commission have the following options regarding the Appeal:

1. Adopt a resolution denying Appeal 2024-3 based on the findings as contained in the draft resolution;

2. Adopt a resolution approving the Appeal and reversing the determination of staff based on findings established by the Planning Commission;

3. Continue the item and request additional information or clarification from staff.

Staff recommends the Planning Commission selection Option 1 for this item.

ATTACHMENTS:

1. Resolution denying the appeal

2. February 6, 2025 Planning Commission Staff Report with Attachments

3. Ordinance 1071

4. Additional Email Communication with Applicant

5. Written correspondence from Appellant, received on February 6, 2025 at Planning Commission

Staff Report
Appeal 2024-3
Farmstead Subdivision Fence Lots 1 & 2

GENERAL INFORMATION:

Applicant Alexander Sywak
Property Owner Alexander Sywak
Location/Address Farmstead Subdivision Lots 1 & 2 (1000 & 1010 Patrick Drive)
Assessor Parcel Number(s) 058-060-081 & 058-060-082
General Plan Designation Low Density Residential
Zoning District Low Density Residential Performance Overlay (R1-L/PZ)

SURROUNDING USES:

Location Zoning
Designation
General Plan Land Use Current Use of Property
Project Site R1-L/PZ Low Density Residential Vacant – Approved Farmstead Subdivision
North R1 Low Density Residential Residential
South R1-L/PZ Low Density Residential Vacant – Approved Farmstead Subdivision
East R1 Low Density Residential Westside
Boulevard/Residential
West R1-L/PZ Low Density Residential Residential

PLANNING COMMISSION RESOLUTION 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER DENYING APPEAL 2024-3,

AFFIRMING THE DETERMINATION OF STAFF, AND DIRECTING THE APPLICANT TO REVISE THE BUILDING PERMIT APPLICATIONS FOR LOT 1 (1000 PATRICK DRIVE) AND LOT 2 (1010 PATRICK DRIVE) TO DEMONSTRATE THE LOCATION OF THE REAR YARD FENCES TO BE NO CLOSER THAN 5.5 FEET FROM THE

NORTHERN PROPERTY LINE
(ALEXANDER SYWAK)
APNS 058-060-081 & 058-060-082

WHEREAS, on July 8, 2024 Alexander Sywak (the Applicant) submitted a building permit application for the development of single family residential homes on Lots 1 and 2 in the Farmstead Subdivision (Tentative Map 2015-9, Conditional Use Permit 2016-3 for a Planned Unit Development); and

WHEREAS, on July 26, 2024 the City of Hollister Building Division returned comments to the Applicant on the building permit applications, requesting additional information and advising of various inconsistencies with code requirements; and

WHEREAS, one of the comments provided on the building permit applications was that the location of the proposed residential fences must be shown on the plans, and the applicant was advised that the fences must be located outside of the dedicated 10-foot Public Utilities Easement (P.U.E.) on the properties, and that any fence located within 10 feet of the property line on a street side yard must be approved by the Engineering Division in accordance with Section 17.16.050 of the Hollister Municipal Code; and

WHEREAS, following the City’s comments the Applicant requested the Engineering Division to consider allowing a six foot residential fence to be located on the northern property lines of Lots 1 and 2, directly abutting the public right-of-way of South Street, within the 10-foot P.U.E. and within the 10-foot setback; and

WHEREAS, the Engineering Division considered the Applicant’s request and determined that the fence should not be located on the northern property lines as it would conflict with the P.U.E. and potentially create sight-distance safety hazards for vehicles and pedestrians on the adjacent streets; and

WHEREAS, the Engineering Division did however propose that the fences could be located as close as 5.5 feet from the property line, within the P.U.E. and within the 10-foot setback, which would not be in conflict with the existing public utilities located within the easement and would not create safety hazards, and that this location would establish the fences at a 10-foot setback from the back of the existing sidewalk, consistent with the neighboring parcel to the west’s fence line; and

WHEREAS, following the determination of the Engineering Division, the Applicant requested the Assistant City Manager/Acting Community Development Director to reconsider the Engineering Division’s interpretation of the Hollister Municipal Code and determination on the location of the fencing for Lots 1 and 2; and

WHEREAS, the Assistant City Manager considered the Applicant’s request, submitted materials, the determination and justification of staff, and completed a site visit, and on September 6, 2024

PC Resolution 2025-
Appeal 2024-3/ Sywak Farmstead Fencing

determined that he was in concurrence with the determination of staff and that the fences should be placed no closer than 5.5 feet from the northern property line in accordance with Section 17.16.050; and

WHEREAS, on September 17, 2024 in accordance with Section 17.24.140 Appeals of the Hollister Municipal Code, the Applicant filed a timely appeal of the Assistant City Manager’s determination with the Planning Division to request the Planning Commission overturn the determination and allow the location of a six-foot residential fence on the northern property line of Lots 1 and 2 of the Farmstead Subdivision within the P.U.E and within the 10-foot street side fence setback; and

WHEREAS, in accordance with the procedures established in Section 17.24.140 of the Hollister Municipal Code, a staff report was prepared and presented to the Planning Commission; and

WHEREAS, the Planning Commission held a duly noticed public hearing on February 27, 2025 to consider the Applicant’s request, review the City staff report, and receive written and oral testimony for and against the appeal; and

WHEREAS, after closing the public hearing, the Planning Commission deliberated and determined to deny the appeal in accordance with Section 17.24.140, and affirm the Assistant City Manager/Acting Community Development Director’s determination that the placement of a six-foot residential fence on the northern property lines of Lots 1 and 2 of the Farmstead Subdivision within the P.U.E. and within the 10-foot street side setback is inconsistent with the requirements of Section

17.16.050 of the Hollister Municipal Code and the adopted engineering Standard Specifications, though the placement of the fence at least 5.5 feet from the property line (10 feet from the back of the sidewalk) can be permitted on these parcels pursuant to the same.

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Hollister does hereby deny Appeal 2024-3, and affirm staff’s determination regarding the placement of the fencing based on the following findings:

1. Lot 1 (1000 Patrick Drive) and Lot 2 (1010 Patrick Drive) of the recorded Farmstead Subdivision (Tract 345) each have a dedicated 10-foot Public Utilities Easement, Tree Planting and Maintenance Easement, and Sidewalk Easement, located on the northern property line (along South Street). Pursuant to the adopted engineering Standard Specifications and Plans, fences and soundwalls shall not be permitted to be placed within any public easement.

2. Pursuant to Section 17.16.050 of the Hollister Municipal Code, fences greater than 3 feet in height that are proposed to be placed within the 10-foot setback on a street side yard must first be approved by the Engineering Division to ensure that they are not in conflict with any easements, nor would they create any public safety hazards.

3. The Applicant has been made aware that the fences for the subdivision must be proposed in compliance with the Municipal Code as is indicated by the conditions on the Tentative Map entitlement, comments provided by the Engineering Division during the review of the proposed Subdivision Improvement Plans, notes established on the approved Subdivision Improvement Plans, and the comments provided by the City in response to the building permit submittal.

PC Resolution 2025-
Appeal 2024-3/ Sywak Farmstead Fencing

4. The dedication of the P.U.E. on Lots 1 and 2 was proposed by the Applicant as part of the entitlement request and approval and is recorded on the Final Map which was signed by the Applicant who is the original (at time of entitlement) and current property owner.

5. The Applicant has requested to place the six-foot residential rear yard fence for Lots 1 and 2 on the northern property line; which upon review of the P.U.E., existing public utilities within the P.U.E., line of sight requirements for vehicles and pedestrians at the adjacent intersections of South Street and Westside Boulevard and Brennan Way, and consistency with neighboring parcels has been determined to present a safety hazard and conflicts with the established easements.

6. In accordance with Section 17.16.050 of the Hollister Municipal Code, an exception for the location of fences within the 10-foot street side setback may be approved by the Engineering Division, and while the placement of the fences directly on the property is inconsistent with the easements and safety needs of the location, it has been determined that an exception to allow the fences to be placed up to 5.5 back from the property line, within the P.U.E. and within the 10-foot setback, would eliminate conflicts with the easement and any potential safety hazards for vehicles or pedestrians and can therefore be permitted.

BE IT FURTHER RESOLVED, that the Planning Commission directs the Applicant to revise their building permit applications for Lot 1 and Lot 2 to address the comments provided by the City and to demonstrate the location of the fences on the lots no closer than 5.5 feet from the northern property line prior to issuance of any building permits for these lots.

PASSED AND ADOPTED, at a special meeting of the City of Hollister Planning Commission held on this 27th day of February 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chairperson of the Planning Commission
of the City of Hollister

ATTEST:

Eva Kelly, Secretary

Attachment 2 “2025.02.06_Appeal 2024-3_Staff Report w Attachments.pdf ” of the February 27, 2025 Regular Planning Commission meeting agenda item for Appeal 2024-3 has been removed from this location for purposes of duplication and brevity. This attachment on February 27, 2025 contained the complete staff report and attachments from the February 6, 2025 Special Planning Commission meeting.

