Hollister City Council
September 2, 2025

changes in the zoning ordinance, loans, grants and reimbursements, have been explored to relieve possible economic disincentives.

D. The commission shall be authorized to request that the applicant furnish material evidence supporting the applicant's request for a certificate of economic hardship or shall furnish evidence or testimony to complete the application for certificate of economic hardship including any or all of the following:

1. Cost estimates of the proposed construction, alteration, demolition or removal, and estimate of the additional cost(s) that would be incurred to comply with the recommendations of the commission for issuance of a certificate of appropriateness;

2. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

3. Estimated market value of the property in its current condition; estimated market value after completion of the proposed construction, alteration, demolition or removal after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

4. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property and its market value for continued use after rehabilitation;

5. For income-producing properties, information on annual gross income, operating and maintenance expenses, depreciation deductions and annual cash flow after debt service, current property value appraisals, assessed property valuations, real estate taxes and any other information considered necessary by the commission to determine whether substantial evidence of economic hardship exists;

6. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

7. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;

8. Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer and any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

9. Real estate taxes for the previous two years;

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10. Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other;

11. Any other information necessary by the commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

E. In considering an application for a certificate of economic hardship, the commission must make a finding that without approval of the proposed demolition, alteration, remodeling, removal or construction, all reasonable use of or return from a designated landmark or property will be denied a property owner. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. In the case of proposed demolition, the commission must make a finding that the designated landmark cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner.

F. In the case of a finding of economic hardship, this finding shall be accompanied by a plan developed by the city or applicant to relieve economic hardship. This plan may include, but is not limited to, property tax relief, loans or grants from the city or other private sources, acquisition by fee purchase or eminent domain, use of the State Historical Building Code, redevelopment fees for historic preservation, changes in applicable zoning regulations, transfer of unused development rights or relaxation of the provisions of this chapter sufficient to allow reasonable beneficial use or return from the property. The commission and the city shall have a period not to exceed 120 days to make recommendations and develop and adopt a plan in order to relieve economic hardship and to allow the applicant a reasonable use of, and economic return from, the property or otherwise preserve the subject property.

G. If, by the end of this 120-day period, the commission has found that without approval of the proposed work, the property cannot be put to a use with reasonable economic return, then the commission shall issue a certificate of economic hardship approving the proposed work. If the commission finds otherwise, it shall deny the application for certificate of economic hardship and notify the applicant by mail of the denial.

H. If approval of a certificate of economic hardship will result in the demolition of a nominated or designated historic resource, the applicant shall be required to provide documentation of the resource proposed for demolition to the standards of Historic American Building Survey. Such documentation may include photographs, floor plans, measured drawings, archeological survey, or other documentation required by the commission.
(Ord. 1067, § 1, 2010)

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15.16.170 Appeals.

A. Any action by the commission may be appealed by any interested party to the city council including but not limited to the following:

1. The commission's decision not to hold a public hearing on an application for designation of a historic resource or historic district;

2. A determination made after a public hearing not to designate a proposed historic resource or historic district;

3. The commission's decision to grant or to not grant a certificate of appropriateness or certificate of economic hardship.

B. Any interested party may appeal by filing a notice of appeal with the city council not later than ten days after the commission's written decision has been filed with the city clerk. Said notice shall be accompanied by a fee in an amount to be determined by the city council. The city council shall schedule a public hearing to be held no later than 30 days after the notice of appeal is f iled, and shall render its decision within 30 days of said hearing date.
(Ord. 1067, § 1, 2010)

15.16.180 Duty to keep in good repair.

The owner, occupant or other person in actual charge of a historic resource or a historic improvement, building or structure shall keep in good repair all of the exterior portions of such improvement, building or structure, all of the interior portions the reof when subject to control as specified in the designated ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

It shall be the duty of the development services department to enforce this section. (Ord. 1067, § 1, 2010)

15.16.190 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such architectural feature when the building director certifies to the commission that such action is required for the public safety due t o an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the Secretary of the Interior's Standards. (Ord. 1067, § 1, 2010)

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15.16.200 Enforcement and penalties.

A. Any person who violates a requirement of this chapter or fails to obey an order issued by the commission or to comply with a condition of approval of any certificate or permit issued under this chapter shall be guilty of an infraction. The violating party shall be judged to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm, or corporation, and shall be punishable as provided herein.

B. Any person who constructs, alters, removes or demolishes a historic resource in violation of this chapter shall be required to restore the building, object, site or structure to its appearance or setting prior to the violation. Any action to enforce this provision may be brought by the city or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty or other remedy provided by law.

C. Any construction, alteration, removal, or demolition of a historic resource in violation of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate and remove such violation and restrain and enjoin any person, firm, or corpo ration from using any structure in which said violation of this chapter exists.

D. The remedies provided herein shall be cumulative and not exclusive. (Ord. 1067, § 1, 2010)
CHAPTER 15.20 FLOOD DAMAGE PREVENTION REGULATIONS
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND

METHODS

15.20.010 Statutory authorization and findings of fact.

A. The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

B. The flood hazard areas of city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and

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relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

C. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(Prior code §§ 8A-1, 8A-2)

15.20.020 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. To insure that potential buyers are notified that property is in an area of special flood hazard; and
H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Prior code § 8A-3)

15.20.030 Methods provided for reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

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B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alternation of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling fill, grading, dredging and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Prior code § 8A-4)
ARTICLE II. DEFINITIONS

15.20.040 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

Accessory use means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Alluvial fan means a geomorphologic feature characterized by a cone or fan- shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channe l migration.

Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard. See "special flood hazard area." Backfill means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving floodwater conveyance or to restore the land to the natural contours existing prior to excavation.

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Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See "structure."
Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Curvilinear line means the border on either a flood hazard boundary map or Flood Insurance Rate Map that delineates the special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Fill is the placement of fill material at a specified location to bring the ground surface up to a desired elevation.

Fill material can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick or similar material as approved on a case-by-case basis.

Flood elevation determination means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination,

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evaluation and determination of mudslide (i.e., mudflow) and/ or flood-related erosion hazards.

Flood, flooding, or floodwater means (1) a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of inland or tidal waters, (b) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (c) mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and (2) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.

Flood hazard boundary map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodplain administrator is the individual appointed to administer and enforce the floodplain management regulations.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain management regulations).

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property; water and sanitary facilities, structures, and their contents.

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Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
Floodway encroachment lines means the lines marking the limits of floodways on federal, state and local floodplain maps.

Floodway fringe means the areas of a floodplain on either side of the designated floodway where encroachment may be permitted.

Fraud and victimization as related to Article VI, "Variance Procedure," of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the variance board will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Hardship, as related to Article VI, "Variance Procedure," of this chapter means the hardship that would result from a failure to grant the requested variance. The variance board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.

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Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district-registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or
(b) Directly by the Secretary of the Interior in states with approved programs.

Landfill means a permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Lowest floor means the lowest floor of an enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

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Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Flood Insurance Administration, Federal Emergency Management Agency.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are refe renced.

Minimum necessary related to Article VI, "Variance Procedure," of this chapter means the minimum necessary to afford. relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the variance board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the board believes will both provide relief and preserve the integrity of the local ordinance.

New construction, for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Obstruction means and includes but is not limited to any dam, wall, wharf embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, ve getation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the f low of water or its likelihood of being carried downstream.

One hundred-year flood or 100-year flood means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

Principal structure means a structure used for the principal use of the property as distinguished from an accessory use.

Public safety and nuisances as related to Article VI, "Variance Procedure," of this chapter means the granting of a variance must not result in additional threats to public safety or create nuisances. This chapter is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term

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goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.

Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet flow area. See "area of shallow flooding."
Special flood hazard area (SFHA) means an area having special flood and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99 or AH.

Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundat ions or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas o r liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50

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percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Prior code § 8A-5)
ARTICLE III. GENERAL PROVISIONS

15.20.050 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(Prior code § 8A-6)

15.20.060 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agenc y (FEMA) in the Flood Insurance Study dated September 27, 1991, and the Flood Insurance Rate Map (FIRM) dated September 27, 1991, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study and Flood Insurance Rate Maps (FIRMs) are on file at City Planning Department, 420 Hill Street, Hollister, California as well as the Office of the City Clerk, 375 Fifth Street, Hollister, California. (Prior code § 8A-7)

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15.20.070 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior code § 8A-8)

15.20.080 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes.
(Prior code § 8A-9)

15.20.090 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Prior code § 8A-10)
ARTICLE IV. ADMINISTRATION

15.20.100 Establishment of development permit.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section

15.20.060. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

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A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
C. All appropriate certifications listed in Section 15.20.120(D); and D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Prior code § 8A-11)

15.20.110 Designation of the floodplain administrator.

The planning director is appointed to administer and implement this chapter by granting or denying development permits in accord with its provisions. (Prior code § 8A-12)

15.20.120 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

A. Permit review:

1. Review all development permits to determine that the permit requirements of this chapter have been satisfied,

2. All other required state and federal permits have been obtained,

3. The site is reasonably safe from flooding, and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point;
B. Use of other base flood data: when base flood elevation data has not been provided in accordance with Section 15.20.060, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V of this chapter. Any such information shall be submitted to the city council for adoption;
C. Whenever a watercourse is to be altered or relocated:

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1. Notify adjacent communities and the California Department of Water Resources prior to such alternation or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Age ncy,

2. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained;
D. Obtain and maintain for public inspection and make available as needed:

1. The certification required by Section 15.20.130(C)(1) (floor elevations),

2. The certification required by Section 15.20.130(C)(2) (elevations in areas of shallow flooding),

3. The certification required by Section 15.20.130(C)(3) (elevation or floodproofing of nonresidential structures),

4. The certification required by Section 15.20.130(C)(4)(a) or (b) (wet floodproofing standard),

5. The certification of elevation required by Section 15.20.180(B) (subdivision standards),

6. The certification required by Section 15.20.180(A) (floodway encroachments);
E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI of this chapter; F. Take action to remedy violations of this chapter as specified in Section

15.20.220.
(Prior code § 8A-13)
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION

15.20.130 Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring.

1. All new construction, substantial improvements, and other proposed new development shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

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2. All manufactured homes shall meet the anchoring standards of Section

15.20.160.

B. Construction Materials and Methods.

1. All new construction, substantial improvement and other proposed new development shall be constructed with materials and utility equipment resistant to flood damage.

2. All new construction, substantial improvement and other proposed new development shall be constructed using methods and practices that minimize flood damage.

3. All new construction, substantial improvement and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and othe r service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

4. All new construction, substantial improvement and other proposed new development shall require within zones AH or AO that adequate drainage paths around structures on slopes guide floodwaters around and away from proposed structures.

C. Elevation and Floodproofing.

1. New construction, substantial improvement and other proposed new development shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (C)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

2. New construction, substantial improvement, and other proposed new development in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (C)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

3. Nonresidential construction shall either be elevated to conform with subsection (C)(1) or (2) of this section or together with attendant utility and sanitary facilities:

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a. Be floodproofed so that below the base flood level t he structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

4. For all new construction, substantial improvement and other proposed new development, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.

5. Manufactured homes shall also meet the standards in Section 15.20.160. (Prior code § 8A-14; Editorially amended during 1998 codification)

15.20.140 Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C. Other utilities are addressed at Sections 15.20.130(B) and 15.20.150(D). (Prior code § 8A-15)

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15.20.150 Standards for subdivisions.

A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

B. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Prior code § 8A-16)

15.20.160 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved within a special flood hazard area on the community's Flood Insurance Rate Map (1) outside of a manufactured home park or subdivision, (2) in a new manufactured home park or subdivision, (3) in an expansion to an existing manufactured home park or subdivision (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section will be elevated so that either:

1. The lowest floor of the manufactured home is at or above the base f lood elevation; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
(Prior code § 8A-17)

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15.20.170 Standards for recreational vehicles.

All recreational vehicles placed on sites within a floodplain shown on the community's Flood Insurance Rate Map will either:

A. Be on the site for fewer than 180 consecutive days;
B. Be fully licensed and ready for highway use; or
C. Meet the permit requirements of Article IV of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.20.160. (Prior code § 8A-18)

15.20.180 Floodways.

Located within areas of special flood hazard established in Section 15.20.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
B. If subsection A of this section is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this article. (Prior code § 8A-19)
ARTICLE VI. VARIANCE PROCEDURE

15.20.190 Nature of variances.

The variance criteria set forth in this article of this chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.

The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the city council to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood

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elevation or from other requirements in the flood ordinance are quite rare. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(Prior code § 8A-20)

15.20.200 Appeal board.

A. Any person aggrieved by any decision of the floodplain administrator may, within 15 days after the date of such decision, appeal such decision to the planning commission of the city who shall hear and decide all appeals and requests for variances from the requirements of this chapter.

B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

C. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger of life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative locations for the proposed use which ar e not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in time of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

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11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.

D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property.