All documents from the February 6, 2025 Special Planning Commission Meeting regarding the public hearing for Appeal 2024-3 are previously included in this pdf attachment. And can also be found online at the links below:

February 6, 2025 Special Planning Commission
https://pub-hollister.escribemeetings.com/Meeting.aspx?Id=9a46991a-094b-46fd-80f1- 21a70b16970b&Agenda=Agenda&lang=English&Item=13&Tab=attachments

February 27, 2025 Regular Planning Commission
https://pub-hollister.escribemeetings.com/Meeting.aspx?Id=35806028-5a94-4888-bf50- d313bef92b3a&Agenda=Agenda&lang=English&Item=14&Tab=attachments

ON FILE IN THE

OFFICEC OF THE
LLIIST
CLERK
ORDINANCE NO. 1071

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING CHAPTER 15.16 "HISTORIC RESOURCES"
AMENDING TITLE 16 "SUBDIVISION CODE"
AMENDING TITLE 17 "ZONING CODE"

OF THE HOLLISTER MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HOLLISTER HEREBY ORDAINS AS FOLLOWS:

Section 1. Section 15.16.080 (a) amended. The first sentence of subsection 15.16.080 (a) of the Hollister Municipal Code is hereby amended to replace the first word "Any" with the words "Only the." Section 2. Section 16.16.030 amended. The first sentence of subsection 16.16.030 (c) of the Hollister Municipal Code is hereby amended to replace the words "use permit"with the words "planned development permit." Section 3. Section 17.04.020 Table 17.04-1 amended. Table 17.04- 1 Residential Land Uses and Permit Requirements found in Section 17.04.020 is amended as follows:
a. For the land use category of "Residential Accessory Uses and Structures Less than 120 sq. ft" replace the words "or 8 ft. height" with the number 13)"
b. For the land use category of "Residential Accessory Uses and Structures More than 120 sq. ft." replace the words "or 8 ft. height" with the number 14)"
c. For the "Additional Use Regulations and Notes" add Notes (13) and (14):
13) Setback is 18 inches for structures less than 120 sq. ft. or eight feet high."
14) Setback is five feet for accessory structures more than 120 sq. ft. or eight feet high. A three foot setback may be allowed for a structure with a fire wall that complies with the California Building Code. " Section 4. Section 17.04.030 amended. Section 17.04.030 of the Hollister Municipal Code entitled "Residential General Development Standards" is hereby amended as follows:
i. Subsections 4, 5, and 6 of Section 17.04.030(B) are hereby re-lettered as "C," "D," and "E" respectively.

Ordinance No. 1071

ii. Subsection (F) is added to read:

F. Front yard paving: The use of pervious paving is preferred in the front yard. Impervious solid surfaces such as poured concrete, asphalt and mortared paving (e.g. brick or tile) shall be limited to the driveways not to exceed twenty feet in width for a single family residence and six foot wide walkways to the front door and side yards. Paving materials that allows water to penetrate to the subsurface may be allowed in other parts of the front yard. Increases in the amount of allowable solid surface paving may be approved with an Administrative Permit from the Engineering Department if necessary to provide safe ingress and egress to the site or for health and safety."
Section 5. Section 17.04.020 Table 17.04-4 amended. Table 17.04-4 Residential Standards for Yards" is hereby amended as follows:
a. Replace Note 1 of the "Additional Use Regulations and Notes" in its entirety with:
1) A single family residence on a corner lot that has been lawfully established prior to the effective date of the ordinance codified in this chapter may be reconstructed with administrative Planning and Engineering approval of a similar non-conforming setback that complies with Building and Fire Codes if it has been involuntarily damaged or partially damaged by a fire or other calamity."
b. Add numbers "(1)" and "(2)" to the column entitled Residential District following the words "(R1) Low Density Residential District" and "(OT-M) Old Town Medium Density Residential."
c. Add Note 2 to the "Additional Use Regulations and Notes" to read:
2) An alternative to the setbacks may be allowed with administrative approvals from the Planning and Engineering Departments for placement of a residence on a corner lot to assure adequate separation of a driveway from an intersection provided there is at least 1000 square feet of useable open space in the rear or side yard and a minimum setback of six feet from any adjoining property line and there is no conflict with easements or rights of way."
Section 6. Section 17.16.050 - Fencing, Screening, and Walls, Table 17.16-1 amended. Subsection 17.16.050 (B) (3) is amended to add the words "health and" between the words "public" and "safety." Section 7. Section 17.16.050 Fencing, Screening and Walls

Ordinance No. 1071

amended. Table 17.16.-1 entitled "Maximum Height of Fences and Walls" is hereby amended to replace the third row under the column "Maximum Height" with the following: "Three feet. An exception to allow a fence height up to six feet in the 10 foot setback on the street side of a corner lot may be allowed with an administrative approval from the City Engineer which does not create a safety hazard and is consistent with easements and rights-of-way." Section 8. Section 17.16.080 — Landscaping Design and Standards amended. Section 17.16.140 is hereby amended as follows:
a. The text of Subsection B "Application" is hereby replaced with the following text:

B. Application
A conceptual landscaping plan shall be submitted as part of an application for development. After approval of the development project application such as a Site and Architectural Review, Conditional Use Permit or Subdivision Map, a landscape plan application that complies with Chapter 15.22 Water Efficient Landscape shall be prepared and submitted for review and approval at the time that an application for grading permit, building permit, or storm water permit is submitted."
b. The text of Subsection C. "Landscaping Plan Requirements" is hereby replaced with the following subsection title and text:

C. Removal of Landscaping
Replacement of approved landscape area with nonporous or impervious surfaces shall be prohibited without the approval of an Administrative Permit from the Planning and
Engineering Departments to assure compliance with
landscape standards for the applicable land use and
compliance with the City of Hollister Storm Water Permit." b. Subsection E (1)(a) is amended to replace the text in its entirety with the following:
a. Spacing between trees:
i. Spacing on single family residential lots shall be
one tree per street frontage except that street
trees on lots with monolithic curbs shall be planted
ten feet from the back of the curb.
ii. Spacing on commercial or residential multi-family
lots shall be one tree per 30 lineal feet provided
that spacing requirements in subsection (b) are
met.

Ordinance No. 1071

c. Subsection E(1)(b)(i) is replaced with the following:
i. 30 feet from the corner or stop sign,"
d. Subsection E(2)(e) is hereby amended to replace the number thirty-six (36)" with the number"fifteen (15)".

Section 9. Article II ("Density Bonus") of Chapter 17.04 replaced.

Article II entitled "Density Bonus" of Chapter 17.04 is replaced in its entirety with the following:

Article II
Density Bonus

17.04.070 Purpose and Definition
A. Purpose — In accordance with Sections 65915, 65915.5, and 65917 of the California Government Code, the purpose of this Article is to provide density bonuses, incentives, or concessions for the production of housing for very -low, lower, and moderate-income households, senior households, and for the provision of day care centers and donations of land. In enacting this Article, it is also the intent of the City to implement the goals, objectives, and policies of the City's General Plan Housing Element and to establish a City density bonus for the provision of affordable senior housing.

B. Definitions —The following definitions shall apply to this Article:

Affordable Ownership Cost. A reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, mortgage insurance, property taxes and property assessments, homeowner's insurance, homeowner's association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed: a) Thirty percent of fifty percent of area median income for very low income households; b) Thirty percent of seventy percent of area median income for lower-income households; and c) Thirty percent of 120 percent of area median income for moderate-income households. Area median income shall be adjusted for assumed household size based on unit size as follows: one person in a studio dwelling unit; two persons in a one-bedroom dwelling unit; three persons in a two-bedroom dwelling unit; four persons in a three-bedroom dwelling unit; five persons in a four-bedroom dwelling unit; and six persons in a five-bedroom dwelling unit. The City Council, by resolution, shall establish guidelines for determining affordable ownership cost.

Affordable Rent. Monthly rent, including a reasonable allowance for garbage

Ordinance No. 1071

collection, water, electricity, gas, and other heating, cooking, and refrigeration fuels, and all mandatory fees charged for use of the property, which does not exceed: a) Thirty percent of fifty percent of area median income for very low income households; or b) Thirty percent of sixty percent of area median income for lower-income households. Area median income shall be adjusted for assumed household size based on dwelling unit size as follows: one person in a studio dwelling unit; two persons in a one-bedroom dwelling unit; three persons in a two-bedroom dwelling unit; four persons in a three-bedroom dwelling unit; five persons in a four-bedroom dwelling unit; six persons in a five-bedroom dwelling unit. The City Council, by resolution, shall establish guidelines for determining affordable rent.

Area Median Income. The annual median income for San Benito County, adjusted for household size, as published periodically in Title 25, Section 6932, California Code of Regulations, or its successor provision, or as established by the City of Hollister in the event that such median income figures are no longer published periodically in the California Code of Regulations.

Concessions: Such regulatory concessions as defined in Section 17.04.280 Development Incentives or Concessions) of this Article.

Day Care Center: A facility approved and licensed by the State, other than a family day care home, that provides non-medical care on less than a twenty-four- hour basis, including infant centers, preschools, extended day care facilities, adult day care and elderly day care facilities. Day care center does not include residential care facilities, residential service facilities, interim housing, or convalescent hospitals/nursing homes.

Density Bonus Units: Those residential dwelling units approved pursuant to this Article, which exceed the otherwise allowable maximum allowable residential density for the development site.

Density Bonus: An increase in the number of dwelling units over the otherwise maximum allowable residential density as established in the land use element of the Hollister General Plan in accordance with State law and this Article. This definition has the same meaning as "Density Bonus" defined in Section 65915 of the California Government Code.

Density Bonus Program Guidelines: Guidelines adopted by resolution of the City that outline the criteria and procedures for implementing density bonuses or other regulations.

Development Standard: A site or construction condition that applies to a residential development pursuant to any ordinance, General Plan Element, Specific Plan, or other City condition, law, policy, resolution, or regulation. A "site and construction condition" is a development regulation or law that specifies the

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physical development of a site and buildings on the site in a residential development.

First Approval: The first of the following approvals to occur with respect to a residential development: Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit.

Incentives: Such regulatory incentives as defined in Section 17.04.280 Development Incentives or Concessions) of this Article.

Lower-Income Households: Households whose income does not exceed the low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.

Maximum Allowable Residential Density: The maximum number of dwelling units permitted in a residential project by the City's zoning ordinance and by the land use element of the General Plan on the date that the application for the residential project is deemed complete, excluding any density bonus. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the General Plan density shall prevail.

Moderate-Income Households: Households whose income does not exceed the moderate income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, section 6932 or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.

Non-Restricted Units: All dwelling units within a residential development except the target units.

Qualifying Residents: Persons eligible to reside in senior housing as defined in California Civil Code Section 51.3.

Residential Development: Any project requiring any Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit, for which a development review application has been submitted to the City, and which would create five or more additional dwelling units by construction or alteration of structures.

Senior Housing Type 1: A senior citizen housing development of thirty-five dwelling units or more as defined in California Civil Code Section 51.3, or a

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mobile home park that limits residency based on age requirements for older persons pursuant to California Civil Code Sections 798.76 or 799.5. This definition pertains to the density bonus allowed for senior housing dwelling units allowed in accordance with the State Density Bonus provisions.

Senior Housing Type 2: A residential development of five dwelling units or more designed for residency by qualifying residents in accordance with California Civil Code Section 51.3 and in which a minimum of thirty-five percent (35%) of the dwelling units are provided at an affordable housing cost as required in Section

17.04.200 (City Density Bonus for Affordable Senior Housing Type 2) This definition applies to the density bonus allowed for senior housing dwelling units in accordance with the City of Hollister Density Bonus provisions.

Target Unit: A dwelling unit within a housing development that is reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to: very low, lower, or moderate-income households, or is a dwelling unit in a senior housing development, and which qualifies the residential development for a density bonus and other incentives or concessions pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) of this Article.

Very Low Income Households: Households whose income does not exceed the very low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.

17.04.080 State Density Bonuses for Construction of Affordable and Senior Housing
A Basic Density Bonus in Accordance with State Law (Very Low And Lower- Income Units): A residential development is eligible for a twenty percent 20%) density bonus if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct at least one of the following:

1. Ten percent (10%) of the total dwelling units of the residential development as dwelling units affordable to lower-income households; or

2. Five percent (5%) of the total dwelling units of the residential development as dwelling units affordable to very-low income households.

B Basic Density Bonus in Accordance with State Law (Moderate-Income Ownership Units): A residential development is eligible for a five percent (5%) density bonus if it includes at least five dwelling units, is a common interest development as defined in Civil Code Section 1351, all the dwelling units in the development are offered to the public for purchase, and the applicant seeks a density bonus and agrees to construct ten percent (10%) of the total

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dwelling units as ownership units affordable to moderate-income households.

C Basic Density Bonus in Accordance with State Law (Senior Housing Type 1):

A senior housing Type 1 development is eligible for a twenty percent (20%) density bonus if it includes at least thirty-five dwelling units, and the applicant seeks a density bonus. Senior housing Type 1 developments are not required under State law to be affordable to very low, lower, or moderate-income households to be eligible for this bonus.

D Additional Density Bonus in Accordance with State Law: The density bonus to which the applicant is entitled shall increase if the percentage of affordable housing units exceeds the base percentage established in Subsections A or B above, as follows:

1. Very-low income units: For each one percent (1%) increase above five percent (5%) in the percentage of dwelling units affordable to very-low income households, the density bonus shall be increased by two and one- half percent (2.5%) up to a maximum of thirty-five percent (35%)

2. Lower-income units: For each one percent (1%) increase above ten percent (10%) in the percentage of dwelling units affordable to lower- income households, the density bonus shall be increased by one and one- half permit (1.5 %) up to a maximum of thirty-five percent (35%).

3. Moderate-income ownership units: For each one percent (1%) increase above ten percent (10%) of the percentage of ownership units affordable to moderate-income households, the density bonus shall be increased by one percent (1%) up to a maximum of thirty-five percent (35%).

E The requirements of this section and Section 17.04.120 (Incentives or Concessions in Accordance with State Law) are minimum requirements and shall not preclude a residential development from providing additional affordable dwelling units or affordable dwelling units with lower rents or sales prices than required by these sections.

17.04.100 Calculation of Density Bonus
A. When calculating the number of permitted density bonus units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number.

B. The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number.

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C. The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) above. Regardless of the number of target units, no residential development may be entitled to a total density bonus of more than thirty-five percent (35%) except senior housing Type 2 pursuant to Section 17.04.200 (City Density Bonus for Affordable Senior Housing Type 2).

D. Each residential development is entitled to only one density bonus, which may be selected by the applicant based on the percentage of either very low income target units, lower-income target units, or moderate-income ownership target units, or the project's status as either a senior housing Type 1 or 2 development. Density bonuses from more than one category may not be combined, except that bonuses for land dedication pursuant to Section

17.04.140 (State Density Bonus for Land Donation) may be combined with bonuses granted pursuant to this Subsection, up to a maximum of thirty-five percent (35%), and an additional square footage bonus for day care centers may be granted as described in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers).

17.04.120 Incentives or Concessions in Accordance with State Law A residential development is eligible for incentives and concessions as defined in Section 17.04.280 (Development Incentives or Concessions) if it includes at least five dwelling units, and the applicant seeks a density bonus and agrees to construct affordable dwelling units as follows:

A. Very Low Income Units: A residential development is entitled to one incentive or concession for a project that includes at least five percent (5%) of the dwelling units for very low income households; two incentives or concessions for a project that includes at least ten percent of the dwelling units for very-low income households; and three incentives or concessions for a project that includes at least fifteen percent of the dwelling units for very low income households.

B. Lower-Income Units: A residential development is entitled to one incentive or concession if it includes at least ten percent of the dwelling units for lower- income households; two incentives or concessions if it includes at least twenty percent of the dwelling units for lower-income households; and three incentives or concessions if it includes at least thirty percent of the dwelling units for lower-income households.

C. Moderate-Income Ownership Units: A residential development with ownership units affordable to moderate-income households is entitled to one incentive or concession for a project that includes at least ten percent of the ownership units for moderate-income households; two incentives or

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concessions for a project that includes at least twenty percent (20%) of the ownership units for moderate-income households; and three incentives or concessions for a project that includes at least thirty percent (30%) of the ownership units for moderate-income households.

17.04.140 State Density Bonus for Land Donation
A. When an applicant for a residential development seeks a density bonus for the donation and transfer of land for the development of units affordable to very low income households, as provided for in this Section 17.04.140, the residential development shall be eligible for a fifteen percent (15%) density bonus above the otherwise maximum allowable residential density in accordance with State law. For each one percent (1%) increase above the minimum ten percent (10%) land donation described in Subsection (B)(2) of this Section, the maximum density bonus shall be increased by one percent 1%), up to a maximum of thirty-five percent (35%). This increase shall be in addition to any increase in density allowed by 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing), up to a maximum combined density bonus of thirty-five percent (35%) if an applicant seeks both the density bonus authorized by this Section 17.04.140 and the density bonus authorized by Section 17.04.080. When calculating the number of permitted density bonus units, any calculations resulting in fractional dwelling units shall be rounded to the next larger whole number. This density bonus applies only when land is donated for the construction of very low income housing.

B. The City may approve the density bonus described in this Section if it makes all of the following findings when approving the residential development:

1. The applicant will donate and transfer the land no later than the date of approval of the Final Map, Parcel Map, or applicable development review application for the residential development.

2. The developable acreage and regulations of the applicable zoning district of the land to be transferred will permit construction of dwelling units affordable to very low income households in an amount not less than ten percent (10%) of the total number of residential dwelling units in the proposed development, or will permit construction of a greater percentage of dwelling units if proposed by the developer to qualify for a density bonus of more than fifteen percent (15%).

3. The transferred land is at least one acre in size or is large enough to permit development of at least forty dwelling units, has the appropriate General Plan land use designation, has the appropriate zoning and development standards to make feasible the development of very low income housing, and at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure.

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4. No later than the date of approval of the Final Map, Parcel Map, or other applicable development review application for the residential development, the transferred land will have all of the applicable development permits and approvals, other than any required building permit approval, necessary for the development of the very low income dwelling units on the transferred land unless the City Council finds that the applicant has provided specific assurances guaranteeing the timely completion of the very-low income units, including satisfactory assurances that construction and permanent financing will be secured for the construction of the dwelling units within a reasonable time.

5. The transferred land and the very low income units constructed on the land will be subject to a recorded Density Bonus Housing Agreement ensuring continued affordability of the dwelling units consistent with

17.04.240 (Affordability and Occupancy Standards), which restriction shall be filed for recordation by the City Planner with the San Benito County Recorder's Office on the property at the time of dedication.

6. The land will be transferred to the City, Hollister Redevelopment Agency, or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer for the very low income units and to require that the land be transferred to that developer.

7. The transferred land is within the site boundaries of the proposed residential development. The transferred land may be located within one-quarter mile of the boundary of the proposed residential development provided that the City Council finds, based on substantial evidence, that off-site donation will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit, than donating land on site.

17.04.160 State Density Bonus or Incentive or Concession for Day Care Centers
A residential project that contains a child care facility as defined by Government Code section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirement set forth in that section..

17.04.180 State Density Bonus for Condominium Conversions A. Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code section 65915.5.

B. Also see Chapter 16.17 `Conversion of Multifamily Rental Units' of Title 16 Subdivisions' of the Hollister Municipal Code

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17.04.200 City Density Bonus for Affordable Senior Housing Type 2 A. A residential development may be considered for a density bonus under this Subsection if:

1. The applicant seeks a density bonus and the residential development consists entirely of senior housing Type 2;

2. At least thirty-five percent (35%) of the dwelling units are affordable housing units. For the purposes of this Subsection, "affordable housing units" include dwelling units available at an affordable rent or affordable ownership cost to lower-income and very low income households. A minimum of sixty percent (60%) of such affordable housing units shall be available at an affordable rent or affordable ownership cost to very low income senior households, and forty percent (40%) of such affordable housing units shall be available at an affordable rent or affordable ownership cost to lower-income senior households. However, a greater percentage of very low income senior housing units may be provided in lieu of some or all of the lower-income senior housing units on a dwelling unit for dwelling unit basis; and

3. The density bonus shall be equal to twenty percent (20%), in addition to the twenty percent (20%) density bonus permitted by Section

17.04.080(C), for a total maximum density bonus of forty percent (40%).

B. A Conditional Use Permit shall be required for a density bonus granted pursuant to this subsection. The approval body shall find that the residential development conforms with the property development regulations of the applicable zoning district or has received a Planned Unit Development permit; is compatible with neighboring development; has adequate open space, on-site amenities, and services for the intended residents; is within reasonable walking distance of neighborhood services; and has adequate available infrastructure to accommodate the proposed density.