A copy of the notice shall be recorded by the floodplain board in the office of the San Benito County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

E. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(Prior code § 8A-21)

15.20.210 Conditions for variances.

A. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one -half acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures (as defined in Article II of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary (as defined in Article II of this chapter) considering the flood hazard, to afford relief.

E. Variances shall only be issued upon (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship (as defined in Article II of this chapter) to the applicant; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances (as defined in Article II of this chapter), cause fraud or victimization (as

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defined in Article II of this chapter) of the public, or conflict with existing local laws or ordinances.

F. Variances may be issued for new construction, substantial improvement and other proposed new development provided that the provisions of subsections A through E of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

G. Upon consideration of the factors of Section 15.20.200(C) a nd the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Prior code § 8A-22)
ARTICLE VII. VIOLATION—PENALTY

15.20.220 Violation—Penalty.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Prior code § 8A-23)
CHAPTER 15.22 WATER EFFICIENT LANDSCAPE1

15.22.010 Purpose.

A. The city council affirms the findings of the state legislature as follows:

1. That the waters of the state are of limited supply and are subject to ever increasing demands;

2. That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

3. That it is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the

1Note(s)—Government Code Sections 65591.2, 65591.5, 65592, 65594, 65595, 65599 and 66696.5.

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environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and

5. That landscape design, installation, maintenance and management shall be water efficient; and

6. That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

B. The city council affirms that consistent with the findings of the state legislature, the purpose of this chapter is to:

1. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

3. Establish provisions for water management practices and water waste prevention for existing landscapes;

4. Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;

5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

6. Encourage the use of economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

7. Encourage cooperation between the city of Hollister, the Sunn yslope water district, and other local agencies to enforce the provisions of this chapter. (Ord. 1055, § 1, 2009)

15.22.020 Applicability.

A. After January 1, 2010, this chapter shall apply to all of the following landscape projects:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equa l to or greater than 2,500 square feet;

2. New construction and rehabilitated landscapes which are developer-installed in single-family and multifamily projects with a landscape area equal to or greater than 2,500 square feet;

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3. New construction landscapes, which are homeowner-provided and/or homeowner-hired in single-family and multifamily residential projects with a total project landscape area equal to or greater than 5,000 square feet;

4. Existing landscapes limited to Sections 15.22.220, Provisions for existing landscapes, 15.22.230, Irrigation audit, irrigation survey, irrigation water use analysis, and 15.22.240, Water waste prevention;

5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections

15.22.080, Water efficient landscape worksheet, 15.22.150, Landscape and irrigation maintenance schedule, 15.22.230, Irrigation audit, irrigation survey, and irrigation water use analysis; and existing cemeteries are limited to Sections 15.22.220, Provisions for existing landscapes, 15.22.230, Irrigation audit, irrigation survey, irrigation water use analysis, and 15.22.240, Water waste prevention.

B. This chapter does not apply to:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public.
(Ord. 1055, § 1, 2009)
Note(s)—Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.

15.22.030 Definitions.

The terms used in this ordinance have the meaning set forth below:

Applied water means the portion of water supplied by the irrigation system to the landscape.

Automatic irrigation controller means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Certificate of completion means the document required under Section 15.22.130, Certificate of completion.

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Certified irrigation designer means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.

Certified landscape irrigation auditor means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's Water Sense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.

Check valve or anti-drain valve means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

Common interest developments means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

Conversion factor (0.62) means the number that converts acre-inches per acre per year to gallons per square foot per year.

Drip irrigation means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Effective precipitation or usable rainfall (Eppt) means the portion of total precipitation, which becomes available for plant growth.

Emitter means a drip irrigation emission device that delivers water slowly from the system to the soil.

Established landscape means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Establishment period of the plants means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.

Typically, most plants are established after one or two years of growth.

Estimated total water use (ETWU) means the total water used for the landscape as described in Section 15.22.080, Water efficient landscape worksheet.

ET adjustment factor (ETAF) means a factor of 0.7, that, when applied to refere nce evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor

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portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is

0.71. Therefore, the ET adjustment factor is (0.7)=(0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is

0.8. Evapotranspiration rate (ETo) means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Flow rate means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

Hardscapes means any durable material (pervious and nonpervious).

Homeowner-provided landscaping means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner - occupied dwellings.

Hydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

Infiltration rate means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a regional district noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

Irrigation audit means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

Irrigation efficiency (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is

0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

Irrigation survey means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited t o: inspection, system test, and written recommendations to improve performance of the irrigation system.

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Irrigation water use analysis means an analysis of water use data based on meter readings and billing data.

Landscape architect means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

Landscape area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation.

The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape contractor means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

Landscape application package means the documents required under Section

15.22.070.

Landscape project means the total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section

15.22.020, Applicability.

Lateral line means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

Local water purveyor means any entity, including a public agency such as the Sunnyslope County water district, the city of Hollister or private water company that provides retail water service.

Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Main line means the pressurized pipeline that delivers water from the water source to the valve or outlet.

Maximum applied water allowance (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 15.22.080. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

Microclimate means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposu re, plant density, or proximity to reflective surfaces.

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Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

Mulch means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

New construction, for the purposes of this chapter, means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

Operating pressure means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

Overhead sprinkler irrigation systems mean systems that deliver water through the air (e.g., spray heads and rotors).

Overspray means the irrigation water, which is delivered beyond the target area.

Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

Pervious means any surface or material that allows the passage of wate r through the material and into the underlying soil.

Plant factor or plant water use factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." Precipitation rate means the rate of application of water measured in inches per hour.

Project applicant means the individual or entity submitting a landscape application package required under Section 15.22.070, Elements of the landscape application package, to request a permit, plan check, or design review from the city of Hollister. A project applicant may be the property owner or designee.

Public agency means any city, county or special purpose district, state board or department, educational institution or other state agency which is created pursuant to statute.

Rain sensor or rain sensing shutoff device means a component which automatically suspends an irrigation event when it rains.

Record drawing or as-builts means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

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Recreational area means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

Recycled water,reclaimed water or treated sewage effluent water means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Reference evapotranspiration or ETo means a standard measurement of environmental parameters that affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Table 15.22 -1 of Section 15.22.080, Water efficient landscape worksheet, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

Rehabilitated landscape means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 15.22.020, Applicability, and the modified landscape area is equal to or greater than 2,500 square feet, is 50 percent of the total landscape area, and the modifications are completed within one year.

Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff ma y result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

Soil moisture sensing device or soil moisture sensor means a device that measures the amount of water in the soil. The device ma y also suspend or initiate an irrigation event.

Soil texture means the classification of soil based on its percentage of sand, silt, and clay.

Special landscape area (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

Sprinkler head means a device which delivers water through a nozzle.

Static water pressure means the pipeline or municipal water supply pressure when water is not flowing.

Station means an area served by one valve or by a set of valves that operate simultaneously.

Swing joint means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

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Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.

Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

Valve means a device used to control the flow of water in the irrigation system.

Water conserving plant species means a plant species identified as having a low plant factor.

Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

Watering window means the time of day irrigation is allowed.

WUCOLS means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000.
(Ord. 1055, § 1, 2009)

15.22.040 Provisions for implementation of new construction or rehabilitated landscapes.

The city of Hollister may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. It is the intention of the city of Hollister to collaborate with water purveyors to define each entity's s pecific responsibilities relating to this chapter.
(Ord. 1055, § 1, 2009)

15.22.050 Compliance with landscape application package.

A. Prior to new construction or rehabilitation of landscapes subject to this chapter, the city of Hollister shall:

1. Provide the project applicant with the requirements of this chapter and procedures for permits, plan checks, or design reviews;

2. Review the landscape application package submitted by the project applicant;

3. Approve or deny the landscape application package;

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4. Issue a permit or approve the plan check or design review for the project applicant;

5. Upon approval of the landscape application package, submit a copy of the water efficient landscape worksheet to the local water purveyor; and

6. Pay appropriate fees as established by city council.

B. Prior to new construction or rehabilitation of landscapes subject to this chapter, the project applicant shall submit a water efficient landscape plan to the city of Hollister.

C. Upon approval of the water efficient landscape plan by the city of Hollister or the city's designee, the project applicant shall:

1. Receive a permit for the approved water efficient landscape plan and record the date of the permit in the certificate of completion;

2. Submit a copy of the approved water efficient landscape plan along with the record drawings, and any other information to the property owner or designee;

3. Submit a copy of the water efficient landscape worksheet to the city of Hollister and the water purveyor; and

4. File certificate of completion with the city of Hollister. (Ord. 1055, § 1, 2009; Ord. 1083, § 1, 2012)

15.22.060 Penalties.

Any person violating any of the provisions of this chapter shall be guilty of an infraction.
(Ord. 1055, § 1, 2009)

15.22.070 Elements of the water efficient landscape plan application package.

A. The water efficient landscape plan application package shall include the following six elements:

1. Project information.
a. Date,
b. Project applicant,
c. Project address (if available, parcel and/or lot number(s)), d. Total landscape area (square feet),
e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed),
f. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well,

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g. Checklist of all documents in landscape application package, h. Project contacts to include contact information for the project applicant and property owner,
i. Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Application Package.";

2. Water efficient landscape worksheet.
a. Hydrozone information table,
b. Water budget calculations.
i. Maximum applied water allowance (MAWA),
ii. Estimated total water use (ETWU);

3. Soil management report;

4. Landscape design plan;

5. Irrigation design plan; and

6. Grading design plan.
(Ord. 1055, § 1, 2009)

15.22.080 Water efficient landscape worksheet.

A. A project applicant shall complete the water efficient landscape worksheet, which contains two sections on a form that will be provided by the city of Hollister. At a minimum, the water efficient landscape worksheet shall include the following contents:

1. A hydrozone information table for the landscape project; and

2. A water budget calculation for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall use the annual evapotranspiration (ETo) values from the reference evapotranspiration in Table 15.22 -1 as shown.

Table 15.22-1 Reference Evapotranspiration (ETo) Table* County
and
City

Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual ETo
Hollister 1.5 1.8 3.1 4.3 5.5 5.7 6.4 5.9 5.0 3.5 1.7 1.1 45.1

* The values in this table were derived from:

1. California Irrigation Management Information System (CIMIS);

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2. Reference Evapotranspiration Zones Map, UC Department of Land, Air and Water Resources and California Department of Water Resources 1999; and

3. Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922.

4. Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426.

B. Water budget calculations shall adhere to the following requirements:

1. The plant factor used shall be from Water Use Classification of Landscape Species (WULCOLS) published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

3. All special landscape areas shall be identified and their water use calculated as described below.

The evapotranspiration adjustment factor (ETAF) for special landscape areas (SLA) shall not exceed 1.0.

4. The maximum applied water allowance (MAWA) shall be calculated using the following equation for applications with special landscape areas (SLA):

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
a. Example calculations. The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing or planned landscape project. The annual evapotranspiration (ETo) values used in these calculations are f rom the reference evapotranspiration rate of 45.1 for the Hollister area in Table 15.22-1, for planning purposes only.

For actual irrigation scheduling, automatic irrigation controllers are required to use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data.

Example 1: A 50,000 square foot commercial landscape project with no special landscape area:

Maximum Applied Water Allowance (MAWA) in Hollister with an irrigated landscape area of 50,000 square feet without any special landscape area (SLA= 0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference

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evapotranspiration value for Hollister is 45.1 inches as listed in the reference evapotranspiration Table 15-22-1.

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (inches per year)

0.62 = Conversion factor (to gallons)

0.7 = ET adjustment factor (ETAF)
LA = Landscape area including SLA (square feet)

0.3 = Additional water allowance for SLA
SLA = Special landscape area (square feet)
MAWA = (45.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 978,600 gallons per year
= 27.96 x [35,000 + 0] gallons per year
= 27.96 x 35,000 gallons per year
MAWA = 978,600 gallons per year
To convert from gallons per year to hundred-cubic-feet per year:
978,600/748 = 1,308 hundred-cubic-feet per year (100 cubic feet = 748 gallons)
Example 2. In this next hypothetical example, the landscape project in Hollister, CA has the same ETo value of 45.1 inches and a total landscape area of 50,000 square feet.

Within the 50,000 square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000 square foot area is considered to be a special landscape area.

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA = (45.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)]
= 27.96 x [35,000 + 600] gallons per year
= 27.96 x 35,600 gallons per year
= 995,376 gallons per year or 1,331 hundred -cubic-feet per year

5. Estimated Total Water Use (ETWU). The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed the maximum applied water allowance (MAWA).

ETWU = (Eto)(0.62)[(PF x HA/IE) + SLA]
Where:

ETWU = Estimated total water use per year (gallons)
ETo = Reference evapotranspiration (inches per year)
PF = Plant factor from WUCOLS (1 )
HA = Hydrozone area [high, medium, and low water use areas] (square feet) SLA = Special landscape area (square feet)

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0.62 = Conversion factor
IE = Irrigation efficiency (minimum 0.71)
1 A plant factor or plant water use factor is a factor, when multiplied by the reference evapotranspiration rate ETo, estimates that amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to

0.6 and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification for Landscape Species." Example 1. ETWU Calculation. Landscape area is 50,000 square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is

45.1 inches per year. There are no special landscape areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example.