C. Any density bonus granted under this section that is greater than the bonus that the project is eligible for under Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) shall be considered an incentive or concession as described in Section 17.04.280 Development Incentives or Concessions). Any affordable housing units that qualify a project for a density bonus under Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) may not also be used to qualify a project for a density bonus under this section.

D. At its discretion, the City Council may grant up to two incentives or concessions for senior housing Type 2 that is eligible for a density bonus under this subsection.

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17.04.220 Summary Tables - The following tables (Table 17.04-7), (Table 17-04.8), (Table 17-04-9), and (Table 17-04-10) summarize the available density bonuses, incentives, and concessions pursuant to State and City Density Bonus Law:

Table 17.04-7
Density Bonus Summary
of
Additional Target
Bonus for Units
Each 1% Required
Minimum Increase for
Target Bonus in Target Maximum
Target Units or Category Units( ) Granted Units Bonus Pursuant to State Density Bonus Law: A State density bonus may be selected from only one category, except that bonuses for land donation may be combined with others, up to a maximum of 35%, and an additional sq.ft. bonus may be granted for a day care center.

Very-low income 5% 20% 2.5% 11%
Lower-income 10% 20% 1.5% 20%
Moderate-income (ownership units 10% 5% 1% 40% only)
Senior housing type 1 (35 dwelling 100% 20%
units or more or senior mobilehome senior
park; no affordable units required)
Land donation for very-low income
10% of 15% 1% 30%
housing
market-
rate units
Condominium conversion—moderate- 33% 25%(B)
income
Condominium conversion—lower- 15% 25%(B)
income
Sq.ft. in
Day care center day care
center(B)
Pursuant to City Density Bonus
100% 20% 100%
Senior housing type 2
senior; additional(c) senior; 35%
35% affordable
affordable
Notes:

A) Only the project's base density is considered when determining the percentage of target units. See Section 17.04.100 (Calculation of Density Bonus) B) Or an incentive of equal value, at the City's option.

C) Senior housing Type 2 projects with at least 35% low and very low income units are

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Table 17.04-7
Density Bonus Summary
of
Additional Target
Bonus for Units
Each 1% Required
Minimum Increase for
Target Bonus in Target Maximum
Target Units or Category Units( ) Granted Units Bonus eligible for an additional 20% bonus, for a total of 40%, upon granting of a Conditional Use Permit. See Section 17.04.200.

Table 17-04-8
Example of Use of Density Bonuses for a 100 - Dwelling Unit Project Number (%)of Additional
Affordable Units in the Densit ry Bonus Density Bonus Total Dwelling Units CateLory G ranted_WO Units Granted in the Development
VERY LOW INCOME UNITS (FOR SALE OR RENT).
0-4 (less than 5%)0% (requires Q 100
minimum 5%very
low income)
5 (5%) 20% 20 120
8%) 27.5% 2$ 125
20% + (3 x 2.5%)) (round up)
11 (11%) 35% 35 135
120% + (6 x 2.5%))
More than 11% 35% 135
maximum
possible)
LOWER INCOME UNITS (FOR SALE OR RENT).
0-9 (less than 10%) 0% (requires Q 100
minimum 10%
lower income)
10 (10%) 20% 2Q 120
15 (15%) 27.5% 2$ 125
120% + (5 x 1.5%)) (round uo)
20 (20%) 35% 35 135
20% + (10x

1.5%))
More than 20% 35% 135
maximum
possible)
MODERATE INCOME UNITS (FOR SALE).

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Table 17-04-8
Example of Use of Density Bonuses for a 100 - Dwelling Unit Project Number c14)of Additional
Affordable Units in the Density Bonus Densit ry Bonus Total Dwelling_Units Category Granted TN) Units Granted in the Development
IN4:I'd Kira I:LPN if/1411:11141.1•1:41.11
0-9 (less than 10%) 0% (requires Q 1QQ
minimum 10%
k _ '1 • -
o 52za 5 105
20 (20%) 15% 15 115
o + I
40 (40%) 35% 135
o, + o
More than 40% 35% 35 135
maximum
Table 17.04-9
State Density Bonus Incentives and Concessions
Summary
Target Units or Category of Target Units
Pursuant to State Density Bonus
Very-low income 5% 10% 15%
Lower-income 10% 20% 30%
Moderate-income (ownership units 10% 20% 30%
only)
Condominium conversion—33%
moderate-income
Condominium conversion—25%
lower-income
Day care center 03)
Maximum 1 2 3
Incentive(s)/Concession(s) (A)(B)(C)
Notes:

A) A concession or incentive may be requested only if an application is also made for a density bonus.

B) Concessions or incentives may be selected from only one category(very low, lower, or moderate).

C) No concessions or incentives are available for land donation.

D) No concessions or incentives are available for Type 1 senior housing without affordable units except the
parking incentive listed in Section 17.04.280(C)(7).

E) Condominium conversions and day care centers may
have one concession or a density bonus at the City's

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option, but not both.

Table 17-04-10
City Density Bonus Incentives and Concessions Summary
Maximum
Target Units or Category Incentives/Concessions
Senior housing Type 2 (at least 35% 2
affordable)
Note:

A)At the discretion of City Council.

17.04.240 Affordability and Occupancy Standards -
A. The City Council, by resolution, shall approve standard documents to ensure the continued affordability of target units consistent with Government Code Section 65915 and this Section. The documents may include, but are not limited to, Density Bonus Housing Agreements, regulatory agreements, promissory notes, deeds of trust, resale restrictions, options to purchase, or other documents, which shall be recorded against all target units and prepared at the applicant's expense.

B. Target units offered for rent to lower-income and very-low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of thirty (30) years, except that senior housing Type 2 target units offered for rent shall remain restricted and affordable to the designated income group for a minimum period of fifty-five (55) years. A longer term of affordability may be required if the residential development receives a subsidy of any type including, but not limited to, a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.

C. Target units offered for sale to very low, lower, or moderate-income households shall be sold at an affordable ownership cost. Senior housing Type 2 target units offered for sale shall remain restricted and affordable to the designated income group for a minimum period of forty-five (45) years.

Target units offered for sale to lower-income and very-low income households shall remain restricted affordable to the designated income group for a term of at least thirty (30) years. Target units offered for sale to moderate-income households shall remain restricted and affordable to moderate-income households for a term of at least forty-five (45) years consistent with the provisions of Health & Safety Code Section 33413(c). A longer term of affordability may be required if the residential development receives a subsidy of any type including, but not limited to, a loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.

D. Any household that occupies a target unit must occupy that dwelling unit as its principal residence.

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E. No household may begin occupancy of a target unit until the household has been determined by the City or its designee to be eligible to occupy that dwelling unit. The City Council, by resolution, shall establish guidelines for determining household income, maximum occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.

F. The City Council by resolution may establish fees for projects requesting density bonuses and incentives or concessions and for the on-going administration and monitoring of the target units and day care centers, which fees may be updated periodically, as required.

G. All promissory note repayments, shared appreciation payments, or other payments collected under this Article shall be deposited in a designated account to be used for the provision and maintenance of affordable housing.

H. Any person who is a member of the City Council or the Planning Commission, and their immediate family members, or any person having any equity interest in the residential development, including but not limited to, a developer, partner, investor, or applicant and their immediate family members, is ineligible to rent, lease, occupy, or purchase a target unit. The City Council, by resolution, may establish guidelines for determination of"immediate family members."

17.04.260 Development Standards —
A. Target units shall be constructed concurrently with non-restricted dwelling units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 17.04.340 (Density Bonus Housing Agreement)
B. Single-family detached target units shall be dispersed throughout the residential development. Townhouse, row house, and multi-family target units shall be located so as not to create a geographic concentration of target units within the residential development.

C. Target units shall have the same proportion of dwelling unit types as the market-rate dwelling units in the residential development.

D. The quality of exterior design and overall quality of construction of the target units shall meet all site, design, and construction standards included in Chapter 17.04 (Residential Zoning Districts), Chapter 17.08.030 (Mixed Use Development Standards), 17.08.040 (Mixed Use Supplemental Standards),

17.080.060 (West Gateway Supplemental Standards), and 17.14.020 Residential Performance Overlay Zoning District) of the Hollister Municipal Code including, but not limited to, compliance with all design guidelines included in applicable specific plans or otherwise adopted by the City Council.

E. Target units made available for purchase shall include space and connections for a clothes washer and dryer within the dwelling unit. Target units made available for rent shall include either connections for a clothes washer and dryer within the target unit or sufficient on-site self-serve laundry facilities to

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meet the needs of all tenants without laundry connections in their dwelling units.

17.04.280 Development Incentives or Concessions—
A. One (1) to three (3) incentives or concessions may be requested for eligible residential developments pursuant to Section 17.04.120 (Incentives or Concessions in Accordance with State Law).

B. For purposes of this Article, a concession or incentive includes any of the following:

1. A reduction of development standards or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission pursuant to Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by the City;

2. Allowing mixed use development in conjunction with the proposed residential development, if non-residential land uses will reduce the cost of the residential project and the non-residential land uses are compatible with the residential project and existing or planned surrounding development; and

3. Other regulatory incentives which result in identifiable, financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation if required by the City.

C. Concessions Not Requiring Financial Pro Forma from Applicant:

The following concessions and incentives are determined by the City to result in identifiable, financially sufficient, and actual cost reductions to residential development, and no financial pro forma needs to be submitted by the applicant:

1. Up to fifteen percent (15%) deviation from the minimum yard requirement, with each deviation counting as one (1) concession;

2. Up to fifteen percent (15%) reduction in the usable open space requirement or maximum lot coverage requirement;

3. Up to fifteen percent (15%) reduction in lot dimensions;

4. Up to fifteen percent (15%) increase in maximum building height;

5. Up to fifteen percent (15%) reduction in minimum distance between buildings;

6. Up to fifteen percent (15%) reduction in landscaping area requirements;

7. An off-street vehicular parking standard, inclusive of handicapped and guest parking, that does not exceed the following:
a) Zero (0)to one (1) bedroom: one (1) on-site parking space. b) Two (2)to three (3) bedrooms: two (2) on-site parking spaces.