Hydrozone Plant Water
Use Type(s)
Plant Factor
(PF)*
Hydrozone
Area (HA)
(square feet)

PF x HA
(square feet)

1 High 0.8 7,000 5,600
2 High 0.7 10,000 7,000
3 Medium 0.5 16,000 8,000
4 Low 0.3 7,000 2,100
5 Low 0.2 10,000 2,000
Sum 24,000
* Plant Factor from WUCOLS

ETWU = (45.1)(0.62)[(24,700/0.71) + 0]
= 27.96 x [(34,789 + 0)] gallons per year
= 27.96 x 34,789 gallons per year
ETWU = 972,700 gallons per year
Compare ETWU with MAWA: For this example MAWA = (45.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] = 978,600 gallons per year. The ETWU (972,700 gallons per year) is less than MAWA (978,600 gallons per year). In this example, the water budget complies with the MAWA.

Example 2. ETWU Calculation. Total landscape area is fifty thousand (50,000) square feet, two thousand (2,000) square feet of which is plant ed with edible plants. The edible plant area is considered a special landscape area (SLA). The reference evapotranspiration value is 51.1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below.

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Hydrozone Plant Water
Use Type(s)
Plant Factor
(PF)*
Hydrozone
Area (HA)
(square feet)
PF x HA
(square feet)
1 High 0.8 7,000 5,600
2 High 0.7 9,000 6,300
3 Medium 0.5 15,000 7,500
4 Low 0.3 7,000 2,100
5 Low 0.2 10,000 2,000
Sum 23,500
6 SLA 1.0 2,000 2,000
* Plant Factor from WUCOLS

ETWU = (45.1)(0.62)[(23,500/0.71) + 2,000]
=(27.96)(32,394 + 2,000)
=27.96 x 34,394 gallons per year
ETWU = 961,656 gallons per year
Compare ETWU with MAWA. For this example:

MAWA = (45.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)]
= 27.96 x [35,000 + 600]
= 27.96 x 35,600
= 995,376 gallons per year
The ETWU (961,656 gallons per year) is less than MAWA (995,376 gallons per year). For this example, the water budget complies with the MAWA. (Ord. 1055, § 1, 2009)
Note(s)—Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.

15.22.090 Soil management report.

In order to reduce runoff and encourage healthy plant growth, the project applicant, or designee shall provide a soil management report, as follows:

A. Submit soil samples to a laboratory for analysis and recommendations.

1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2. The soil analysis shall include:
a. Soil texture;

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b. Infiltration rate determined by laboratory test or soil texture infiltration rate table;
c. PH;
d. Total soluble salts;
e. Sodium;
f. Percent organic matter; and
g. Recommendations.

B. The project applicant, or designee, shall comply with one of the following:

1. If significant mass grading is not planned, the soil analysis report shall be submitted to the city of Hollister as part of the landscape application package.

2. If significant mass grading is planned, the soil analysis report shall be submitted to the city of Hollister as part of the certificate of completion.

3. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

4. The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city of Hollister with certificate of completion.
(Ord. 1055, § 1, 2009)

15.22.100 Landscape design plan.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape application package.

A. Plant Material.

1. Any plant may be selected for the landscape, providing the estimated total water use (ETWU) in the landscape area does not exceed the maximum applied water allowance (MAWA). To ensure the efficient use of water, the following shall be considered:
a. Protection and preservation of native species and natural vegetation; b. Selection of water-conserving plant and turf species; c. Selection of plants based on disease and pest resistance; d. Selection of street trees based on applicable local tree ordinances or tree shading guidelines; and

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e. Selection of plants from local and regional landscape program plant lists.

2. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 15.22.110(A)(2)(d), Irrigation design.

3. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following shall be considered:
a. Use the Sunset Western Climate Zone System, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; b. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); and c. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

4. Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

5. The use of invasive and/or noxious plant species is strongly discouraged.

6. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water-use plants as a group.

B. Water Features.

1. Recirculating water systems shall be used for water features.

2. Where available, recycled water shall be used as a source for decorative water features.

3. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

4. Pool and spa covers are required.

C. Mulch and Amendments.

1. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting

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groundcovers, or direct seeding applications where mulch is contraindicated.

2. Stabilizing mulching products shall be used on slopes.

3. The mulching portion of the seed/mulch slurry in hydroseeded applications shall meet the mulching requirement.

4. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section

15.22.090, Soil management report).

D. Landscape Design Plan Contents. The plan shall include the following information:

1. Delineate and label each hydrozone by number, letter, or other method;

2. Identify each hydrozone as low, moderate, high water, or mixed water use.

Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

3. Identify special landscape areas.
a. Recreational areas,
b. Areas permanently and solely dedicated to edible plants, c. Areas irrigated with recycled water;

4. Identify type of mulch and application depth;

5. Identify soil amendments, type, and quantity;

6. Identify type and surface area of water features;

7. Identify hardscapes (pervious and nonpervious);

8. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are required in the landscape design plan and examples include, but are not limited to:
a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground,
b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants, and
c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff;

9. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);

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10. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

11. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
(Ord. 1055, § 1, 2009)

15.22.110 Irrigation design plan.

A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape application package.

1. System.
a. Dedicated landscape water meters are highly recommended but not required on landscape areas smaller than 5,000 square feet to facilitate water management.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.
c. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's pressure range for optimal performance.
i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
ii. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be c onducted at installation.

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d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation shall be avoided during windy or freezing weather or during rain.
e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) are required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system for landscaping at commercial, industrial, public, institutional and for common areas at residential development. A project applicant shall refer to the city of Hollister engineering department for backflow prevention requirements. g. High flow sensors that detect and report high flow conditions created by system damage or malfunction are required.
h. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
i. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. j. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
k. The irrigation system shall be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section

15.22.080, Water efficient landscape worksheet, regarding the maximum applied water allowance.
l. The project applicant shall inquire for information from th eir local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
m. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
n. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
o. Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations and minimize overspray.

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p. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas. q. Check valves or anti-drain valves are required for all irrigation systems. r. Narrow or irregularly shaped areas, including turf, less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.
s. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non - permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
i. The landscape area is adjacent to permeable surfacing and no runoff occurs; or
ii. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
iii. The irrigation designer specifies an alternative design or technology, as part of the landscape application package and clearly demonstrates strict adherence to irrigation system design criteria in subsection (A)(1)(h). Prevention of overspray and runoff shall be confirmed during the irrigation audit.
t. Slopes greater than 25 percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. Th is restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the water efficient landscape application package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion shall be confirmed during the irrigation audit.

2. Hydrozone.
a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.
d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
i. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

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ii. The plant factor of the higher water using plant is used for calculations.
e. Individual hydrozones that mix high and low water use plants shall not be permitted.
f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation and correlated to a hydrozone information table provided by the city of Hollister. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. Use this valve number in the h ydrozone information table provided by the city of Hollister. This table can also assist with the irrigation audit and programming the controller.

B. The irrigation design plan shall contain:

1. Location and size of separate water meters for landscape;

2. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

3. Static water pressure at the point of connection to the public water supply;

4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

5. Recycled water irrigation systems as specified in Section 15.22.180, Recycled water;

6. The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)
(Ord. 1055, § 1, 2009)

15.22.120 Grading design plan.

A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape application package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

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1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
a. Height of graded slopes;
b. Drainage patterns;
c. Pad elevations;
d. Finish grade; and
e. Storm water retention improvements, if applicable.

2. To prevent excessive erosion and runoff, project applicants shall consider:
a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
b. Avoid disruption of natural drainage patterns and undisturbed soil; and c. Avoid soil compaction in landscape areas.

3. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and will bear the signature of a licensed professional as authorized by law.
(Ord. 1055, § 1, 2009)

15.22.130 Certificate of completion.

A. The certificate of completion shall be prepared on a form provided by the city of Hollister and shall include the following six elements:

1. Project information sheet that contains:
a. Date,
b. Project name,
c. Project applicant name, telephone, and mailing address, d. Project address and location; and permit number,
e. Property owner name, telephone, and mailing address;

2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape application package.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

3. Irrigation scheduling parameters used to set the controller (see Section

15.22.140, Irrigation scheduling);

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4. Landscape and irrigation maintenance schedule (see Section 15.22.150, Landscape and irrigation maintenance schedule);

5. Irrigation audit report (see Section 15.22.160, Irrigation audit, irrigation survey, and irrigation water use analysis); and

6. Soil analysis report, if not submitted with a landscape application package and documentation verifying implementation of soil report recommendations (see Section 15.22.090, Soil management report).

B. The project applicant shall:

1. Submit the signed certificate of completion to the city of Hollister for review;

2. Ensure that copies of the approved certificate of completion are submitted to the city of Hollister, the water purveyor, and property owner or designee.

C. The city of Hollister shall:

1. Receive the signed certificate of completion from the project applicant;

2. Approve or deny the certificate of completion. If the certificate of completion is denied, the city of Hollister shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
(Ord. 1055, § 1, 2009)

15.22.140 Irrigation scheduling.

A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

1. Irrigation scheduling shall be regulated by automatic irrigation controllers.

2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the city of Hollister or Sunnyslope water district, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3. For implementation of the irrigation schedule, particular attention shall be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.

Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:

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a. The plant establishment period;
b. The established landscape; and
c. Temporarily irrigated areas.

5. Each irrigation schedule shall consider for each station all of the following that apply:
a. Irrigation interval (days between irrigation);
b. Irrigation run times (hours or minutes per irrigation event to avoid runoff); c. Number of cycle starts required for each irrigation event to avoid runoff; d. Amount of applied water scheduled to be applied on a monthly basis; e. Application rate setting;
f. Root depth setting;
g. Plant type setting;
h. Soil type;
i. Slope factor setting;
j. Shade factor setting; and
k. Irrigation uniformity or efficiency setting.
(Ord. 1055, § 1, 2009)

15.22.150 Landscape and irrigation maintenance schedule.

A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and detaching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices.

Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

D. A project applicant shall consider the implementation of sustainable or environmentally friendly practices for overall landscape maintenance. (Ord. 1055, § 1, 2009)

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15.22.160 Irrigation audit, irrigation survey, and irrigation water use analysis.

A. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B. For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 15.22.020, Applicability:

1. The project applicant shall submit an irrigation audit report with the certificate of completion to the city of Hollister that may include, but is not limited to:
inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule;

2. The city of Hollister and its designee shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (Ord. 1055, § 1, 2009)

15.22.170 Irrigation efficiency.

For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71.
(Ord. 1055, § 1, 2009)

15.22.180 Recycled water.

A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in subsection B of this section.

B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the city of Hollister or Sunnyslope water district stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

D. Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0. (Ord. 1055, § 1, 2009)

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15.22.190 Stormwater management.

A. Stormwater management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration is required.

B. Project applicants shall refer to the city of Hollister or regional water quality control board for information on any applicable stormwater ordinances and stormwater management plans.

C. Rain gardens, cisterns, and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or on-site storage are required.
(Ord. 1055, § 1, 2009)

15.22.200 Public education.

A. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water shall be considered in the community.

1. The city of Hollister and its designee(s) shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes.

B. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.

2. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
(Ord. 1055, § 1, 2009)

15.22.210 Environmental review.

The city of Hollister shall comply with the California Environmental Quality Act (CEQA), as appropriate.
(Ord. 1055, § 1, 2009)

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15.22.220 Provisions for existing landscapes.

The city of Hollister may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.
(Ord. 1055, § 1, 2009)

15.22.230 Irrigation audit, irrigation survey, and irrigation water use analysis.

A. This section shall apply to all existing landscapes that were installed before January 1, 2010 which are over one acre in size.

1. For any landscape referenced by this subsection that has a water meter, the city of Hollister and its designee shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

2. For all landscape referenced by this subsection, that does not have a meter, the city of Hollister shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
(Ord. 1055, § 1, 2009)

15.22.240 Water waste prevention.

A. The city of Hollister shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally.

B. Restrictions regarding overspray and runoff may be modified if:

1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

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(Ord. 1055, § 1, 2009)

15.22.250 Effective precipitation.

A local agency may consider effective precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance (MAWA):

MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)].
(Ord. 1055, § 1, 2009)
CHAPTER 15.24 GRADING AND STORMWATER BEST MANAGEMENT

PRACTICES CONTROL
ARTICLE I. GENERAL PROVISIONS

15.24.010 Title.

This chapter shall be known as the "Grading and Stormwater Best Management Practices Control Ordinance."
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.1, 2018)

15.24.020 Purpose.

The purpose of this chapter is to provide safe grading operations, to safeguard life, limb, and property, and to preserve and enhance the natural environment, including, but not limited to, water quality, by the regulation of clearing and grading, and the regulation of design, construction, and installation of improvements, on private property and property owned by public agencies located within the boundaries of the city of Hollister. (Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.2, 2018)

15.24.030 Scope.

This chapter sets forth rules and regulations to control land disturbances, land cuts and fills, soil storage, and erosion and sedimentation resulting from clearing and grading activities. This chapter establishes procedures for issuance, administration an d enforcement of a grading permit.
(Ord. 1053, ,§ 1, 2009)

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15.24.040 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Applicant means any person, corporation, partnership, association of any type, or any other legal entity submitting an application to the city engineer for a permit pursuant to this chapter.

As-graded means the vertical elevations and cross sections of the ground surface conditions upon completion of grading.

Bedrock means in-place solid rock.

Bench means a relatively level step excavated into earth material on which fill is to be placed.

Best management practices (BMPs) mean and include, but not limited to, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent, eliminate, or reduce the pollution of waters of the U.S., waters of the state, and local waterways . BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff spillage or leaks, sludge or waste disposal, or drainage from raw material storage, or other requirements as determined by the city engineer.

BMP manual means a compilation of best management practices approved by the city engineer to provide general guidance for selecting and implementing BMPs to reduce pollutants in runoff from construction sites, newly developed areas and redeveloped areas, municipal facilities, and industrial facilities and selected commercial businesses to waters of the U.S., waters of the state, and local waterways.

Borrow means earth material acquired from an off-site location for use in grading on a site.

City engineer means the person responsible for the administrative and operational control of grading activities and for the construction and installation of improvements activities in the city of Hollister and duly authorized designees.

Civil engineer means an engineer experienced and knowledgeable in civil engineering and certified as a professional engineer by the state of California to practice civil engineering.

Civil engineering means the application of the knowledge of the forces of nature, principals of mechanics, and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.

Compaction means the densification of a fill by mechanical means.

Construction stormwater BMP control plan (CSCP) means a set of BMPs or equivalent measures on a particular site during the period in which pre -construction and

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construction-related land disturbances, fills, and soil storage occur, and before final improvements are completed.

Development means the process of adding improvements to a parcel of land.

Downdrain means a conduit used to safely transport a concentration from one elevation to another along the face of a cut or fill slope without causing slope erosion.

Drainageway means a natural or manmade channel, which collects and intermittently or continuously conveys stormwater runoff.

Earth material means any rock, natural soil, or fill, or combination thereof.

Engineering geologist means a geologist experienced and knowledgeable in engineering geology and certified by the state of California to practice engineering geology.

Engineering geology means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion means the wearing away of the land surface by wind or water. Erosion occurs naturally from weather or runoff but can be intensified by land -clearing practices related to farming, new development, redevelopme nt, road building, or timber cutting.

Grade means the vertical location of the ground surface.

A. Existing Grade. The ground elevation prior to grading.

B. Rough Grade. The elevation of the ground that approximately conforms to the approved grading.

C. Finished Grade. The final ground elevation of the site, which conforms to the approved plan.

Grading means any land disturbance or cut or fill, or combination thereof.

A. Engineered Grading. All grading in excess of 5,000 cubic yards performed in accordance with the approved grading plan prepared by a civil engineer.

B. Regular Grading. All grading involving 5,000 cubic yards or less.

Grading permit (or permit) means an approval issued by the city engineer under this chapter for land disturbance, cutting or filling of a slope or any combination thereof.

Grading plan (or improvement plans) means a drawing or representation of a construction site showing existing and proposed topography, environmental controls, demolition, and improvements to land.

Improvements mean activities such as grading, or subdivision improvements installed and constructed in subdivisions, or the addition of drainage, access, roads, underground utilities, street improvements, water system improvements, sanitary sewer improvements, storm drainage facilities, landscaping, recreational facilities, or structures to a parcel of land.

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Interceptor drain means a swale, ditch, or channel, which runs parallel to the top of a cut or fill slope and used to divert stormwater runoff in an effort to minimize slope erosion over the face of the cut or fill slope.

Key means a designed compacted fill placed in a trench excavated in earth material beneath the base of a proposed fill slope.

Land disturbance/land-disturbing activities mean any moving or removing by manual or mechanical means of the soil mantle or top six inches of soil, whichever is shallower, including but not limited to grading.

Land fill means any human activity depositing soil or other earth materials.

Letter of acceptance means a document prepared and issued by city engineer evidencing completion of permitted work in compliance with the requirements of a permit.

Low impact development (LID) means a method of land development that seeks to maintain the natural hydrologic character of a site by working with the natural landscape and hydrology to minimize increased peak flow rate, volume, and pollution levels in stormwater runoff through source control and by retaining more water on site where it falls, rather than using traditional methods of transporting water directly from the site through storm drain pipes into local waterways.

Local waterways mean waters or waterways under the jurisdiction of the city of Hollister or the county of San Benito.

Permittee means the applicant in whose name a valid grading permit is duly issued pursuant to this chapter and his or her agents, employees, and others, acting under his or her direction or acting under the authority of the permit.

Post-construction stormwater control plan (SWCP) means a set of stormwater post- construction best management practices or equivalent measures on a particular site after all other planned final structures and permanent improvements have been erected or installed.

Sediment means earth material deposited by water or wind.

Site means any lot or parcel of land where grading is performed or permitted.

Slope means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Soil means naturally occurring, superficial deposits of dirt overlying bedrock.

Soils engineer means a professional geotechnical or civil engineer experienced and knowledgeable in the practice of soils engineering, and licensed by the state of California for practice in that field.

Soils engineering means the application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

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Waters of the state means all waters and waterways under the jurisdiction of the state of California.

Waters of the U.S. means all waters and waterways under the jurisdiction of the federal government of the United States.

Wet season means the period from October 15 to April 15. (Ord. 1053, § 1, 2009; Ord. 1089, § 1, 2012; Ord. No. 1172, § 1.3, 2018)

15.24.050 Hazards.

Whenever the city engineer determines that any excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agency in control of said property, upon receipt of notice in writing from the city engineer, shall within the period specified therein repair or eliminate such excavation, embankment or fill so as to eliminate the hazard and be in compliance with the requirements of this chapter.
(Ord. 1053, § 1, 2009)

15.24.060 Other laws.

Issuance of a grading permit under this chapter does not exempt a permittee from obtaining other required permits or complying with the requirements and conditions of such permits. Issuance of a grading permit does not limit the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity. (Ord. 1053, § 1, 2009)
ARTICLE II. PERMIT APPLICATION PROCEDURES

15.24.100 Scope.

Except as provided herein, no person may grade, fill, excavate, store, or dispose of soil or earth materials or perform any other land -disturbing or land-filling activity without first obtaining a grading permit as set forth in this chapter. (Ord. 1053, § 1, 2009)

15.24.110 General exemptions.

All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion, and sedimentation and to

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safeguard life, limb, property, and the public welfare. A person performing such activities need not apply for a permit pursuant to this chapter, if all of the following criteria are met:

A. The site upon which land area is disturbed or filled is 10,000 square feet or less;
B. Natural and finished slopes are less than ten percent; C. Volume of soil or earth materials stored is 50 cubic yards or less; D. Rainwater runoff is diverted, either during or after construction, from an area smaller than 5,000 square feet;
E. An impervious surface, if any, of less than 2,500 square feet is created; F. No drainage way is blocked or has its storm water carrying capacities or characteristics modified;
G. The activity does not take place within 100 feet by horizontal measurement from the top of the bank of a watercourse, the mean high watermark (line of vegetation) of a body of water or within the wetlands associated with a watercourse or water body;
H. The grading operation does not direct concentrated storm flow onto property not owned by applicant, including public right-of-way.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.4, 2018)

15.24.115 Specific exemptions.

The following activities are exempt from the grading permit requirements:

A. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of the structure;
B. Cemetery graves;
C. Authorized solid waste facilities operating pursuant to state law; D. Excavations for wells or tunnels;
E. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where the use has been provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;
F. Exploratory excavations under the direction of soils engineers or engineering geologists;
G. Routine agricultural crop management practices;

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H. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;
I. Project activities of the federal or state government or any public agency. (Ord. 1053, § 1, 2009; Ord. 1089, § 1, 2012)

15.24.120 Application.

The application for a permit must include all of the following items unless the city engineer determines that the proposed grading activity does not require one or more of these items:

A. Completed application on the form approved by the city engineer; B. Site map and grading plan, as specified in this chapter; C. Construction stormwater control plan (CSCP), as specified in this chapter; D. Post-construction stormwater control plan (SWCP), as specified in this chapter; E. Soils engineering report, as specified in this chapter; F. Engineering geology report, as specified in this chapter; G. Work schedule identifying the start date, end date, and major milestones for the work;
H. Application fees;
I. Performance bond and labor and materials bond, or other acceptable security; J. Any supplementary material required by the city engineer. (Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.5-1.7, 2018)

15.24.130 Site map and grading plan (grading plan).

A. LID principles shall be considered and incorporated as part of site planning and design as appropriately feasible. The primary goal of LID is to mimic the natural hydrologic character of a site by working with the natural landscape and hydrology to minimize increased peak flow rate, volume, and pollution levels in stormwater runoff through source control and by retaining more water on site where it falls, rather than using traditional methods of transporting water directly from the site through storm drain pipes into any waterway. Developments shall comply with the California Central Coast Regional Water Quality Control Board Resolution No. R3 - 2013-0032, or subsequent amendment thereto, as applicable.

B. Specifications for the site map and the grading plan shall contain information regarding construction and material requirements. In addition, the site map and grading plan shall contain the following information:

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1. Existing and proposed topography of the site taken at two -foot intervals with spot elevations sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location. Grades shall be shown extending a minimum of 100 feet off-site, or sufficient to show on-site and off-site drainage;

2. Location of existing public agency and private utilities and the location of all other city or public owned facilities adjacent to, or within the subject property's boundaries;

3. Site's property lines shown in true location with respect to the plan's topographic information;

4. Location and graphic representation of all existing and proposed natural and manmade drainage facilities;

5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain;

6. Location and graphic representation of proposed excavations and fills, of on- site storage of soil and other earth material, and of on-site disposal, and the design and location of all proposed improvements;

7. Location of proposed final surface runoff, erosion, and sediment control measures;

8. Quantity of soil or earth materials in tons and cubic yards to be excavated, filled, stored, or otherwise utilized on-site;

9. Proposed sequence and schedule of excavation, filling, and other land - disturbing and filling activities, and soil or earth material storage and disposal, and installation and construction of all proposed improvements;

10. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners, which are within15 feet of the property or which may be affected by the proposed grading operations;

11. Locations of the CSCP and SWCP BMP measures.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.8-1.11, 2018)

15.24.131 CSCP.

The minimum standard for the appropriate selection of interim BMPs shall be in accordance with the BMP manual, or as approved by the city engineer. All of the following information shall be provided with respect to conditions existing on the site during land-disturbing or grading activities or soil storage:

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A. The CSCP shall provide a graphic representation and brief description of all BMP control measures to be implemented.

B. The CSCP shall include, but not be limited to, design, specifications, and a maintenance schedule for BMP control measures for erosion control, sediment control, wind erosion and dust control, tracking control, non -stormwater management control, and waste management control.

C. Maximum surface runoff from the site shall be calculated using the method approved by the city engineer and maintained in the city of Hollister engineering department standard specifications, or any other method approved by the city engineer.

D. The CSCP shall provide a graphic representation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre - existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.

E. The location of all the measures listed by the applicant under this section shall be depicted on the grading plan, or on a separate plan at the discretion of the city engineer.

F. An estimate of the cost of implementing and maintaining all CSCP BMP control measures must be submitted on a form acceptable to the city engineer.

G. The applicant may propose the use of any BMP control measures in the CSCP plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the BMP manual. All proposed BMP control measures must be reviewed and approved by the city engineer prior to implementation.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.12-1.17, 2018)

15.24.132 SWCP.

The minimum standard for the appropriate selection of SWCP BMPs shall be in accordance with the BMP manual, and shall comply with the California Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032, or subsequent amendment thereto, as applicable, or as approved by the city engineer. All of the following information shall be provided with respect to conditions existing on the site after final structures and improvements have been completed and when an interim BMP plan has not addressed the final structures and improvements:

A. Maximum runoff from the site shall be calculated using the method approved by the city engineer and maintained in the city of Hollister engineering department standard specifications, or any other method appro ved by the city engineer.

B. The SWCP final plan shall also contain the following information:

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1. A description of and specifications for sediment retention devices;

2. A description of and specifications for surface runoff and erosion control devices;

3. A description of vegetative measures;

4. A graphic representation of the location of all items required by this section.

C. An estimate of the costs of implementing all SWCP control measures must be submitted in a form acceptable to the city engineer.