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c) Four (4) and more bedrooms: two and one-half (2.5) parking spaces.
d) If the total number of parking spaces required for the residential development is other than a whole number, the number shall be rounded up to the next whole number.
e) The residential development may provide the required parking through on-site tandem parking or uncovered parking, but not through on-street parking.

8. Waiver of any fees imposed pursuant to Section 17.04.240 (Affordability and Occupancy Standards) or Section 17.04.300 (Application Requirements);

9. Approval of mixed use buildings or developments in conjunction with the residential development, if non-residential land uses will reduce the cost of the residential development, and if the City finds that the proposed non- residential uses are compatible with the residential development and with existing or planned development in the area where the proposed residential development will be located;

10.Deferral until occupancy of development impact fees (including, but not limited to, park fees, fire fees, sanitary sewer trunk line fees, storm drain trunk line fees, street tree fees, library fees, or traffic impact fees); and

11.Density bonus for senior housing Type 2 pursuant to Section 17.04.200 City Density Bonus for Affordable Senior Housing Type 2) that is in excess of the density bonus that the project is entitled to under Section

17.04.080 (State Density Bonuses for Affordable and Senior Housing).

D. Concessions Requiring Financial Pro Forma from Applicant: — When requested by the applicant, the following concessions and incentives shall require the applicant to demonstrate to the City Council that the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions to the project:

1. A reduction of development regulations standards or a modification of Zoning Code requirements that exceed or those listed in Subsection

17.04.280(C).

2. Reduced parking space dimensions, driveway width, parking aisle width, garage and carport dimension, location of parking spaces within required yards, or reduced bicycle parking requirements;

3. Reductions in architectural design standards; and

4. All other regulatory incentives or concessions.

E. An applicant may seek a waiver of any development standards that will physically preclude the construction of a residential development with the requested density bonus, incentives, and concessions permitted by this Article. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the residential development with the density bonus and incentives.

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F. Nothing in this Article requires the City to grant direct financial incentives for the residential development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

17.04.300 Application Requirements — Applications for a Density Bonus shall include:

A. A Density Bonus Housing Plan, showing any density bonus, incentive, concession, waiver, modification, or revised parking standard requested pursuant to this Article, shall be submitted as part of the first approval of any residential development. The Density Bonus Housing Plan shall specify, at the same level of detail as the application for the residential development: the number, dwelling unit type, level of affordability, tenure, number of bedrooms and baths, approximate location, size, and design, construction and completion schedule of all target units, number and location of all density bonus units, phasing of target units in relation to non-restricted units, and marketing plan. The Density Bonus Housing Plan shall also specify the methods to be used to verify tenant and buyer incomes and to maintain the affordability of the target units. The Density Bonus Housing Plan shall specify • a financing mechanism for the on-going administration and monitoring of the target units.

B. A description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards.

C. For all incentives and concessions except those listed in Section

17.04.280(C), the applicant shall provide a pro forma to the City demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma data submitted in support of a request for a concession or incentive including, but not limited to, the cost to the City of hiring a consultant to review the pro form, shall be borne by the applicant. The pro-forma shall be reviewed by a third party as selected by the City and paid for by the applicant unless the City Planner waives the requirement for such a review.

D. For waivers or modifications of development standards, the application shall demonstrate that the development standards will have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this Article.

E. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in 17.04.140 (State Density Bonus with Land Donation) can be made.

F. If a density bonus or concession is requested for a day care center, the application shall show the location and square footage of the day care center and provide evidence that the findings included in Section 17.04.160 (State

Ordinance No. 1071

Density Bonus or Incentive or Concession for Day Care Centers) can be made.

G. If a mixed- use building or development is proposed, the application shall provide evidence that the finding included in Section 17.04.280(B)(2) can be made.

17.04.320 Review of Application —
A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Article shall be considered by and acted upon by the approval body with authority to approve the residential development. The Density Bonus Plan may be approved, approved with conditions, or denied pursuant to the findings required by this Article. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council in accordance with the requirements of Chapter 17.24.140 (Appeals). In accordance with State law, neither the granting of an incentive, concession, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan Amendment, Zoning Code Amendment or Rezone, Variance, or other Discretionary Review Application approval.

B. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:

1. The application is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this Article; and includes a financing mechanism for all implementation and monitoring costs.

2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation as described in Section 17.04.300 Application Requirements).

3. If the density bonus is based all or in part on donation of land, the approval body has made the findings included in Section 17.04.140 (State Density Bonus with Land Donation).

4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a day care center, the approval body has made the finding included in Section 17.04.160 (State Density Bonus or Incentive or Concession for Day Care Centers).

5. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section

17.04.280(B)(2) (Development Incentives or Concessions)

6. If a waiver or modification of development standards is requested, the developer has shown that the development standards to be waived will

Ordinance No. 1071

have the effect of physically precluding the construction of the residential development at the densities or with the incentives or concession permitted by this Article.

C. If the required findings can be made, and a request for an incentive or concession is otherwise consistent with this Article, the approval body may deny an incentive or concession only if it makes a written finding, based upon substantial evidence, of either of the following:

1. The incentive or concession is not required to provide for affordable rents or affordable ownership costs; or

2. The incentive or concession would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low and moderate-income households. For the purpose of this subsection, specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete; or

3. The incentive or concession would be contrary to state or federal law.

D. If the required findings can be made, and a request for a waiver or modification is otherwise consistent with this Article, the approval body may deny the requested waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:

1. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low, and moderate-income households. For the purpose of this Subsections, specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or

2. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or

3. The waiver or modification would be contrary to state or federal law.

E. If a density bonus or concession is based on the provision of day care centers, and if the required findings can be made, the approval body may deny the bonus or concession only if it finds, based on substantial evidence, that the City already has adequate day care centers.

Ordinance No. 1071

F. A request for a minor modification of an approved Density Bonus Housing Plan may be granted by the City Manager or designee if the modification is substantially in compliance with the original Density Bonus Housing Plan and conditions of approval. Other modifications to the Density Bonus Housing Plan shall be processed in the same manner as the original plan.

17.04.340 Density Bonus Housing Agreement—
A. Following the first approval of a residential development, the City shall prepare a Density Bonus Housing Agreement providing for implementation of the Density Bonus Housing Plan and conditions of approval and consistent with the provisions of this Article and any density bonus program guidelines adopted by City Council resolution.

B. Prior to the approval of any Final or Parcel Map or issuance of any building permit for a residential development subject to this Article, the Density Bonus Housing Agreement shall be executed by the City and the applicant, and the Density Bonus Housing Agreement shall be recorded against the entire residential development property to ensure that the Agreement will be enforceable upon any successor in interest. The Density Bonus Housing Agreement shall run with the land, and bind future owners and successors in interest as required to ensure compliance with the provisions of this Article.

Section 10. Section 17.12.060 amended. Section 17.12.060 C of the Hollister Municipal Code entitled "Open space, park and public facilities/institutional general development standards" is hereby amended to add subsections A and B to read as follows and to re-letter the current text as C:

A. Drainage. Site improvements shall be designed to comply with city standards for grading, and adopted engineering design standards and stormwater management programs to substantially detain storm water runoff on the subject property to pre-development levels with a combination of methods, including but not limited to, planting or maintaining vegetative swales in the landscape areas, directing drainage from roof gutters to landscape area, and installing permeable paving in interior pedestrian areas or courtyards. Dual use of collection facilities for public gathering areas and drainage is encouraged.

B. Energy Conservation. Buildings shall be oriented and designed to conserve energy. The use of solar panels on roofs or in the parking lot is encouraged.

Section 11. Section 17.14.010 Residential Performance Overlay Zone amended. Section 17.14.010 C of the Hollister Municipal Code entitled Findings for Approval of a Performance Agreement" is hereby amended to

Ordinance No. 1071

delete the first sentence of subsection (8).

Section 12. Section 17.16.020 amended. Subsection 17.16.020(A) 2)(b) of the Hollister Municipal Code is hereby amended to add the following sentence to the end of the subsection:

A fire wall that complies with the California Building Code shall be required for accessory structures with a setback of less than five feet." Section 13. Section 17.16.140 amended. Subsection 17.16.140(A) of the Hollister Municipal Code is hereby amended to add the following:

4. Existing properties shall be maintained to comply with the adopted City of Hollister Stormwater Management Program."
Section 14. Section 17.18.060 amended. Subsection 17.18.060(A) of the Hollister Municipal Code is hereby amended to add the following sentence to the end of the current text:

For building additions or change in the occupancy capacity of a use of twenty percent or less, a reduction in the required number of off- street automobile and bicycle parking spaces may be allowed if the administrative review by the Engineering Department determines that there is sufficient capacity on site."
Section 15. Section 17.18.110 amended. The Table entitled "Minimum Parking Stall Dimensions" in Section 17.18.110 of the Hollister Municipal Code is hereby amended to add the following at the end of the current text in the first box under the title "Length:"
or paved area that does not encroach into a pedestrian or multi- modal corridor designed to be used for circulation"
Section 16. Section 17.18.110 amended. Figure 17.18-2 found in Section 17.16.030 of the Hollister Municipal Code is hereby replaced in its entirety with the attached graphic.