D. The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the BMP manual.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.18-1.21, 2018)

15.24.140 Soils engineering report.

A soils engineering report shall be based on adequate and necessary test borings, and shall contain all the following information:

A. Data regarding the nature, distribution, strength, and erodibility of existing soils; B. Data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site, if any;
C. Opinions and recommendations for grading procedures; D. Opinions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is complete; E. Design criteria for corrective measures when necessary; F. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by th e city engineer shall be incorporated in the grading plans or specifications. (Ord. 1053, § 1, 2009)

15.24.141 Engineering geology report.

An engineering geology report, when required by this chapter, shall be based on adequate and necessary test borings and shall contain an adequate description of the geology of the site, opinions and recommendations regarding the effect of g eologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations

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included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.
(Ord. 1053, § 1, 2009)

15.24.150 Work schedule.

The applicant must submit a work schedule showing the following information:

A. Proposed grading schedule identifying the start date, end date, and major milestones for the work;
B. Proposed conditions of the site on each July 15th, August 15th, September 15th, October 1st, and October 15th during which the permit is in effect.

C. Proposed schedule for installation of all interim BMP control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in the proposed schedule;
D. Schedule for construction of final improvements, if any; E. Schedule for installation and maintenance of all permanent BMP control devices where required.
(Ord. 1053, § 1, 2009)

15.24.160 Security.

A. Amount of Security. The applicant shall provide security for the performance of the work described and delineated on the approved grading plans, CSCP, and SWCP in an amount determined by the city engineer but not less than 100 percent of the approved estimated cost of performing said work prior to issuance of a permit.

The applicant shall provide security for the purpose of security payment to the contractor, the contractor's subcontractor and to persons renting equipment or furnishing labor or materials for the work describe and delineated on the approved grading plans, CSCP, and SWCP in an amount determined by the city engineer but not less than 100 percent of the approved estimated cost of performing said work prior to the issuance of a permit.

The permittee shall provide security to warranty the maintenance and upkee p of the final grading and permanent improvements, described and delineated in the final grading plans, CSCP, and SWCP against defective workmanship and materials in an amount to be determined by the city engineer, but not less than 25 percent of the estimated cost of performing said work submitted by the permittee and approved by the city engineer.

B. Persons performing work under a permit issued in accordance with this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the

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permittee or his or her agent, or both, as principle in accordance with the provisions contained herein.

Bond(s) or bonds shall be issued by one or more corporate sureties authorized to transact the business of insurance by the California Insurance C ommissioner. The form of the bond or bonds shall be subject to the approval of the city attorney. The bonds shall be in favor of the city and shall be conditioned upon the completion, free of liens, of the work authorized by the permit.

In lieu of a bond, the permittee may post a cash deposit, either with the city or a responsible escrow agent or trust company, of money, negotiable bonds of the kind approved for securing deposits of public moneys, or other instrument of credit from one or more financial institutions subject to regulation by the state or federal government, and approved by the city attorney, wherein said financial institution pledges funds are on deposit and conditioned for payment as described above.

C. Performance Bond and Notice of Default. The bond/bonds shall be also be conditioned that, upon notice of a finding by the city engineer that a default has occurred in the performance of any term or condition of work authorized by a permit, the bond/bonds are payable to the city for any costs incurred by the city or its agent in completing the required work or performing work necessary to leave the site in a nonhazardous condition or required to protect or repair adjacent in the event the principle or surety fails to complete work. The bond/bo nds shall be further conditioned upon the payment to the city or its agents in completing the work required to protect or repair adjacent public or private properties from damage from work performed under the permit.

Whenever the city engineer makes such a finding, he or she shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the city engineer to be necessary for the completion of the work. After the receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the city an amount equal to the city engineer's estimate of the completion cost plus an additional sum equal to 25 percent of such cost.

D. Private Contract Performance Bond Principal or Surety Liability. In the event that the principal or surety fails to complete such work within the time specified in the notice, or fails to deposit the estimated cost plus 25 percent with the city, the city engineer may cause the required work to be completed. The princi pal and the surety shall be liable for the cost of completing such work.

E. Private Contract Performance Bond Liability of City for Performance of Certain Work. If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice, the city engineer shall cause the required work to be completed.

The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the city blameless from any liability in connection with the work so

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(Supp. No. 13)

performed by the city or contractor employed by the city. The city shall not be liable in connection with such work other than for the expenditure of said money. (Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.22, 2018)

15.24.165 Fees.

Fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time, by separate resolution of the city of Hollister city council. (Ord. 1053, § 1, 2009)

15.24.170 Permit review and approval.

The city engineer shall review all documents submitted pursuant to this chapter and, if necessary, request additional data, clarification of submitted data or correction of defective submissions prior to making a decision on the approval of the permit. (Ord. 1053, § 1, 2009)

15.24.171 Notice.

The city engineer shall notify applicant of his or her decision on the permit after the final review of initial submission and all required corrected submissions. (Ord. 1053, § 1, 2009)

15.24.172 Permit duration.

Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or grading activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within 60 days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules, and security to the city engineer except where an item to be resubmitted is waived by the city engineer. The city engineer may require additional fees if additional staff time is required.
(Ord. 1053, § 1, 2009)

15.24.173 Permit denial.

The applicant may request a hearing before the city council within five working days of notification of a permit denial. The hearing shall be held at the next regular city council meeting following the date of the request for a hearing, pursuant to state l aw notice requirements.

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(Ord. 1053, § 1, 2009)

15.24.174 Assignment of permit.

A permit issued pursuant to this article may be assigned, provided all of the following requirements are met. The city engineer shall provide the proposed assignee with written notice of the approval or denial, with the basis for the denial, of the proposed assignment.

A. The permittee provides written notice to the city engineer of the proposed assignment no less than 30 days before the proposed assignment; B. The proposed assignee provides the following items to the city engineer when the notice of the proposed assignment is given to the city engineer:

1. Provides application information required by this chapter,

2. Agrees in writing to all the conditions and duties imposed by the permit,

3. Agrees in writing to assume responsibility for all work performed prior to the assignment,

4. Provides security required by this chapter,

5. Pays all required fees, and

6. Provides an acknowledgement by the design civil engineer, soils engineer, and engineering geologist authorizing the use of their engineering design plans, specifications, reports, and documents for the project. (Ord. 1053, § 1, 2009)

15.24.180 No improvements planned.

Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, the applicant must:

A. Meet all the requirements of this chapter except that an interim plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved must be submitted in lieu of a final plan; and
B. Submit executed contract(s) obligating the applicant to perform maintenance and upkeep of the graded but unimproved portions of the site and to provide that all work be warranted against defective workmanship and materials for a warranty period of one year after completion of the grading. (Ord. 1053, § 1, 2009)
ARTICLE III. GRADING REQUIREMENTS

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15.24.200 Grading requirements.

A. Engineered Grading. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soils engineering and engineering geology reports into the grading plan. He or she also shall be responsible for the monitoring and certification of the grading within his or her area of technical specialty. This responsibility shall include, but not be limited to, monitoring and certification as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the city engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit in a form prescribed by the city engineer a statement of compliance to said as-graded plans.

During grading all necessary reports, compaction data, and soils engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soils engineer and the engineering geologist. The soils engineer's area of responsibility shall include, but need not be limited to, the monitoring and approval concerning the preparation of ground to receive fills, or withstand cuts, testing for required compaction, stability of all finish slopes, and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.

The engineering geologist's area of responsibility shall include, but need not be limited to, monitoring and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other ground water drainage devices. He or she shall report his or her findings to the soils engineer and the civil engineer for engineering analysis.

The city engineer shall inspect the project at any time necessary to determine that adequate control is being exercised by the professional consultants.

B. Regular Grading. The city engineer may require monitoring and testing by a soils engineer. The soils engineer's responsibility shall include, but need not be limited to, approval concerning the monitoring of cleared areas and benches to receive fill, the compaction of fills, and the excavation of hillsides into native material. When the city engineer has cause to believe that geologic factors may be involved, the grading operation will be required to conform to engineered grading requirements.

C. Nonconformity with Plans. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, or the engineering geologist, finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city engineer (see Section

14.12.020).

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D. Change of Professionals. If the civil engineer, the soils engineers, the engineering geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to acc ept the responsibility within the area of their technical competence for approval upon completion of the work.
(Ord. 1053, § 1, 2009)

15.24.210 Wet season work.

A. For the commencement of land disturbing or grading activities during the wet season the permittee shall demonstrate to the satisfaction of the city engineer that land disturbance is relatively minor and that all BMP measures can be controlled.

The city engineer may grant permission under this section on the basis of weather forecast, experience, and other pertinent factors, which indicate the activities may commence or continue without compromise of BMP control measures.

B. For continuation of land-disturbing or grading activities, other than installation, maintenance, or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive, every five working days, special permission from the city engineer to proceed.

C. Permittee's failure to obtain permission for wet season activity shall result in the imposition of suspension or revocation, action against the security, or criminal penalties or any combination thereof.
(Ord. 1053, § 1, 2009)

15.24.220 Cuts.

A. General. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section.

B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical unless approved by city engineer.

C. Drainage and Terracing. Drainage and terracing shall be provided as required by this chapter.
(Ord. 1053, § 1, 2009)

15.24.230 Fills.

A. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the case of a proj ect being of such minor nature that a soils report is not required, the city engineer may waive these provisions.

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B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical.

C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, scarifying to provide a bond with a new fill, and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as suitable foundation for fill. Unsuitable soil is soil, which in the opinion of the civil engineer is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

D. Fill Material. Detrimental amounts of organic material shall not be permitted in fills.

Except as permitted by the city engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.

Exception: The city engineer may permit placement of rock larger than 12 inches when the civil engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

2. Rock sizes greater than 12 inches in maximum dimension shall be ten feet or more below grade, measured vertically; and

3. Rocks shall be placed so as to assure filling of all voids.

E. Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. All fills shall be compacted in accordance with the most current version of the California Building Code Chapter 18 adopted by the city, or equivalent as approved by the city engineer.

F. Slope. The slope of fill shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.

G. Drainage and Terracing. Drainage and terracing shall be provided as required by this chapter.
(Ord. 1053, § 1, 2009)

15.24.240 Other considerations.

In addition to the engineering requirements contained herein, all grading must also be in conformance with certain lot design criteria contained within the Zoning

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Ordinance. Such considerations include, but are not limited to, pad elevation differentials and future building pad locations relative to top/bottom of slope or engineered retaining walls.
(Ord. 1053, § 1, 2009)

15.24.250 Drainage and terracing.

A. General. Unless otherwise recommended in the approved soils engineering report, drainage facilities and terracing shall conform to the provision of this section.

B. Terrace. Terraces at least six feet in width shall be established at not more than 30- foot vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one terrace is required it shall be at mid-height.

For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height, one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the city engineer. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet.

Any section of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet without discharging into an approved public or private water system.

C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the city engineer or other appropriate public agency as a safe place to deposit such waters. Ground erosion in the area of discharge shall be prevented by installation of non-erosive downdrains or other devices.

E. Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than 40 feet measured horizontally from the top of all cut slopes. Interceptor drains shall be paved with a minimum of three inches of reinforced concrete or gunite with a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The city engineer shall approve the slope of drain.
(Ord. 1053, § 1, 2009)
ARTICLE IV. IMPLEMENTATION AND ENFORCEMENT

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15.24.300 Issuance of permits.

The city engineer shall issue a permit upon approval of a grading plan, interim plan, and where required, final plan, soils engineering report, and engineering geology report, and the deposit of appropriate security, and payment of fees. The permit shall b e issued subject to the following conditions:

A. The permittee shall maintain a copy of the permit, approved plans and reports required by this chapter on the work site and available for public inspection during all working hours.

B. The permittee shall at all times be in conformity with the approved grading plan and the interim and final BMP plans.
(Ord. 1053, § 1, 2009)

15.24.310 Implementation of permits—Permittee's duties.

A. The permittee shall provide written notice to the city engineer as specified herein:

1. Seventy-two hours before the beginning of the permitted activity;

2. Within 72 hours of the completion of rough grading;

3. Within 72 hours of the completion of finished grading;

4. Seventy-two hours before the installation of all BMP control measures and the completion of planting requirements;

5. Within 72 hours of the readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final BMP control measures.

B. If any of the following events occur, the permittee shall provide written notice to the city engineer the next business day with recommendations for any corrective action necessary:

1. There are delays in obtaining materials, machinery, services or staff necessary to implement the grading, interim, or final plans as scheduled;

2. There are any delays in land-disturbing or filling activities or soil storage;

3. The work is not being done in conformance with the approved grading, interim, or final plans;

4. There are any departures from the approved grading plan that may affect implementation of the interim or final plans as scheduled;

5. There are any delays in the implementation of the interim or final plans;

6. There are any other departures from implementation of the interim or final plans.

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(Ord. 1053, § 1, 2009)

15.24.315 Implementation of permits.

The city engineer shall review all reports submitted by permittee. The city engineer may require permittee to modify the grading plan, interim, or final plans, and maintenance methods and schedules. The city engineer shall notify the permittee in writing of any required modifications and shall specify a reasonable period of time within which permittee must comply with the modifications. All modifications are subject to city engineer's approval. The city staff may inspect the site at any time at the discretion of the city.
(Ord. 1053, § 1, 2009)

15.24.320 Completion of work—Final reports.

Upon completion of the permitted grading activit y, the following reports shall be filed with the city engineer:

A. A written statement by the civil engineer that all grading and drainage facilities have been completed in conformance with the permit and this chapter; B. An as-built plan of the completed work prepared by a civil engineer; C. A final as-built soil engineer's report which shall include a written statement that inspections and tests were made during the grading and that in his or her opinion all embankments and excavations comply with the provisions of this chapter and the permit and are acceptable for their intended use. Soil bearing capacity (except where the city engineer determines such is inapplicable), summaries of field and laboratory tests and locations of tests if not previously submitted, and the limits of compacted fill on an as-built plan shall be included in the report. The report shall include reference to the presence of any expansive soils or other soil problems, which if not corrected, would lead to structural defects in buildings constructed on the site. If such report discloses the presence of such expansive soils or such other soil problems, it shall include recommended corrective action designed to prevent structural damage to each building proposed for construction upon the site. The final as-built report shall also contain a seepage statement or study as appropriate.