Ordinance No. 1071

60 feet
18 feet
010
24 feet 014 18 feet
1 ow ow im
I t
atawrMur_
all I
Section 17. Section 17.24.130 amended. The first sentence of Subsection 17.24.130(E)(1) of the Hollister Municipal Code is hereby amended to replace the words "one year" with the words "two years" and to delete all of the text following the word "void."
Section 18. Section 17.24.180 amended. Subsection 17.24.180(C) of the Hollister Municipal Code is hereby amended to add subsection 8 to read:

8. Temporary sales or tract office: A temporary tract or sales office may be permitted for up to 365 days in residential subdivision where the developer is selling the newly constructed housing within a residential or mixed use zoning district if the office is located in a dwelling or in a temporary structure not less than twenty feet from any other structure. The temporary sales office shall be removed and the entire premises shall be restored to conform to the district regulations within thirty (30) days of the expiration of the time specified in the permit or after ninety-eight percent (98%) of the units are sold, whichever occurs first. The Development Services Director may extend the approval of the permit prior to the expiration upon the applicant requesting in writing such extension and paying the permit fee."
Section 19. Section 17.24.240 amended. Subsection 17.24.240(H) of the Hollister Municipal Code is hereby replaced in its entirety with the following:

H. Expiration. A Planned Unit Development Permit shall be exercised within two years from the date of approval or the Permit shall become void except when:
i. an extension is approved by the Planning Commission in compliance with procedure for extending a permit found in this

Ordinance No. 1071

Zoning Code; or
ii. an extension is required to allow the expiration date of the Planned Unit Development Permit to be consistent with the expiration date of the Tentative Subdivision Map for the same development project."
Section 20. Severability. Should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 21. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

Section 22. Publication. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published one time in the Free Lance, a newspaper of general circulation.

INTRODUCED the 3rd day of January 2011.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Hollister held on the 18th day of January, 2011 by the following vote:

AYES: Council Members Emerson, Gomez, Friend, Scattini and Mayor Valdivia.

NOES: None.

ABSENT: None.

ABSTAINED: None.

Pauline Valdivia, Mayor
ATTEST:

Ge Johnson, Ci ClerR
APPROVED AS TO FORM:
dt 0
epha ie Atigh, City Atto

From: Dillon Albert
Sent: Thursday, February 20, 2025 4:32 PM
To: Eva Kelly
Subject: FW: pad recertification

For Planning Commission.

Thank you,

Dillon Albert, Assistant Engineer
City of Hollister | Engineering Department
Address 339 Fifth Street, Hollister, CA 95023
Phone (831) 636-4340; ext. 1227
Email [email protected]

From: Alexander Sywak
Sent: Tuesday, September 3, 2024 4:02 PM
To: Dillon Albert
Cc: Mitch Burley ; Planning ; Delia Ramon
; Monica Leon ; Rod Powell
; Mark Falgout ; Ingrid Sywak

Subject: Re: pad recertification

Dear Mr. Dillon,

Thank you for your response.

I would appreciate being included in the discussion as to why Staff has determined that the fence be setback 10 feet from the back of sidewalk. The examples and instances I forwarded on August 21 support that fences are routinely allowed to be sited over PUE areas.

I am available to meet at your and Mr. Powell's convenience as soon as possible to discuss this matter.

Regards,

Ingrid and Alex Sywak. (408) 309-9253.

On Tue, Sep 3, 2024 at 1:39 PM Dillon Albert wrote:

Good Afternoon,

While the attachments that you provided mentions fence placement with regards to the previously designed public drainage system within private property, which is no longer being implemented, it doesn’t provide any Page 121 of 194Page 663 of 757

authorization for the proposed encroachment into the PUE that was dedicated to the City. Engineering’s interpretation remains the same and the email documentation from Ms. Zendejas further substantiates why City staff require that the fence be placed at least 10’ from the back of sidewalk. Should a public utility company wish to utilize the legally dedicated PUE in the future, there will be no issues with the private fence enclosing the utility.

I will be following up with Mr. Powell regarding the final determination associated with your request. The City will contact you once the determination has been made.

Thank you,

Dillon Albert, Assistant Engineer
City of Hollister | Engineering Department
Address 339 Fifth Street, Hollister, CA 95023
Phone (831) 636-4340; ext. 1227
Email [email protected]

From: Alexander Sywak
Sent: Friday, August 30, 2024 4:15 PM
To: Dillon Albert
Cc: Mitch Burley ; Planning ; Delia Ramon
; Monica Leon ; Rod Powell
; Ingrid Sywak
Subject: Re: pad recertification

August 30, 2024

Dear Mr. Albert,

In regards to the rear fence location for Farmstead lots 1 and 2, have come across an email exchange with Ms. Zendejas last year which appears to settle the issue.

On February 28, 2023 I requested direction on a number of items, including the location of the perimeter wood fencing for lots 1 and 2.[1] On March 30, 2023 I requested.[2]

On March 31, 2023 Ms. Zendejas responded, stating:[3]
Perimeter Wood Fence:
· Landscape drains cannot be enclosed by a fence. The rear yard fence for lots 1 and 2, and the side yard fence for lot 2, will need to be placed further into the private property to avoid enclosing and isolating the landscape drains.

I have a record of a word document dated April 6, 2023 in which I proposed two options to allow the fencing to remain at the property lines.[4] This formed the basis for a later on-site meeting and discussion with Ms. Zendejas.

Since that time, the project has been redesigned so that both lots drain to their front, eliminating the need for a drainage system exiting from the rear of lots 1 and 2, and the easterly side of lot 1, to public areas. The redesign satisfies the concerns in Ms.

Zendejas’ 2023 email.

Given the above and the points raised in my email to Development Services Director Mr.

Powell on August 21,[5] am requesting you reconsider the fence location you earlier required and allow the fencing for lots 1 and 2 to be along their property lines.

Mr. Burley expects to have Item 2 from your note of August 16 completed shortly.[6] The only outstanding issue is the fence locations.

Please advise if you need additional information, or care to discuss further. Page 123 of 194Page 665 of 757

Regards,

Alex Sywak (408) 309-9253

[1] Email to Ms. Zendejas, February 28, 2023.
[2] Email to Ms. Zendejas, March 30, 2023.
[3] Email from Ms. Zendejas, March 31, 2023.
[4] Word document to Ms. Zendejas, April 6, 2023.
[5] Note to Mr. Powell, August 21, 2024.
[6] Email from Mr. Albert, August 16, 2024.

On Tue, Aug 27, 2024 at 1:57 PM Alexander Sywak wrote:

Dear Mr. Powell,

I came by your office several times today - but you were unavailable.

I left a message with Ms. Leon as to when we could meet, or at least have a phone discussion.

Please provide an appointment to discuss this matter either in person or by phone.

Regards,

Ingrid and Alex Sywak (408) 309-9253.

On Mon, Aug 26, 2024 at 10:10 AM Alexander Sywak wrote: Page 124 of 194Page 666 of 757

8/26/24
Dear Mr. Powell,
The note from Engineering of August 23 requires that the fence location for Farmstead lots 1 and 2 be finalized before even permit applications for lots 12 and 13 can be applied for (item 3).[1] Our project is dead and getting closer to the rain season.

My note of August 21 itemized considerations for determining the fence locations. If there are other examples/instances/standards Staff cares to cite, those should be noticed. Otherwise, all items needed to make a final determination are at hand.

We are requesting an in-person meeting as soon as possible to resolve this matter. It should not take longer than 15 minutes. If you prefer we first meet with Staff to review relevant items before meeting with you, we are agreeable and available.

Preferably, you could immediately ask Engineering to defer the determination of the fence locations for lots 1 and 2 (item 3 on Engineering’s August 23 list). This would allow building permit applications for lots 12 and 13 to at leastmove forward.

Please advise when your schedule would allow us to meet, or a phone call to discuss your concerns.

Regards,
Ingrid and Alex Sywak (408) 309-9253

[1] Engineering email dated August 23, 2024.

On Fri, Aug 23, 2024 at 8:24 AM Dillon Albert wrote:

Mitch,

Thank you. Please see below for the remaining comments that were sent on 8/16/24. I’ve highlighted in green to show completed and yellow for pending. Page 125 of 194Page 667 of 757

1. The elevations that are identified in the survey need to be incorporated into the deltas for the Improvement Plans that Mitch is currently working on OR regrade the lots to match the updated survey elevations, per Ken’s email (attached).

2. The pad certification needs to be provided for the updated survey. Either regrade to be within .1’ of the survey elevations and certify, OR update the Improvement Plans to reflect the surveyed elevations and have the EOR certify, per Ken’s email (attached).

3. Final determination regarding fence locations for Lots 1 and 2 needs to be confirmed. Since this was escalated to the City Manager’s office after Engineering and Planning consensus, Engineering is waiting on the final direction. If it is determined that the fence location shall be altered per Planning and Engineering consensus, then the linework for lots 1 and 2 will be required to be removed throughout the entirety of the Improvement Plans, per previous comments from Engineering.

4. The Improvement Plan deltas need to be accepted by the Engineering Division, and mylars produced for all sheets affected. The email from Ken substantiates that the Improvement Plans are not in conformance with the City of Hollister Standards, Appendix A Note 11, as well as Grading Note 10 of the Improvement Plans.
a. New note: The elevations have been corrected, but this item will remain pending until the deltas are accepted and mylars have been produced (pending items 2 and 3).

If you have any questions or concerns you can reach me via email, or directly at (831) 636- 4340 ext. 1227.

Thank you,

Dillon Albert, Assistant Engineer
City of Hollister | Engineering Department
Address 339 Fifth Street, Hollister, CA 95023
Phone (831) 636-4340; ext. 1227
Email [email protected]

From: Mitch Burley
Sent: Thursday, August 22, 2024 4:45 PM Page 126 of 194Page 668 of 757

To: 'Alexander Sywak' ; Rod Powell
Cc: Dillon Albert ; Planning ;
Delia Ramon ; Ingrid Sywak
Subject: RE: pad recertification

Dillon:

See attached Revision 2 of the C3 grading sheet, as requested.

Regards.

MITCH BURLEY, PE, QSD, LEED AP
Project Manager

BKF ENGINEERS Delivering Inspired Infrastructure®
1730 N. First Street, Suite 600, San Jose, CA 95112
d 408.467.9141 m 408.690.0022 [email protected] BKF.com

From: Alexander Sywak
Sent: Thursday, August 22, 2024 12:00 PM
To: Rod Powell
Cc: Dillon Albert ; Planning Dept
; Mitch Burley ; Delia Ramon
; Ingrid Sywak
Subject: Re: pad recertification

Dear Mr. Powell,

Just spoke with Mr. Albert in Engineering. Earlier I had spoken with our civil, Mitch Burley, who is intending to forward this afternoon the revisions Mr. Albert requested.