D. A final as-built engineering geology report by an engineering geologist based on the as-built plan including specific approval of the grading as affected by geological factors. Where required by the city engineer, the report shall include a revised geologic map and cross-sections and recommendations regarding building restrictions or foundation setbacks.
(Ord. 1053, § 1, 2009)

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15.24.330 Post-grading procedures.

Upon completion of work described and delineated on the approved grading and BMP control plans, and prior to the city engineer issuing a letter of acceptance, the permittee shall enter into an agreement with the city obligating the permittee to perform maintenance and upkeep of the work included in the permit and to be warranted against defective workmanship and materials for a warranty period of one year from the date the city engineer issues said letter of acceptance. A separate bond or other security must be submitted before a letter of acceptance for the permitted work will be issued.

The permittee shall provide security for said maintenance and upkeep of work and warranty. During the one-year warranty period the permittee shall perform all required routine maintenance and upkeep of the work included on the final grading and BMP control plans, and perform repairs or replacement of any and all defective workmanship and materials in a manner satisfactory to the city engin eer, after notice to do so from the city engineer, and within the time specified in the notice. If the permittee fails to comply with the notice of default the city engineer may take action against the security. (Ord. 1053, § 1, 2009)

15.24.340 City engineer—Powers and duties generally.

The city engineer shall cause grading being done without a permit to be stopped until a permit has been obtained. He or she may require that such work done without a permit be removed or corrected at the expense of the responsible person. Where grading work involves an embankment improperly constructed or constructed without adequate testing, he or she shall cause such embankment to be reconstructed or, in lieu thereof, shall cause a notice documenting the existence of improper grading to be recorded in the office of the county recorder. He or she shall have work done in connection with a grading permit to ensure compliance with the provisions of this chapter and shall release the bond 35 days after such work is properly completed and a letter of acceptance has been issued by the city engineer. (Ord. 1053, § 1, 2009)

15.24.350 Fees to be doubled in certain cases—Effect of imposition.

In the event that grading work is commenced without a grading permit the city engineer shall cause such work to be stopped until a permit is obtained. The permit fee in such instance shall then be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the performance of the work. Such double fee shall not be construed to be a penalty, but shall be construed as an added fee required to defray the expense of enforcement of the provisions of this chapter in such cases. The imposition of payment of such double fee shall not prevent the imposition of any penalty prescribed or imposed by this chapter.

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(Ord. 1053, § 1, 2009)

15.24.360 Abatement of dangerous conditions.

Where the city engineer determines that grading has created a danger to public or private property, or has resulted in the deposition of debris on any public way, or interferes with any existing drainage course, the city engineer shall serve written notice on the property owner describing the condition and requiring that the property owner abate the dangerous condition within ten days after the notice is received; provided that if the dangerous condition creates an imminent danger, the city engineer may require the property owner to take steps for the immediate abatement of the dangerous condition. If the property owner fails to so abate the condition as directed, the city engineer may do so, in which event the property owner shall be liable for all costs of such abatement, including, but not limited to, reasonable attorney fees. The expenses of abatement shall be a lien against the property on which it is maintained and a personal obligation against the property owner.
(Ord. 1053, § 1, 2009)

15.24.370 Suspension or revocation of permit.

A. The city engineer shall suspend the permit and issue a stop work order, and permittee shall cease all work identified on the stop work order, except work necessary to remedy the cause of the suspension, upon notification of such suspension when:

1. The city engineer determines that the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the city of Hollister;

2. Permittee fails to submit reports as required by this chapter;

3. Inspection by the city engineer reveals that the work or the work site does not comply with this chapter or the grading plan, interim, or final plan as approved or as modified, or does not comply with an order to modify.

B. The city engineer shall revoke the permit and issue a stop work order, and permittee shall cease work if permittee fails or refuses to cease work after suspension of the permit and receipt of a stop work order and notification thereof.

C. The city engineer shall reinstate a suspended permit upon permittee's correction of the cause of the suspension.

D. A revoked permit cannot be reinstated, and permittee must apply for a new permit. (Ord. 1053, § 1, 2009)

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15.24.380 Penalties for violations.

A. Infraction. Any person, corporation, partnership, association of any type, or other legal entity, acting as principal agent, employee, or otherwise, who fails to comply with the provisions of this ordinance shall be guilty of an infraction for each separate offense and upon conviction thereof shall be punished as set forth in Government Code Section 36900, as it now exists or may hereafter be amended.

The violating party shall be judged to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided herein.

B. Public Nuisance. A violation of any of the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and may be abated by the city in any manner permitted by law, including but not limited to, injunctive relief.

C. Civil Penalties. A violation of any of the provisions of this chapter may result in the assessment of civil penalties of up to $1,000.00 during each day that the violation is committed, continued, allowed, or maintained.
(Ord. 1053, § 1, 2009)

15.24.385 Remedies cumulative.

The remedies provided in this article shall be cumulative and not exclusive. (Ord. 1053, § 1, 2009)

15.24.390 Action against the security.

The city engineer may take action against the bond or deposit if a determination is made that specific conditions listed in the permit were not met, or if the permittee abandons the site prior to completing the grading, erosion control or drainage requirements, or if the city engineer determines that action by the city is necessary to prevent excessive erosion from occurring on site. The city engineer shall use funds from the appropriate security to finance remedial work undertaken by the city or a private contractor under contract to the city, and to reimburse the city for all direct costs incurred in the process of the remedial work.
(Ord. 1053, § 1, 2009)

15.24.395 Release of security.

Bonds, cash deposits, or instruments of credit shall be released 35 days after the permit is finalized and a letter of acceptance is issued by the city engineer, or, for warranty work, upon 35 days after the end of the maintenance period pursuant to this chapter.

Securities held against the warranty for the maintenance and upkeep of the work required by the final grading BMP control plans as provided in this chapter shall be released to the permittee within 35 days after the end of the one-year warranty period if no action against such security is filed prior to that date, and the permittee is in compliance with all terms and conditions of the agreement required by this chapter. (Ord. 1053, § 1, 2009)

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

SECTION __. 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 September 2, 2025, and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on September 15, 2025, by the following vote:

AYES:

Ordinance No. XXXX

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(Supp. No. 13)

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

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. __Ordinance Number__ 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 September 15, 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 September 15, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 2, 2025
REPORT # Fire-2025-18

AGENDA ITEM: AN ORDINANCE AMENDING CHAPTER 15.04 OF THE HOLLISTER MUNICIPAL CODE TO ADOPT THE 2025 EDITION OF THE

CALIFORNIA FIRE CODE, INCLUDING APPENDICES, AND ADDING SECTION

15.04.055 TO ESTABLISH LOCAL AMENDMENTS

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Carlos Bedolla, Deputy Fire Marshal

RECOMMENDED ACTION: Hold a public hearing and introduce the Ordinance Amending Chapter 15.04 of the Hollister Municipal Code to Adopt the 2025 Edition of the California Fire Code in its entirety, including appendices, as adopted in Title 24, Part 9 of the California Code of Regulations, and Adding Section 15.04.055 to establish and adopt local amendments.

DISCUSSION: Fire Protection agencies are generally required to adopt the State Building Standards and agencies are allowed to make amendments to those state standards when justified by local topographical, climatic and geographical conditions.

The International Code Council promulgates the International Fire Code, a nationally recognized compilation of rules and regulations. The International Code Council has conducted open code hearings that permit participation by National, State, and local code officials; as well as industry representatives, consultants, and other private parties with an interest in the International Fire Code. The international Fire Code has been printed and published as a Code in book form with the meaning of Section 50022.1 of the Government Code of the State of California.

Under this adopting ordinance, specific amendments to building standards are more restrictive than those contained within the 2025 Edition of the California Fire Code as adopted by the California Building Standards Commission and published as the 2025 Edition of the California Fire Code.

Under the provisions of Section 18941.5 of the Health and Safety Code, local amendments are based on climatic, topographical and geological conditions. The findings for these local amendments are set forth in the Ordinance.

It is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the Fire Code is intended to reduce the potential loss of life and property and damage to the environment caused thereby. Staff is requesting that City Council introduce the ordinance and hold a public hearing on September 2, 2025 and hold a second reading by title only and adopt this ordinance on September 15, 2025. Copies of the ordinance proposed for adoption will be available for public inspection at the office of the City Clerk.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Ordinance

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HOLLISTER AMENDING CHAPTER 15.04 OF THE HOLLISTER
MUNICIPAL CODE TO ADOPT THE 2025 EDITION OF THE

CALIFORNIA FIRE CODE IN ITS ENTIRETY, INCLUDING
APPENDICES, AS ADOPTED IN TITLE 24, PART 9 OF THE

CALIFORNIA CODE OF REGULATIONS, AND ADDING SECTION

15.04.055 TO ESTABLISH AND ADOPT LOCAL AMENDMENTS

WHEREAS, pursuant to Section 18941.5 of the California Health and Safety Code, the City may adopt the provisions of the California Fire Code wit h certain exceptions, modifications and additions to provisions of the Code which are reasonably necessary to protect the health, welfare and safety of the citizens of Hollister because of local climatic, geological and topographical conditions; and

WHEREAS, the City Council has considered whether certain modifications to the California Fire Code standards set forth herein are necessary in the City of Hollister due to local climatic, geological or topographical conditions; and

WHEREAS, the factual findings made are valid and relate to the amendments made to the California Fire Code in this adoption; and

WHEREAS, the City of Hollister experiences unique climatic conditions characterized by hot, dry summers, low annual precipitation averaging fourteen inches annually, seasonal high winds, and periodic drought conditions, all of which create an environment conducive to ignition, rapid fire growth, and long-distance ember cast that, coupled with highly flammable vegetation, can cause uncontrollable fires; and

WHEREAS, increased development spreading into the wildland urban interface and brush covered hill areas creates conditions where wind driven fires could have severe consequences, as have been demonstrated on several occasions throughout the state; and

WHEREAS, during winter months, the city may experience periods of heavy rain due to the proximity of the Pacific Ocean, with winter storms often accompanied by high winds that have uprooted trees and damaged power lines, and the resulting localized flooding has delayed responding fire apparatus and prevented early discovery of structure fires; and

WHEREAS, the City is located within a region of significant geological activity, being proximate to the San Andreas Fault Zone and other active fault systems, mak ing the city susceptible to seismic hazards resulting from movement along any one of several known faults; and

WHEREAS, the most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement, and there is the

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additional possibility of earthquake-induced fires starting because of damage to gas lines, power lines or heat-producing appliances and the unavailability of water for fire control due to broken water mains; and

WHEREAS, in the event of a major earthquake many areas of the city may not be accessible to emergency equipment and, if bridges or roads are damaged, the city may be isolated from outside assistance; and

WHEREAS, the City of Hollister experiences unique topographical conditions, including varied terrain with foothills, canyons, and open grasslands, which can impede emergency access and contribute to the rapid spread of fire in both wildland and urban interface areas; and

WHEREAS, the city is divided by California State Highway 25, which creates barriers that obstruct traffic patterns and delay response time for fire equipment, and the water su pply within the city would be directly affected by the topographical layout in the event of a major catastrophe; and

WHEREAS, these local climatic, geologic and topographical conditions impact fire suppression efforts and the frequency, spread, intensity and size of fire involving structures in this community, and further impact potential damage to all structures from earthquake and subsequent fire; and

WHEREAS, the City Council finds it necessary that the California Fire Code be amended to mitigate the effects of these conditions and to provide reasonable fire safety standards for the protection of life and property; and

WHEREAS, the City Council has considered whether the modifications to the California Fire Code standards set forth herein are reasonably necessary in the City of Hollister due to these local climatic, geological and topographical conditions, and finds that such modifications are necessary.

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

SECTION 1. Section 15.04.050 of Chapter 15.04 of the Hollister Municipal Code is hereby amended to update the reference to the California Fire Code from the 2022 Edition to the 2025 Edition. The amended portion of Section 15.04.050 shall read as follows:

15.04.050 - Construction codes adopted by reference.