Mr. Albert confirmed he had received the information and all attachments I had sent yesterday morning. However, he felt discussion of the fence locations should be best handled by your office.

Once Mr. Albert is satisfied with the Improvement revisions he requested, could the issuance of building permits for lots 12 & 13 be allowed to move forward?

In regards to the fencing of lots 1 & 2, all relevant information, precedents and practices are available, and we should be able to finalize.

Please advise if you:

1. Can allow staff to commence processing our building permits for lots 12 and 13;

2. Need any more information;

3. When you would have time for an in-person meeting to finalize the fence issue.

Our schedule is open. Please advise when we could meet.

Regards,

Ingrid and Alex Sywak (408) 309-9253.

Confidentiality Notice: This email (including any attachment) is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are not authorized to intercept, read, print, retain, copy, forward, or disseminate this communication. If you have received this communication in error, please reply to the sender or call 510.899.7300, and then please delete this message from your inbox as well as any copies. Thank you, BKF Engineers 2024 Page 128 of 194Page 670 of 757

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # Community Development-2025-33

AGENDA ITEM: AN ORDINANCE AMENDING TITLE 17, ZONING, CHAPTER 17.10,

INDUSTRIAL AND MANUFACTURING ZONES TO ALLOW FOR SPECIALIZED SCHOOLS IN THE LIGHT INDUSTRIAL (M1) AND INDUSTRIAL BUSINESS PARK (IBP) ZONING DISTRICTS AND AMENDING SECTION 17.02.020 TO INCLUDE

DEFINITIO

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Erica Fraser, Senior Planner

RECOMMENDED ACTION: Hold a Public Hearing, Introduce the Ordinance, and schedule the second reading and adoption of the ordinance for the June 16, 2025 City Council meeting.

CEQA: Categorically Exempt, Section 15061(B)(3)

DISCUSSION: The City recently reviewed a request to operate a specialized training school in the M1 (Light Industrial) Zoning District. While reviewing the request, staff determined that schools of any kind are currently prohibited under the M1 zoning designation.

After thoughtful consideration, staff determined that certain schools should be allowed in the Light Industrial Zoning District. In particular, it would be appropriate to allow Vocational Training and Trade schools such as construction, certain types of repairs, assembly, and other job specific training institutions within the M1 zoning district due to the need for larger buildings, high ceilings, and open floor plans. These types of facilities can provide needed training, educational, and licensing for particular employment opportunities for residents.

In order to allow for vocational and trade schools in the M1 zoning district, staff is proposing several amendments to the City’s current Zoning Ordinance to include a specific new school type, vocational and trade, and allow this use type in the industrial zoning districts with approval of a Conditional Use Permit.

In order to clarify the definitions of schools and to clearly note the zoning district in which each school type is proposed, staff is also proposing minor amendments to the definitions section of the Zoning Ordinance as well as existing use tables.

The Planning Commission reviewed the proposed amendments during a public hearing on March 27, 2025 and adopted Resolution No. 2025-13 recommending City Council approval as proposed.

ANALYSIS: Currently ‘Schools – Specialized education and training’ are prohibited in the M1 (Light Industrial) Zoning District. These types of schools are currently defined as (Section 17.02.020, Definitions):

“Schools – Specialized education and training means business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree granting schools offering subjects including: art, drama, language, music, driver education, ballet and other dance.

Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mai l.

Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples).”

The above uses are currently permitted in all commercial zoning districts with approval of a Conditional Use Permit (please refer to Table 17.08-1, Commercial and Mixed Use Zone Uses and Permit Requirements). However, Table 17.08 -1 includes a note that schools for truck, automobile, heavy and mechanical equipment repair are not allowed.

Currently, there are no zoning districts in which these types of training schools are allowed and these schools provide important educational and training opportunities for residents in Hollister.

While schools which involve a high number of students primarily educated in a classroom type setting (i.e. language skills, finance, personal growth, etc.) should be limited to commercial zones where there are smaller buildings and ample parking, vocational and trade schools typically need larger facilities to provide ample educational space. For example, a facility which provides licensing and training for air conditioner repair will need a large space (typically a warehouse building) in which to conduct on the job training including the repair or reconstruction of air conditioners. This type of school, which can be noisy and potentially include hazardous waste, is incompatible with retail or office uses and should be located around similar uses, such as tho se allowed in the M1 Zoning District.

In order to allow vocational and trade schools in the M1 Zoning District, staff propose to amend Table 17.10-1, Industrial Zone Districts Land Use and Permit Requirements to include Schools-Vocational and Trade as a new use type as shown below.

Land Use M1-S IBP
Recreation, Assembly and Educational Uses
Schools-Vocational and
Trade

CUP CUP

Section 17.08.020, Definitions, is also proposed to be amended to include a definition of this new use. The new definition is proposed as follows:

“Schools-Vocational and Trade means schools with provide specialized training related to a job or career and includes programs that provide training essential to job functions, licensing, certificates or required continuing education services to instruct students in specific fields related to construction (such as engineering, installation, carpenter, plumbing, electrical, welding or installation methods), repairs (such as automotive, airplane, HVAC), woodworking, furniture or cabinet making, or manufacturing.”

In order to clarify the existing definition of Schools-Specialized education and training and provide a clear distinction between the existing use category and the new use category, staff propose replacing the existing definition of Schools - Specialized education and training with the following:

“Schools – Specialized education and training means schools or establishments, where students primarily learn in a classroom, and provide single day classes, seminars, or long term educational services for topics including business, beauty, secretarial, educational services (such as restaurant or service training, drafting, computers, programming, language, finance, health careers, public speaking, management, drivers education classes), personal growth (including cooking, time management, health, self-improvement) and the arts (drama, art, ceramics, painting, sculpture). Minor Specialized education and training schools are those that have no more than 15 participants and two instructors at one time and where adequate parking is provided as required by Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards, and as determined by the Director. Major specialized education and training schools are those that have more than 16 students or 2 instructors or are unable to provide adequate parking.”

Staff is recommending a change to the draft ordinance commercial use table from what was presented to the Planning Commission to distinguish minor specialized education facilities from major facilities, which was omitted in error. Staff is proposing that minor facilities could be permitted by right in all commercial and mixed -use zones, while major facilities would be permitted with a Conditional Use Permit.

Table 17.08-1 Commercial and Mixed-Use Zone Uses and Permit Requirements is also proposed to be amended to remove the existing note and add Schools-Vocational and Trade as a use that is not permitted in commercial zones. The following amendments are proposed to this Table (with new text shown in bold font and underlined, and deleted text shown in red font with strikethrough):

Land Use1 CO GC NG Additional
Use
Regulations
DMU NMU WG Additional
Use
Regulations
Public and Semipublic Uses
Schools
Private/Public
Trade
(except
Schools for
Truck,
Automobile,
Heavy and
Mechanical
Equipment
Repair Are
Not Allowed)

CUP
CUP

CUP
CUP

CUP
CUP

CUP
CUP

CUP
CUP

CUP
CUP

Schools –
College and
University

CUP CUP CUP CUP CUP CUP
Schools -
Primary

CUP CUP CUP CUP CUP CUP
Schools -
Secondary

CUP CUP CUP CUP CUP CUP
Schools-
Specialized
education
and training
- Minor

P P P P P P
Schools-
Specialized
education
and training
- Major

CUP CUP CUP CUP CUP CUP
Schools –
Vocational
and Trade

NP NP NP NP NP NP

For clarity, staff is also proposing amendments to the following two definitions(new text in bold and underline, deleted test in red strikethrough):

“Schools – Elementary Primary means all public and private schools serving children from Transitional Kindergarten through sixth grade elementary, middle, and junior high schools serving kindergarten though eight or nineth grade students including denominational and sectarian. Pre -schools and child day are included under the definitions of “Child Day Care Centers” and Family Care Homes.” Primary schools can include before and after school care for the students served by the school.”

“Schools – Secondary means public and private middle, junior high and high school serving children from nine or ten through 12 , 6th-12th grades.

Secondary schools also includes boarding schools and academies. Including boarding schools and military academies.

For further clarity, Table 17.04-1 Residential Land Uses and Permit Requirements is proposed to be amended to clearly reflect the new and revised definitions.

Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)

OT-M OT-H RWF
Services, Public and Semipublic Uses
Schools –
Public/Private

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools –
College and
University

NP NP NP NP NP NP NP NP NP NP

Schools -
Primary

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools -
Secondary

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools-
Specialized
education
and training
(Major &
Minor)

NP NP NP NP NP NP NP NP NP NP
Schools –
Vocational
and Trade

NP NP NP NP NP NP NP NP NP NP

FISCAL IMPACT: $0

PREVIOUS COUNCIL OR COMMISSION ACTION: On March 27, 2025 the Planning Commission approved Resolution No. 2025-13 recommending City Council approval of the proposed Zoning Ordinance amendment.

CEQA: The proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future development projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

ATTACHMENTS:

1. Ordinance approving a Zoning Ordinance amendment to Chapter 17.10, Industrial and Manufacturing Zones to allow specialized schools in the M1 Zoning Districts and related amendments for clarity.

2. Presentation.

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 17.10, INDUSTRIAL AND

MANUFACTURING ZONES, TO ALLOW SPECIALIZED SCHOOLS IN
THE M1 ZONING DISTRICT AND RELATED AMENDMENTS FOR
CLARITY (ZOA 2025-1)

WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order clarify provisions in the Zoning Ordinance or to reflect current conditions in the City; and

WHEREAS, staff is requesting an amendment to Chapter 17.10, Industrial and Manufacturing Zones, to allow specialized vocational and trade schools; and WHEREAS, additional amendments are proposed to Section 17.08.020, Definitions, Chapter 17.04, Residential Zoning Districts, and Chapter 17.08, Commercial Zone Land Uses and Permit Requirements for clarity; and
WHEREAS, on April 24, 2025, the Hollister Planning Commission held a duly noticed public hearing during which all interested persons were heard and adopted Planning Commission Resolution No. 2025-13 recommending the City Council adopt amendments to the Zoning Ordinance to allow specialized schools in the M1 (Light Industrial) Zoning District and related amendments for clarity ; and

WHEREAS, a staff report was submitted to the City Council of the City of Hollister recommending approval of the proposed Zoning Ordinance Amendments; and

WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on June 2, 2025, at which time all interested parties had the opportunity to be heard; and

WHEREAS, proper notice of said heading was given as required by law; and

WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein and used its independent judgement to evaluate the proposed amendments; and

WHEREAS, the City Council of the City of Hollister hereby makes the following findings related to the Zoning Ordinance Amendments as required by Section 17.02.120(D) of the Municipal Code:

1. The proposed amendments are consistent with the General Plan because: the proposed amendments will allow for specialized training within industrial buildings in the City, furthering the City’s goals for providing jobs and educational opportunities for residents.

Ordinance No. XXXX

2. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed amendments will allow specialized schools in the M1 (Light Industrial) Zoning District as a conditional use, requiring review and approval by the Planning Commission, to ensure that there are no impacts on the surrounding businesses.

3. The public necessity, general welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations in the General Plan and any adopted area or specific plan because: by allowing specialized training schools in the M1 (Light Industrial) Zoning District, the City can allow for specialized educational opportunities for residents. The proposed amendments for clarity further define schools to assist in the review of requests for schools in the City and identify appropriate locations for such uses.

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

1. The California Environmental Quality Act (CEQA), together with State Guidelines, requires that certain projects be reviewed for environmental impacts. The City Council hereby finds that the proposed amendment to the Zoning Ordinance is exempt from the requirements of CEQA, because the proposed amendment will not result in any direct physical change to the City, and any future projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 10537.8).

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendments. The Hollister Municipal Code is hereby amended as follows:

Section 17.02.020 amended. Section 17.02.020, Definitions, is amended as follows:

a. Delete the following text:

“Schools – Elementary means public and private schools elementary, middle, and junior high schools serving kindergarten through eight or nineth grade students including denominational and sectarian. Pre-schools and child day are included under the definitions of “Child Day Care Centers” and Family Care Homes.”

“Schools – Secondary means public and private high school nine or ten through 12 including boarding schools and military academies.

Ordinance No. XXXX

b. Add the following definitions:

“Schools –Primary means all public and private schools serving children from Transitional Kindergarten through sixth grade Primary schools can include before and after school care for the students served by the school.”

“Schools – Secondary means public and private middle, junior high and high school serving children from 6th-12th grades. Secondary schools also includes boarding schools and academies.

“Schools – Specialized education and training means schools or establishments, where students primarily learn in a classroom, and provide single day classes, seminars, or long term educational services for topics including business, beauty, secretarial, educational services (such as restaurant or service training, drafting, computers, programming, language, finance, health careers, public speaking, management, drivers education classes), personal growth (including cooking, time management, health, self -improvement) and the arts (drama, art, ceramics, painting, sculpture). Minor Specialized education and training schools are those that have no more than 15 participants and two instructors at one time and where adequate parking is provided as required by Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards, and as determined by the Director. Major specialized education and training schools are those that have more than 16 students or 2 instructors or are unable to provide adequate parking.”

“Schools-Vocational and Trade means schools with provide specialized training related to a job or career and includes programs that provide training essential to job functions, licensing, certificates or required continuing education services to instruct students in specific fields related to construct ion (such as engineering, installation, carpenter, plumbing, electrical, welding or installation methods), repairs (such as automotive, airplane, HVAC), woodworking, furniture or cabinet making, or manufacturing.”

Section 17.04.020, Table 17.04-1 amended. Table 17.04-1. Residential Land Uses and Permit Requirements, of Section 17.04.020 is hereby amended as follows:

a. Delete the following use type from the table:

“Schools Public/Private”
b. Replace the deleted use type with the following:

Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)

OT-M OT-H RWF
Services, Public and Semipublic Uses
Schools – NP NP NP NP NP NP NP NP NP NP

Ordinance No. XXXX

College and
University
Schools -
Primary

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools -
Secondary

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools-
Specialized
education
and training
(Major &
Minor)

NP NP NP NP NP NP NP NP NP NP
Schools –
Vocational
and Trade

NP NP NP NP NP NP NP NP NP NP

Section 17.08.020, Table 17.08-1 amended. Table 17.08-1, Commercial and Mixed-Use Zone Uses and Permit Requirements, of Section 17.08.020 is hereby amended as follows:

a. Delete the following use type from the table:

“Schools Private/Public Trade (except Schools for Truck, Automobile, Heavy and Mechanical Equipment Repair Are Not Allowed)”
b. Replace the deleted use type with the following:

Land Use1 CO GC NG Additional
Use
Regulations
DMU NMU WG Additional
Use
Regulations
Public and Semipublic Uses
Schools –
College and
University

CUP CUP CUP CUP CUP CUP
Schools -
Primary

CUP CUP CUP CUP CUP CUP
Schools -
Secondary

CUP CUP CUP CUP CUP CUP
Schools-
Specialized
education
and training
– Minor

P P P P P P
Schools-
Specialized
education
and training

CUP CUP CUP CUP CUP CUP

Ordinance No. XXXX

- Major
Schools –
Vocational
and Trade

NP NP NP NP NP NP

Section 17.10.020, Table 17.10-1 amended. Table 17.10-1, Industrial Zone Districts Land Use and Permit Requirements, of Section 17.10.020 is hereby amended as follows:
a. Add the following use type:

Land Use M1-S IBP
Recreation, Assembly and Educational Uses
Schools-Vocational and
Trade

CUP CUP

b. Amend the use type labeled “Schools - Specialized related education and training” to be labeled “Schools – Specialized education and training (Major & Minor)”.

SECTION 2. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

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

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

INTRODUCED at a regular City Council meeting on June 2, 2025 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on ________, 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

Ordinance No. XXXX

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

______________________________ _______________________________ Jennifer Woodworth, MMC, City Clerk Mary Lerner, City Attorney

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. XXXX 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 _________, 2025 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 on _________, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

1 ZONING ORDINANCE AMENDMENTS
RELATED TO SCHOOLS (ZOA 2025 -1)
City of
Hollister

M 1 ,Light Industrial,does not permit any
specialized schools
Recent inquiry regarding starting a trade school in
the M 1 district
Vocational Training and Trade schools such as
construction,certain types of repairs,assembly,
and other job specific training institutions would be
an appropriate use in M 1 &IBP Districts
Need for larger buildings,high ceilings,open floor plans 2 BACKGROUND

Definitions and Use Tables for Residential,
Commercial &Mixed -Use,and Industrial need
clarification for consistency
The Planning Commission reviewed the proposed
amendments on April 24 ,2025 and recommended
City Council approval as proposed .
Minor change to distinguish minor/major
Specialized Education &Training Schools in
commercial districts,recommended by staff
3 BACKGROUND

Schools -Vocational and Trade means schools with
provide specialized training related to a job or career and includes programs that provide training essential
to job functions,licensing,certificates or required
continuing education services to instruct students in
specific fields related to construction (such as
engineering,installation,carpenter,plumbing,
electrical,welding or installation methods),repairs
(such as automotive,airplane,HVAC),woodworking,
furniture or cabinet making,or manufacturing .
4 PROPOSED NEW DEFINITION

“Schools –Specialized education and training means schools or establishments, where students primarily learn in a classroom, and provide single day classes, seminars, or long term educational services for topics including business, beauty, secretarial, educational services (such as restaurant or service training, drafting, computers, programming, language, finance, health careers, public speaking, management, drivers education classes), personal growth (including cooking, time management, health, self improvement) and the arts (drama, art, ceramics, painting, sculpture). Minor Specialized education and training schools are those that have no more than 15 participants and two instructors at one time and where adequate parking is provided as required by Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards, and as determined by the Director.

Major specialized education and training schools are those that have more than 16 students or 2 instructors or are unable to provide adequate parking.
5 PROPOSED DEFINITION MODIFICATION

Schools –Primary means all public and private
schools serving children from Transitional
Kindergarten through sixth grade, Primary schools
can include before and after school care for the
students served by the school
Schools –Secondary means public and private
middle, junior high and high school serving children
from 6th –12th grades. Secondary schools also
includes boarding schools and academies.
6 PROPOSED DEFINITION MODIFICATION

School Type Residential Zones
Table 17.04-1
Commercial Zones
Table 17.08-1
Industrial Zones
Table 17.10-1
College and
Universities NP CUP NP
Primary Schools
(K-6th)CUP CUP CUP
Secondary Schools
(7th-12th)CUP CUP CUP
Specialized
Education &
Training (Minor)
NP P M1 (NP)

IBP (CUP)
Specialized
Education &
Training (Major)
NP CUP M1 (NP)

IBP (CUP)
Vocational & Trade NP NP CUP
7 SUMMARY OF USE TABLE AMENDMENTS

Categorically Exempt,Section 15378
No direct physical change,no potential for
environmental impacts .
Future projects will be subject individually to CEQA . 8 CEQA

The proposed amendments to the Zoning Ordinance
will allow vocational and trade schools in the
industrial zoning districts (M1 &IBP)which will
provide a place for schools of this type to operate
within the City and allow for job training
opportunities for City residents .
The proposed amendments also provide clarification
of all other school types allowed within the City .
9 CONCLUSION

Staff recommends the City Council hold a public
hearing and introduce the following :

1.An Ordinance approving amendments to the Zoning
Ordinance to allow Vocational and Trade Schools in
the Industrial and Manufacturing Zoning Districts
and related amendments for clarity .

Schedule second reading and adoption of the
ordinance at the June 16 ,2025 regular City Council
meeting .
10 RECOMMENDATION