The following codes, which are on file and available for public inspection at City Hall, are adopted by reference as fully as if set forth verbatim . 2025 Edition of the California Building Standards, Title 24 of the California Code of Regulations, in its entirety consisting of the following parts:

Part 1 California Administrative Code.

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Part 2 (Vol 1) California Building Code.

Part 2 (Vol 2) California Building Code.

Part 2.5 California Residential Code.

Part 3 California Electrical Code.

Part 4 California Mechanical Code.

Part 5 California Plumbing Code.

Part 6 California Energy Code.

Part 8 Historical Building Code.

Part 9 2025 California Fire Code (with local amendments as provided in Section

15.04.055 of this Chapter).

Part 10 California Existing Building Code.

Part 11 California Green Building Standards Code.

Part 12 California Reference Standards Code.

Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition.

Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition.

SECTION 2. A new Section 15.04.055 is hereby added to Chapter 15.04 of the Hollister Municipal Code to read as follows:

15.04.055 – Local amendments to the California Fire Code.

Based upon the local climatic, geological, and topographical conditions described in the findings of the adopting ordinance, the 2025 California Fire Code, Title 24, Part 9 of the California Code of Regulations, is adopted with the following local amendments:

A. Administrative Provisions

101.1 Title. These regulations shall be known as the Fire Code for the City of Hollister, hereinafter referred to as “Fire Code.”

101.2.1 Appendices. Provisions in all appendices to the 2025 California Fire Code are hereby adopted in their entirety and shall apply.

102.1 Construction and design provisions. The construction and design provisions of this Code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this Code.

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2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this Code.

3. Existing structures, facilities and conditions when identified in specific Sections of this Code.

4. Existing structures, facilities and conditions, which, in the opinion of the Fire Code Official, constitute a distinct hazard to life and property.

5. Existing Structures Alterations, Additions and Repairs. a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter. b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent (50%) or more of the external walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent (50%) or more of the existing internal structural and/or non -structural framework, independently or in combination thereof, within a five year period, the entire building shall be made to conform to the current provisions of this Chapter. c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans.
d. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.

103.0 Responsibility for enforcement.
103.0.1 Within the City of Hollister, the responsibility for enforcement of this Code shall be under the direction of the Fire Chief.

103.0.2 Within the City of Hollister, the responsibility for enforcement of this Code shall be under the direction of the Building Official.

103.4 Police powers. The fire code official and his deputies shall have the powers of police officers in performing their duties under this Code. When requested to do so by the fire code official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the fire code official in enforcing the provisions of this Code.

105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

113.2 Owner/occupant responsibility. Correction and abatement of violations of this Code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this Code, the occupant shall be held responsible for the correction and abatement of such hazardous conditions.

113.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with the Municipal Code for the City of Hollister

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114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction as specified in Section 112.4 of this Code.

B. Definitions

202 Definitions
ALL WEATHER SURFACE. A road surface constructed to the minimum standards adopted by the jurisdiction.

BRIDGE. A structure to carry a roadway over a depression or obstacle.

IDLE PALLET. A pallet or similar product storage and/or lifting device not currently in use and empty of product.

C. Fire Apparatus Access Roads

503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:

1. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.

2. The unobstructed vertical clearance shall be not less than fifteen (15) feet clear.

3. The width shall be a minimum of twenty (20) feet clear. The Fire Code Official may require additional width when the traffic f low may be restricted or reduce the width to a minimum of twelve (12) feet for Occupancy Group U or R-3 occupancies.

4. The maximum grade change of the approach to and from any private bridge shall not exceed eight percent for a minimum distance of ten (10) feet.

503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this Code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the Fire Code Official. Every private bridge, including existing and those constructed under this Code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense.

503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than fifteen (15) percent unless specifically approved by the Fire Code Official.

503.2.7.1 Paving. All fire apparatus access roads over eight (8) percent shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen (15) percent where approved shall be paved with perpendicularly grooved concrete.

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503.7 Fire apparatus access road names. All fire apparatus access road names shall be issued or approved by the appropriate governmental agency.

D. Premises Identification

505.1 Address Identification. New and existing buildings shall be provided with an approved address identification. The address identification shall be legible and placed in a position that is visible at all times from th e street or road fronting the property. Address identification characters shall contrast with their background.

Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4” high with a minimum width stroke of one-half inch for single family dwellings and duplexes. For all other occupancies each character shall be not less than 12” high with a minimum stroke of three-quarters inch unless otherwise required by the Fire Code Of ficial.

E. Water Supplies

507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the Fire Code Official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. When required by the Fire Code Official, hydrants shall be painted in accordance with the most current edition of NFPA 291.

F. Features of Fire Protection

605.3.1 Spark arresters.

605.3.1.1 An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks or similar devices using solid fuel for conveying smoke or hot gases to the outer air.

605.3.1.2 Spark arresters shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.

G. Fire Protection Systems

901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.

901.2.2 Additional documentation. Additional documentation as required by the Fire Code Official shall be provided to the Fire Code Official in an acceptable format.

901.4 Fire Protection and Life Safety Systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever

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the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards.

901.4.8 Nonoperational equipment. Any fire protection equipment that is no longer in service shall be removed.

901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel . All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed by the California Contractors State License Board in accordance with the California Business & Professions Code or by the California State Fire Marshal.

901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the Fire Code Official within fifteen (15) calendar days after the date of the inspection or test.

901.7.7 Unless otherwise approved by the Fire Code Official, fire watch personnel shall be California licensed private security individuals with a minimum of two (2) individuals on duty at all times. Fire watch personnel shall be on duty 24 hours per day until the fire protection system has been returned to service.

901.11 Fire Protection Features for Plant Processing and Extraction Facilities

901.11.1 Scope. This section applies to occupancies regulated by Chapter 39 of this Code.

901.11.2 Definitions.

901.11.2.1 Plant processing. Plant processing shall include all plant post-harvest operations, excluding retail sales of plant and related products.

901.11.2.2 Indoor cultivation. Indoor cultivation shall be defined as all nursery or cultivation conducted in other than Group U occupancies (greenhouses).

901.11.3 Fire Protection Systems. All buildings or portions thereof housing plant post-harvest or indoor cultivation operations shall be protected as defined in this section.
901.11.3.1 Fire Sprinklers. Fire sprinklers shall be installed in accordance with 901.11.3.1.1, 901.11.3.1.2, or 901.11.3.1.3

901.11.3.1.1 Fire sprinklers shall be installed in all buildings or portions thereof; such fire sprinkler systems shall be designed to Ordinary Group II design standards in the latest adopted edition of NFPA 13 and Section 903 of this code.

901.11.3.1.2 If the occupancy is classified as a Group H Occupancy the fire sprinkler system may be required to be designed and installed as an Extra Hazard fire sprinkler system

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901.11.3.1.3 Where permitted by the fire code official and not otherwise required by this code or the CBC, fire sprinklers may be eliminated in approved buildings less than 500 square feet.

901.11.3.2 Fire Alarm Systems. Fire alarm systems shall be installed in all buildings or portions thereof; such fire alarm systems shall include both fire sprinkler system monitoring and complete occupant notification as specified in the latest adopted edition of NFPA 72 and Section 907 of this code.

901.11.3.3 Special Hazard Systems. Where specified by appropriate UL listings for extraction booths utilizing volatile solvents, dry chemical fire protection systems shall be installed according to the latest adopted edition of NFPA 17. If there is no UL listing for the extraction booth, a dry chemical fire protection system shall be installed.

901.11.3.4 Portable Fire Extinguishers. Portable fire extinguishers shall be installed in accordance with NFPA 10 and Section 906 of this code.

903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.

Exceptions:
(1) Structures not classified as Group R occupancies and not more than five hundred (500) square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code and the CBC, located at least one hundred feet (100) from any other structure or the property line, whichever is closer, and with a maximum size of 10,000 square feet. (3) Accessory structures not classified as R occupancies associated with existing non-sprinklered R-3 occupancies (one- or two-family dwellings) and less than one thousand five hundred (1500) square feet in total fire area with a clearance from the existing R-3 occupancy of not less than twenty (20) feet. (4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and where the Fire Code Official permits alternate protection.

The following Sections are amended by changing requirements to five hundred (500) square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.2 Group A-2. Change five thousand (5,000) square feet to five hundred (500) square feet.
903.2.1.3 Group A-3. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.4 Group A-4. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.5 Group A-5. Change one thousand (1,000) square feet to five hundred (500) square feet.

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903.2.3 Group E. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4 Group F-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4.1 Group F-1. Change two thousand five hundred (2,500) square feet for woodworking operations to five hundred (500) square feet. 903.2.7-1 Group M. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.7-3 Group M. Change twenty-four thousand (24,000) square feet to five hundred (500) square feet.
903.2.9 Group S-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.9.1 Repair Garages. Change ten thousand (10,000) square feet (2 story buildings) and twelve thousand (12,000) square feet (1 story buildings) to five hundred (500) square feet.
903.2.9.2 Bulk storage of tires. Change twenty thousand (20,000) cubic feet to five hundred (500) square feet.

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems. (Exceptions remain per 2025 California Fire Code)

903.3.1.1.1 -5 Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2 –hour fire resistive method.

903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.

903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.

903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA

13.

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903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.

903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.

903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under- stair spaces including all under-stair closets.

903.3.1.3 NFPA 13D sprinkler systems. Automatic fire sprinkler systems installed in one and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. The requirements of this section supersede the requirements of the California Residential Code.
903.3.1.3.1 All fire sprinkler systems installed in one - and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two -hour duration.
903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the Fire Code Official.
903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms and water closets, regardless of square footage.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and other accessory structures.
903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. An interior audible notification appliances or additional water flow alarms is require d to be installed at locations specified by the fire code official. 903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

903.3.10 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the Fire Code Official.

903.4.2 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or, when approved by the Fire Code Official, shall sound an audible signal at a

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constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system.

903.4.3 Alarms. One exterior approved audible appliance shall be connected to every automatic sprinkler system in an approved location. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by this section or Section 903.4.3.1. A minimum of one audible appliance shall be installed in all occupancies subject to this section.
903.4.3.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over one hundred (100) sprinklers, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at fifteen (15) dBa above average sound pressure level throughout the building. b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72.
c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the Fire Code Official.

EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.

904.14.2 System interconnection. The actuation of the fire extinguishing system shall automatically shut down power to the makeup air appliance and all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual.

904.14.5.2 Extinguishing system service. Automatic fire extinguishing systems shall be serviced by a CSLB licensed C-16 contractor or a CSFM licensed “A” licensee at least every six months and after any activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the fire code official. A service report shall be forwarded to the fire code official by the licensed service contractor within 15 days after every service on the appropriate AES form.

H. Fire Alarm and Detection Systems

907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premise are not permitted.

907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.

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907.6.4.0 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.

907.6.6 Monitoring. Fire alarm systems, whether required by this Chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this Section. (Exceptions remain unchanged)

907.6.6.0 Means of communication. The use of either POTS or cable telephone lines with a digital alarm communicator transmitter shall not be permitted.

EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available.

907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:

1. A record of completion in accordance with NFPA 72.

2. A record of inspection and testing in accordance with NFPA 72.

3. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72.

4. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the Fire Code Official.

907.8.2.1 Testing of FACU Batteries. Batteries installed in the fire alarm control units and remote power supplies shall be verified for battery capacity based on the approved plans and battery calculations. It shall not be permitted to disconnect the system for 24 hours prior to an acceptance or reacceptance test to test the battery capacity.

I. Solar Photovoltaic, Fuel Cell and Energy Storage Systems

1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:

1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 1/2” in height and in a non -serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather- resistant, durable plastic with engraved letters, or other approved material.

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1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least 3/8” in height and in a non—serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.

1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the fire code official shall be required indicating the location of the secondary power source shutoff switch.

1205.1.1.4 Installer Information. Signage acceptable to the fire code official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.

1205.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.

1206.14 Where stationary fuel cell power systems are installed inside any structure, signage acceptable to the fire code official shall be required indicating the location of the stationary fuel cell power system. Placarding shall be required to read “FUEL CELL” in block letters 6” high with a ¾” stroke on a contrasting background.

1207.4.1 .1 Energy storage systems (ESS) disconnects shall be located at or adjacent to the main electrical panel with appropriate placarding showing location of equipment and all shutdowns.

1207.4.8-6 Where battery energy storage systems are installed inside any structure, signage acceptable to the fire code official shall be required indicating the location of the battery energy storage system. Placarding shall be required to read “BESS” in block letters 6” high with a ¾” stroke on a contrasting background.

J. Plant Processing and Extraction Facilities

3905.4. Fire Protection Systems. Fire protection systems in occupancies regulated by this chapter shall be in accordance with Section 901.11 of this Code.

K. Wildland-Urban Interface Areas

D103.2 Grade. Fire apparatus access roads shall not exceed fifteen (15) percent in grade with a maximum side slope of five (5) percent.

EXCEPTION: Grades steeper than fifteen (15) percent, if approved by the Fire Code Official, shall be paved with perpendicularly grooved concrete.

L. Appendix SB – Standard Fire Conditions for Single Family Dwellings

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APPENDIX SB: STANDARD FIRE CONDITIONS FOR SINGLE FAMILY

DWELLINGS

SECTION SB101 GENERAL

SB101.1 Scope. Applications for the construction or remodel of single family dwellings, including one- and two-family dwellings, townhomes, modular and manufactured homes, and mobile homes outside of established mobile home parks, shall be subject to the fire conditions in this appendix when conditioned by the Fire Code Official.

SB101.2 Conflicting sections. Where provisions in this appendix conflict with other sections of this Code or other appendices, the provisions of this appendix shall prevail unless otherwise directed by the Fire Code Official.

SECTION SB102 ROADS

SB102.1 General. These conditions will be used primarily when conditioning a subdivision or other project that requires roads. Roads identified in this Section are vehicular access to more than two (2) parcels; more than four (4) residential units; or access to any industrial or commercial occupancy. Includes public and private streets and lanes.

SB102.2 Road access. (FIRE 001). Access roads shall be required for every building when any portion of the exterior wall of the first story is located more than one hundred fifty (150) feet from fire department access. All roads shall be constructed to provide a minimum of two (2) ten (10) feet wide traffic lanes with an unobstructed vertical clearance of not less than fifteen (15) feet. The roadway surface shall provide unobstructed access to conventional drive vehicles including sedans and fire apparatus and shall be an all-weather paved surface designed to support the imposed load of fire apparatus (75,000 pounds). Each road shall have an approved name.

SB102.3 Roadway engineering. (FIRE 002). The grade for all roads shall not exceed fifteen percent (15%) with a maximum side slope of five percent (5%).

Where road grades are 8 percent (8%) or less, an all-weather aggregate base is required at a minimum or as required in other sections of the Municipal Code. Where road grades exceed eight percent (8%), a minimum structural roadway surface of

0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The length of vertical curves in roadways, exclusive of gutters, ditches and d rainage structures designed to hold or divert water, shall not be less than one hundred (100) feet. No roadway turn shall have a horizontal inside radius of less than fifty (50) feet.

A roadway turn radius of fifty (50) to one hundred (100) feet is required to have an additional four (4) feet of roadway surface. A roadway turn radius of one hundred (100) to two hundred (200) feet is required to have an additional two (2) feet of roadway surface. Roadway turnarounds shall be required on dead -end roads in excess of one hundred fifty (150) feet of surface length. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a

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hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

SB102.4 Dead end roads.

SB102.4.1 Parcels less than one acre. (FIRE 003). For parcels less than one acre, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed eight hundred (800) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point.

Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

SB102.4.2 Parcels greater than one acre and not exceeding five acres (FIRE 004).

For parcels greater than one acre and not exceeding five acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed one thousand three hundred twenty (1,320) feet. All dead -end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length

SB102.4.3 Parcels greater than five acres and not exceeding twenty (20) acres. (FIRE 005). For parcels greater than five acres and not exceeding twenty (20) acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed two thousand six hundred forty (2,640) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have turnarounds at its terminus and at no greater than one thousand three hundred twenty (1,320) foot intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

SB102.4.4 Parcels greater than twenty (20) acres. (FIRE 006). For parcels greater than twenty (20) acres, the maximum length of a dead-end road, including all dead- end roads accessed from that dead-end road, shall not exceed five thousand two hundred eighty (5,280) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead -end road shall have turnarounds at its terminus and at no greater than one thousand three hundred

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twenty (1,320)-foot intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

SECTION SB103 DRIVEWAYS, GATES, AND BRIDGES

SB103.1 Driveways. (FIRE 007). Driveway identified in this Section is defined as a vehicle access that serves up to two (2) parcels with no more than two (2) residential units and any number on non-commercial or industrial buildings on each parcel.

Driveways shall not be less than twelve (12) feet wide traffic lane and minimum fourteen (14) feet wide unobstructed clearance, with an unobstructed vertical clearance of not less than fifteen (15) feet. The grade for all driveways shall not exceed fifteen percent (15%) with a maximum side slope of five percent (5%).

Where driveway grades are eight percent (8%) or less, an all-weather surface such as an aggregate base shall meet minimum fire requirements. Other types of material for driveways may be required by the Municipal Code. Where the grade exceeds eight percent (8%), a minimum structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The driveway surface shall be capable of supporting the imposed load of fire apparatus forty thousand (40,000) pounds, and be accessible by conventional-drive vehicles, including sedans. For driveways with turns ninety (90) degrees and less, the minimum horizontal inside radius of curvature shall be twenty-five (25) feet. For driveways with turns greater than ninety (90) degrees, the minimum horizontal inside radius curvature shall be twenty-eight (28) feet. For all driveway turns, an additional surface of four (4) feet shall be added. All driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds eight hundred (800) feet, turnouts shall be provided at no greater than four hundred (400)-foot intervals.

Turnouts shall be a minimum of twelve (12) feet wide and thirty (30) feet long with a minimum of twenty (25) foot taper at both ends. Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be thirty (30) feet long with a minimum twenty-five (25) foot taper at both ends.

Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be located within fifty (50) feet of the primary building.

The minimum turning radius for a turnaround shall b e forty (40) feet from the center line of the driveway. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

SB103.2 Gates. (FIRE 008). All gates providing access from a road to a driveway shall be located at least thirty (30) feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gate entrances shall be at least two (2) feet wider than the width of the traffic lane but in no case be less than fourteen (14) feet wide unobstructed and unobstructed vertical clearance of fifteen (15) feet. Where a one-way road with a single traffic lane provides access to a gated entrance, a forty (40) foot turning radius shall be used. Where gates are to be locked, the installation of a key box or other acceptable means for immediate access by emergency equipment may be required.

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SB103.3 Bridges. (FIRE 009). All new and reconstructed bridges shall be at least the width of the roadbed and berms, but in no case less than twelve (12) fe et wide.

Bridge width on all roads exceeding tertiary standards shall not be less than the width of the two lanes with berms. All bridges shall be designed for HS15 -44 loading and have guardrails. Appropriate signage, including but not limited to, weight ratings or vertical clearance limitations, and one-way road or single-lane road conditions, shall be provided at both entrances to any bridge. One -lane bridges may be permitted if there is unobstructed visibility across the entire bridge, and turnouts are provided at both bridge ends. The fire authority may impose more stringent requirements for bridges.

SECTION SB104 SIGNS AND ADDRESSES

SB104.1 Road signs. (FIRE 010). All newly constructed or approved roads and streets shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway. Size of letters, numbers and symbols for street and road signs shall be a minimum four-inch letter height, ½-inch stroke, and shall be a color that is reflective and clearly contrasts with the background color of the sign. All numerals shall be Arabic. Street and road signs shall be non -combustible and shall be visible and legible from both directions of vehicle travel for a distance of at least one hundred (100) feet. Height, visibility, legibility, and orientation of street and road signs shall be meet the provisions of the jurisdiction. This section does not require any entity to rename or renumber existing roads or streets, nor shall a roadway providing access only to a single commercial or industrial occupancy require naming or numbering. Signs required under this section identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roads, streets and/or private lanes. Signs identifying traffic access or flow limitations (i.e., weight or vertical clearance limitations, dead-end road, one-way road or single lane conditions, etc.) shall be placed: (a) at the intersection preceding the traffic access limitation; and (b) not more than one hundred (100) feet before such traffic access limitation.

Road, street and private lane signs required by this article shall be installed prior to final acceptance of road improvements by the Fire Code Official.

SB104.2 Addresses for buildings. (FIRE 011). All buildings shall be issued an address in accordance with jurisdictional requirements. Each occupancy, including detached accessory dwelling units (ADU), except accessory buildings, shall have its own permanently posted address. When multiple occupancies exist within a single building, each individual occupancy shall be separately identified by its own address.

Letters, numbers and symbols for addresses shall be a minimum of four-inch (4”) height, 1/2-inch stroke, contrasting with the background color of the sign, and shall be Arabic. The sign and numbers shall be reflective and made of a non -combustible material. Address signs shall be placed at each driveway entrance and at each driveway split. Address signs shall be visible from both directions of travel along t he road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Address signs along one-way roads shall be visible from both directions of travel. Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the

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nearest road intersection providing access to that site. Permanent address numbers shall be posted prior to requesting final clearance.

SECTION SB105 WATER SUPPLY

SB105.1 Water systems. (FIRE 012). The provisions of this condition shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available on-site prior to the completion of road construction, where a community water system is approved, or prior to the completion of the building construction, where an individual system is approved. Approved water systems shall be installed and made serviceable prior to the time of construction. Water systems constructed, extended or modified to serve a new development, a change of use, or an intensification of use, shall be designed to meet, in addition to average daily demand, NFPA Standard 1142 or other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available.

SB105.2 (RESERVED) (FIRE 013).

SB105.3 Single parcel fire protection water supply. (FIRE 014). For development of structures totaling less than three thousand (3,000) square feet on a single parcel, the minimum fire protection water supply shall be four thousand nine hundred (4,900) gallons. For development of structures totaling three thousand (3,000) square feet or more on a single parcel, the minimum fire protection water supply shall be nine thousand eight hundred (9,800) gallons. For development of structures totaling more than ten thousand (10,000) square feet on a single parcel, th e reviewing authority may require additional fire protection water supply. Other water supply alternatives, including ISO Rural Class 8 mobile water systems, may be permitted by the fire authority to provide for the same practical effect. The quantity of water required by this condition shall be in addition to the domestic demand and shall be permanently and immediately available.

SB105.4 Fire hydrants and valves. (FIRE 015). A fire hydrant or fire valve is required. The hydrant or fire valve shall be eighteen (18) inches above grade, eight feet from flammable vegetation, no closer than four feet nor further than twelve (12) feet from a roadway, and in a location where fire apparatus using it will not block the roadway. The hydrant serving any building shall be not less than fifty (50) feet and not more than one thousand (1,000) feet by road from the building it is to serve.

Minimum hydrant standards shall include a brass head and valve with at least one 2 1/2-inch National Hose outlet supplied by a minimum four inch main and riser. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimensions of three inches, located on the driveway address sign, non-combustible post or fire hydrant riser. If used, the post shall be within three feet of the hydrant/valve, with the blue marker not less than three feet or greater than five feet above the ground, visible from the driveway. On paved roads or driveways, reflectorized blue markers shall be permitted to be installed in accordance with the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.

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SECTION SB106 SETBACKS

SB106.1 Setbacks. (FIRE 016). Except as permitted by the fire code official, all parcels one acre and larger shall provide a minimum thirty (30) foot setback for new buildings and accessory buildings from all property lines and/or the center of the road. For parcels less than one-acre, alternate fuel modification standards or other requirements may be imposed by the Fire Code Official to provide the same practical effect.

SECTION SB107 VEGETATION AND DEBRIS DISPOSAL

SB107.1 Disposition of vegetation and debris fuels. (FIRE 017). Disposal, including chipping, burying, or removal to a landfill site approved by the local jurisdiction, of vegetation and debris caused by site development and construction, road and driveway construction, and fuel modification shall be comple ted prior to final clearance of the related permit.

SECTION SB108 GREENBELTS

SB108.1 Greenbelts. (FIRE 018). Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically as a separation between wild land fuels and structures. The locations shall be approved by the Fire Code Official.

SECTION SB109 DEFENSIBLE SPACE

SB109.1 Standard defensible space requirements. (FIRE 019). Defensible space requirements shall meet Section 4291 of the Public Resources Code or the City of Hollister Municipal Code, whichever is more restrictive. Additional or alternate fire protection approved by the Fire Code Official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the Fire Code Official and other jurisdictional authorities.

SB109.2 (RESERVED) (FIRE 020).

SECTION SB110 FIRE PROTECTION SYSTEMS

SB110.1 Residential fire sprinkler systems (Standard). (FIRE 021). The building(s) and attached structure(s) shall be fully protected with automatic fire sprinkler system(s). Installation shall be in accordance with the applicable NFPA standard. A minimum of four sets of plans for fire sprinkler systems must be submitted by a California licensed C-16 contractor and approved prior to installation.

This requirement is not intended to delay issuance of a building permit. A rough sprinkler inspection must be scheduled by the installing contractor and completed prior to requesting a framing inspection.

SB110.2 (RESERVED) (FIRE 022).

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SB110.3 (RESERVED) (FIRE 023).

SB110.4 Residential fire alarm systems. (FIRE 024). The residence shall be fully protected with an approved household fire warning system as defined by NFPA 72.

Plans and specifications for the household fire warning system shall be submitted by a California licensed C-10 contractor and approved prior to installation. Household fire warning systems installed in lieu of single-station smoke alarms required by the California Residential Code shall meet the requirements of the California Residential Code.

SB110.5 (RESERVED) (FIRE 025).

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 inval id 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 September 2, 2025 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on September 15, 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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

Ordinance No. XXXX

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. __Ordinance Number__ 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 September 15, 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 September 15, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister