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17.68.970 Financial Services. Financial services are establishments that provide banking, credit unions, loan services, security and commodities exchanges, and investment companies.
17.68.980 Floor Area, Gross. Gross floor area means the total area enclosed within a building, including closets, stairways, and utility and mechanical rooms, measured from the interior face of the walls.
17.68.990 Floor Area Ratio (FAR). Floor area ratio means the total floor area of all buildings on a lot, divided by the area of that lot. For example, a building 3,000 square feet of floor area on a 10,000 square foot lot has a FAR of 0.30. See Figure 17.02 -1 (Floor Area Ratio).
Figure 17.68-1 Floor Area Ratio
17.68.1000 Food Processing. Food processing means a commercial facility in which food is prepared, processed, packaged, or bottled for off -site sale or consumption.
17.68.1010 Fuel and Ice Dealers. A fuel and ice dealer means retail trade establishments primarily engaged in the sale to consumers of ice, bottled water, fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk.
17.68.1020 Funeral Services. Funeral services means an establishment that provides a place for individuals to make funeral arrangements and includes space for memorials, visitations, or gatherings but does not include on -site cremation or burial services (see Cemeteries, columbariums and mortuaries for full service facilities).
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17.68.1030 Fortunetelling. Fortunetelling means an establishment where a person is engaged in the forecasting or prediction of the future by means of the occult, psychic power, divination, clairvoyance, prophesy, mindreading, palmistry, tarot reading, astrology, crystal gazing, reading of tea leaves or similar readings or predictions for pay.
17.68.1040 Furniture, Furnishings, and Equipment Stores. Furniture, furnishing, and equipment stores means stores primarily selling home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, movable spas and hot tubs. Also includes the retail sale of office furniture and large musical instruments.
17.68.1050 Garage. A garage is an attached or detached accessory building used for the storage of vehicles or trailers by the occupants of the premises.
17.68.1060 Garage or Yard Sale. A garage or yard sale means the temporary sale of used household goods or items sold by the occupant of the residential dwelling where the sale occurs. Garage or Yard sales are permitted in residential zoning districts and are limited to three sales per year.
17.68.1070 General Plan. A General Plan means the city of Hollister General Plan, including all elements thereof and all amendments thereto, as adopted by the Council under the provisions of Sections 65300 et seq., of the Government Code.
17.68.1080 Glass Products Factory. A glass products factory means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations which are included under handicraft industries and small scale manufacturing.
17.68.1090 Handicraft Industries, Small Scale Manufacturing. Handicraft Industries, small scale and manufacturing means small scale manufacturing establishments not classified in another major manufacturing group, including arts and crafts, jewelry, embroidery, engraving, glass, musical instruments, toys, sporting and athletic goods, pens, pencils, and other office and artists materials; button, costume novelties, miscellaneous notions; brooms and brushes and other miscellaneous manufacturing industries.
17.68.1100 Hazardous Materials. Hazardous materials are any substance that can cause harm to humans, animals, or the environment, either on their own or through interactions with other factors. This includes a wide range of items, including chemicals, radioactive materials, biological agents, or some physical substances.
17.68.1110 Hazardous Materials or Waste Facilities. A hazardous material or waste facility means any facility or land use that includes the production, storage, transport, or other use of hazardous materials.
17.68.1120 Health/Fitness Club. A health or fitness club means fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges, other indoor sports
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activities and limited massage therapy that is incidental to the operation.
17.68.1130 Height, Building. Building height means the vertical distance from the average contact grade level of the building, "grade" as defined herein, to t he highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
17.68.1140 Home Occupation. A home occupation is a business activity conducted entirely within or from an enclosed dwelling unless otherwise permitted in an accessory structure with a conditional use permit. See Section 17.22.130 (Home Occupations).
17.68.1150 Hotel or Motel. A hotel or motel means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (of less than 30 days). Hotels provide access from an interior walkway to most guest rooms that do not have kitchen facilities. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, meeting rooms, restaurants, breakfast rooms, etc.
17.68.1160 Improvement. An improvement means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto.
17.68.1170 Junkyard. A junkyard means the use of any outdoor space where waste, discarded or salvaged materials are stored or handled; including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged housing wrecking and structural steel materials and equipment, except when any such use is accessory and incidental to the permitted agricultural use.
17.68.1180 Laundromat. A laundromat is a self-service washing machines and dryers for public use. Laundromats are considered to be a “Personal Service.”
17.68.1190 Laundries and Dry Cleaning Plants. Laundries and dry cleaning plants means service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and on - site dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include laundromats or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "Personal Services."
17.68.1200 Live Entertainment. Live entertainment means in person entertainment or performances associated with an established business. Live entertainment includes karaoke, comedy clubs, musical acts (with or without amplified music), theatrical acts, cabaret, DJs, dance performances, or live performances deemed s imilar by the Community Development Director.
17.68.1210 Live-Work Unit. A live-work unit is a property or properties where residential and commercial uses are allowed where the owner or renter of the unit both lives and operates a business with services or products available to the public on the property. Business operations include all permitted office and commercial uses within the zoning district as well as handicraft manufacturing and artist studios. Telecommuting
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or remote office work is not considered a live-work use.
17.68.1220 Lot Coverage. Lot coverage means that portion of a lot or parcel which is occupied by any building or structure. Building and structures include all land covered by the principal dwelling unit, Accessory Dwelling Unit, SB-9 Unit, garages, and accessory structures where more than two sides are covered (such as detached garages, carports, sheds, patio covers, covered front porches). All lot coverage calculations are measured at ground level, second stories are not included within the lot coverage calculation.
17.68.1230 Lot Depth. Lot depth means the distance measured from the front property line to the rear property line, typically along the side property line. Where the lot has angled or irregular side or rear lot lines, the depth shall be measured from the midpoint of the front property line to the midpoint of the rear property line.
17.68.1240 Lot or Parcel. A lot or parcel is an area of real property under single ownership, its principal frontage on a street or right -of-way, and lawfully created and recorded as required by the Subdivision Map Act and city of Hollister ordinances, including this Zoning Ordinance. Types of lots include the following:
1. Corner Lot means a lot located at the intersection of two or more streets, bounded on two or more sides by street lines. The front of a corner lot shall be defined by the location of the main entrance door of the primary structure on the parcel. For a commercial, mixed-use, or multifamily properties where the main entrance to a primary structure cannot be clearly determined, the front of the corner lot shall be established by the Engineering Division at the time at which the parcel is created, or through the address assignment, and shall be the street on which the parcel is addressed.
2. Double Frontage or Through Lot means a lot having a frontage on, and rights of vehicular access to, two parallel or approximately parallel streets.
For the purposes of determining vehicular access to parallel streets pursuant to this definition, alleys are not streets.
3. Flag Lot means an interior lot having access by a corridor having a street frontage of less than 20 feet in width.
4. Interior Lot means a lot abutting only one street. Key lot. The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.
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Figure 17.68-2 - Lot Types
17.68.1250 Lot Width. Lot width means the width of the lot measured at right angles to its depth at a point midway between the front and rear lot lines. "Average lot width" means the average width of the lot throughout its full depth measured at right angles to the depth.
Figure 17.68-3 - Lot Width
17.68.1260 Lumber and Wood Products Manufacturing. Lumber and wood products manufacturing means processing and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes: all types of milling operations and the turning and shaping of wood products on a manufacturing basis; the assembly of products including trusses and structural beams, wood containers, pallets and skids;;
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and the wholesaling of basic wood products. This use type includes indoor storage only.
Outdoor storage of any products falls under the Outdoor, Storage use category. Craft - type shops are included in "Handicraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "Building Material Stores."
17.68.1270 Manufacturing. Manufacturing means the process of turning raw materials or parts into finished products or parts, including processing, assembly, fabrication, treatment, and/or packaging of such products or parts. Examples include furniture assembly or production, cabinet making, textile manufacturing or large scale clothing assembly, wood product manufacturing, metal manufacturing and uses deemed similar by the Community Development Director. Does not include uses that contain or produce hazardous materials or waste, see Hazardous Materials or Waste Facilities.
17.68.1280 Medical Services—Clinics and Laboratories. Medical clinics and laboratories means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These facilities include: medical, dental, and psychiatric offices (with more than one therapist or counselor and/or group therapy sessions); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
17.68.1290 Medical Services—Extended Care. Extended care means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities with in-patient beds; extended care facilities; convalescent and rest homes; board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "Residential Care Homes."
17.68.1300 Medical Services—Hospitals. Hospitals are establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services having an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May in clude accessory retail uses (see the separate definition of "Accessory Retail Uses,") and emergency heliports.
17.68.1310 Metal Fabrication, Machine and Welding Shops. Metal fabrication, machine, and welding shops means the assembly of metal parts, includ ing blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
17.68.1320 Mixed-Use Development or Building. A mixed-use development or building means a site or structure with a combination of residential and commercial uses, in a single or physically integrated group of structures.
17.68.1330 Mixed-Use Zone or Zoning District. A mixed-use zone or zoning district means any zoning designation where Mixed-Use Development is permitted by the General Plan land use designation, and shall mean all of the zoning districts labeled as “Combined Zones” in Section 17.02.030.
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17.68.1340 Mobile Food Vending Facility. Mobile food vending facility shall have the same meaning as facilities permitted by Chapter 10.50 of the Municipal Code.
17.68.1350 Mobile Home. A mobile home is a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing which is equipped for human habitation. For purposes of this chapter, a mobile home on a permanent foundation is considered a structure.
17.68.1360 Mobile Home Park. A mobile home park is any site that is planned and improved to accommodate two or more mobile homes used for residential purposes for stays longer than 30 days.
17.68.1370 Motel. See "Hotel or Motel."
17.68.1380 Natural Grade. Natural grade means the contour of the ground surface before any grading (cut or fill).
17.68.1390 Neighborhood Market. A neighborhood market means a small pedestrian- oriented store selling food and beverages (excluding alcohol sales) to the surrounding neighborhood.
17.68.1400 Nonconforming Lot. A nonconforming lot means a lot of record that was legally created prior to the effective date of this Ordinance, but does not meet the current requirements of this chapter because the lot is of a size, shape, or configuration no longer allowed in the zoning district in which the site is located, as a result of the adoption of, or amendments to, this chapter.
17.68.1410 Nonconforming Structure. A nonconforming structure means a structure that was legally constructed prior to the effective date of this Ordinance, but does not meet the current requirements of this Zoning Ordinance because the adoption of or amendments to the Zoning Ordinance made the structure nonconforming in its size, type of construction, location on its site, separation from other structures, number of parking spaces provided, or other features.
17.68.1420 Nonconforming Use. Nonconforming use means a use of land or structure that was legally established prior to the effective date of this Ordinance, but does not meet the current requirements of this Zoning Ordinance because the use is no longer allowed in the zoning district that applies to the site, as a result of the adoption of, or amendments to, this Zoning Ordinance.
17.68.1430 Nursery. Nursery means the retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other gardening item.
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17.68.1440 Offices. Offices means establishments including the following:
1. Business Offices means establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals"); and
2. Professional Offices means an office for the conduct of an administrative or professional services. These types of activities do not include the manufacture, storage, or retail sale of merchandise. Professional offices include but are not limited to accountants, advertising agencies, attorneys, brokerages, consultant services, counseling or therapy office where there is one patient and one licensed provider at one time, data processing, employment agencies, government offices, law offices, management services, architectural or engineering offices, support services, photography studios, and other offices deemed similar by the Community Development Director.
3. Office Parks are an area of land in which office buildings are grouped or built together and may be under separate or one ownership. Office parks typically include a consistent circulation pattern, common landscaping, and may include shared parking.
This use type does not include: medical offices, which are allowed under "Medical Services—Clinics and Laboratories."
17.68.1450 Offices, Temporary. Temporary offices means a mobile home, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site. Temporary offices include a temporary on-site real estate sales office for a development project, temporary construction trailer, or a temporary business office in advance of permanent facility construction as authorized by Section 17.24.190 (Temporary Use Permits).
17.68.1460 Organizational Documents. Organizational documents means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a project.
17.68.1470 Outdoor retail sales and activities means permanent outdoor sales and rental establishments including autos, other vehicles and equipment, displays, exterior nurseries associated with a building, and other uses where the business is not conducted entirely within a structure. Sidewalk cafés within the public right-of-way and sidewalk cafés are subject to the requirements in Section 17.22.210 (Sidewalk Café).
17.68.1480 Outdoor Retail Sales, Temporary. Temporary outdoor retail sales means temporary outdoor retail operations including: farmer's markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way. Vendors operating within the public
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right-of-way and are subject to the provisions of Section 17.22.160 (Outdoor Merchandise Display and Activity), the city of Hollister Municipal Code and applicable state and federal regulations.
17.68.1490 Overlay District. An overlay district means a certain portion of the city wherein regulations relating to specific environmental, physical, or other characteristics (e.g., locational, economic, historical) are imposed in addition to those of the base district covering the land in question.
17.68.1500 Paper Products Production. Paper products production means the manufacture of paper and paperboard (both from raw and recycled materials), and their conversion into products including paper bags, boxes, and envelopes. Also includes building paper and building board mills.
17.68.1510 Parcel. See "Lot."
17.68.1520 Paving and Roofing Materials Production. Paving and roofing materials production means the manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar.
17.68.1530 Pawn Shop. A pawn shop means a retail establishment whose business is lending money for property deposited at the shop, which remains at the shop until the property is redeemed or sold to another individual. The sale or lending of money for firearms is not permitted within this use type.
17.68.1540 Person. A person means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
17.68.1550 Personal Improvement Services. A personal improvement service means services or facilities including, but not limited to, music or photography lessons, cooking schools, driving schools (excludes truck driving schools), and diet centers.
17.68.1560 Personal Services. A personal service means establishments providing nonmedically related services, including beauty and barber shops; esthetician (no medical services), shoe repair shops; tanning salons; laundromats; manicurists; and dry cleaning pick-up stores. These uses may also include accessory retail sales of products related to the services provided.
17.68.1570 Pipelines and Utility Lines. Pipelines and utility lines means transportation facilities for the conveyance of: storm water, wastewater, water and crude petroleum; refined petroleum products including gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, and surge and storage tanks. Does not include offices or service centers (classified under "Offices"), distribution substations (classified under "Public Utility Facilities"), or power plants.
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17.68.1580 Planned Development. A planned development is a development defined by Section 1351(k) of the Civil Code, a development (other than a community apartment project, condominium or stock cooperative) having either or both of the following features: (1) The common area is owned either by an association, or in common by the owners of the separate interests; (2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned lot, parcel, or area in compliance with Section 1367 of the Civil Code.
17.68.1590 Planning Commission. Planning Commission means the Planning Commission of the city of Hollister.
17.68.1600 Plastics and Rubber Products Production. Plastic and rubber products production means the manufacture of rubber products including: t ires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobile Home, Vehicle and Supplies Sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.
17.68.1610 Primary Zoning District. A primary zoning district means the residential, commercial, industrial or special use zoning district to which an overlay zone may be applied.
17.68.1620 Printing and Publishing, Limited. Limited printing and publishing means establishments engaged in “quick printing” services including copy services, newsletters, posters, photographs, architectural or engineering plans, brochures, and forms.
17.68.1630 Printing and Publishing, Unlimited. Unlimited printing and publishing shall mean large-scale commercial printers who engage in the publishing, printing, or binding of newspapers, books, magazines, large print banner signs, direct mailers, and other uses deemed similar by the Community Development Director.
17.68.1640 Private Parking Facilities. A private parking facility means a facility where users are charged a fee for parking vehicles for a set period of time.
17.68.1650 Public Road. A public road means a street or highway owned and maintained by the city or the state.
17.68.1660 Public Safety and Utility Facilities. Public safety and utility facilities includes the following:
1. Public Safety Facilities means facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
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2. Public Utility Facilities means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching, telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.
3. Public Utility Service Yards means a facility owner and operated by a public utility company for the purpose of storage of vehicles and materials related to the maintenance, repair or construction of utilities. These uses may also include ancillary offices or a dispatch center.
17.68.1670 Recreational Vehicle (RV). A recreational vehicle means motor home, travel trailer, truck camper, or camping trailer, with or without motor power, originally designed for temporary human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
1. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.
2. It contains 400 square feet or less of gross area measured at maximum horizontal projections.
3. It is built on a single chassis.
4. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.
17.68.1680 Recreational Vehicle Park. A recreational vehicle park means a facility where people with a recreational vehicle (RV) can stay overnight in allotted spaces.
Recreational vehicle parks allow for temporary stays of less than 30 days. Longer stays are allowed in Mobile Home Parks.
17.68.1690 Recreation Facility. Recreational facility means an area or space within a project (exclusive of any required setback areas) to be used exclusively for leisure and recreation purposes by occupants of units in a project and their guests. Accessory structures such as swimming pools and recreation buildings shall constitute recreation facilities.
17.68.1700 Recycling Facility. Recycling facility means a facility that accepts reusable material including metals glass, plastic, concrete, paper and organic material. Recycling facilities do not include the donations of other goods intended for resale or charitable purposes and includes the following:
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1. Recycling Facilities, Major includes the following:
a. Greenwaste Facilities which means a center that accepts yard and other organic materials and reprocess into compost and other products.
b. Processing Facility which means a structure or enclosed space used for the collection and processing of recyclable materials and certified as a recycling facility by the State of California.
2. Recycling Facilities, Minor includes the following, but does not include donation stations or facilities for the donation of goods for resale or charity:
a. Reverse Vending Machine(s) which means a machine or device that accepts beverage or other containers and provide a refund in return. b. Small Collection Facilities which means a recycling facility which occupy an area of 350 square feet or less and may include:
i. Mobile Unit which means a self contained system designed to accept recycled materials for processing at another location, ii. Bulk Reverse Vending Machines which means a a grouping of reverse vending machines occupying more than 50 square feet, and
iii. Kiosk Unit means a kiosk, which may include permanent structures, which accepts goods and/or materials for recycling or donation.
17.68.1710 Religious Assembly. Religious assembly means any religious organization facility operated for worship or promotion of religious activities, including churches and religious Sunday-type schools; and accessory uses on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the church itself, excluding other establishments maintained by religious organizations such as full-time educational institutions, hospitals and other potentially related operations (i.e., a recreational camp).
17.68.1720 Repair and Maintenance—Consumer Products. Consumer products repair and maintenance means service establishments where re pair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under "Personal Services").
Does not include businesses serving the repair needs of heavy equipment, which are included under "Business Support Services."
17.68.1730 Research and Development (R&D). Research and development means facilities for research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same
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site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under "Business Support Services," or medical laboratories, which are included under "Medical Services—Clinics and Labs."
17.68.1740 Residential Accessory Uses and Structures. Residential accessory uses and structures means includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use.
These uses include accessory structures (swimming pools, spas and hot tubs, workshops, studios, greenhouses, garages and similar structures).
17.68.1750 Residential Dwelling or Residential Dwelling Unit. A residential dwelling or dwelling unit means a self-contained living space consisting of a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping u nit, occupied by or intended for one household on a long-term basis, not including a motel, hotel, bed and breakfast or boarding house. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC).
17.68.1760 Residential Development. A residential development means a site that contains one or more residential dwelling units and includes any of the following types:
1. Apartments means a group of two or more individual dwelling units set on one lot that is owned by a single individual or corporation and rented to individuals and/or families. The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met. The units may also b e contained within one or more individual structures on the same lot. An individual unit that is part of a development may be referred to in the singular as an Apartment or Apartment Unit.
2. Condominiums as defined in Section 783 of the California Civil Code, means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access, and if necessary, support. An individual unit that is part of a development may be referred to in the singular as a Condominium or Condominium Unit.
3. Duets means a pair of individual dwelling units within one residential structure, each with its own entrance, which share a common wall from ground to ceiling set along a property line with each unit located on a separate lot.
4. Duplex means a singular residential structure containing two (2) individual dwelling units, each with its own entrance.
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5. Fourplex means a singular residential structure containing four (4) individual dwelling units, each with its own entrance.
6. Multi-Family includes duplexes, triplexes, fourplexes, apartments, residential condominiums, and boarding houses. Excludes 'single-family attached' dwelling units and 'Duets'. A residence with an accessory dwelling unit authorized by Chapter 17.32 (Accessory Dwelling Units) of this title shall not be considered multifamily housing.
7. Single-Family Attached means a group of three or more individual dwelling units contained within a single residential structure which share common walls from ground to ceiling along the side property lines; sometimes called a townhouse or row house. Typically, those units in the middle of a row shall have a zero lot line common wall with a unit on either side; and those units on either end of the row of townhomes shall have one common wall at zero lot line and the required setback of the zoning district on the other. Excludes 'Duets'.
8. Single-Family Detached means a dwelling, set on a separate lot, which shares no common walls with another house or dwelling.
9. Triplex means a singular residential structure containing three (3) individual dwelling units, each with its own entrance.
17.68.1770 Restaurant. Restaurant means a retail business selling food and beverages prepared on the site, where customers are able to consume the products on -premise even if products are purchased to be consumed off site.
17.68.1780 Restaurant with Drive-In or Drive-Thru. A restaurant with a drive-in or drive-thru means a restaurant where one can be served without leaving their car.
17.68.1790 Retail. Retail sales means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to artist supplies, auto parts, books, sports equipment, clothing and accessories, grocery stores, pet supply stores, toys and games, florists, specialty shops, convenience stores, handicraft items, and other goods deemed to be similar by the Community Development Director.
17.68.1800 Roadside Stands. Roadside stands means stands for agricultural products means accessory open structures not more than 400 square feet, 20 feet deep and 15 feet high for the retail sale of agricultural products (except hay, grain and feed sales included under "Farm Equipment and Supplies") located on the site or in the area of the property where the products being sold were grown. Does not include field sales or agricultural products, which is included under "Crop Production."
17.68.1810 Rooming House and Boarding House. A rooming or boarding house means the renting of individual bedrooms within a dwelling to one or more persons whether or not meals are provided generally a rooming house provides meals.
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17.68.1820 Schools—College and University. College and University schools means community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.
17.68.1830 Schools – Primary. Primary schools means all public and private schools serving children from Transitional Kindergarten through sixth grade Primary schools can include before and after school care for the students served by the school.”
17.68.1840 Schools – Secondary. Secondary schools means public and private middle, junior high and high school serving children from , 6th-12th grades. Secondary schools also includes boarding schools and academies.
17.68.1850 Schools – Specialized Aviation Education and Training. Specialized aviation education and training schools means schools dedicated to flight, navigation, and repair and/or maintenance of aircraft.
17.68.1860 Schools – Specialized Education and Training. Specialized education and training schools means schools or establishments, where students primarily learn in a classroom, and provide single day classes, seminars, or long term educational services for topics including business, beauty, secretarial, educational services (such as restaurant or service training, drafting, computers, programming, language, finance, health careers, public speaking, management, drivers education classes), personal growth (including cooking, time management, health, self-improvement) and the arts (drama, art, ceramics, painting, sculpture). Minor Specialized education and training schools are those that have no more than 15 participants and two instructors at one time and where adequate parking is provided as required by Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards, and as determined by the Director. Major specialized education and training schools are those that have more than 16 students or 2 instructors or are unable to provide adequate parking.”
17.68.1870 Schools-Vocational and Trade. Vocational and trade schools means schools with provide specialized training related to a job or career and includes programs that provide training essential to job functions, licensing, certificates or required continuing education services to instruct students in specific fields related to construction (such as engineering, installation, carpenter, plumbing, electrical, welding or installation methods), repairs (such as automotive, airplane, HVAC), woodworki ng, furniture or cabinet making, or manufacturing.
17.68.1880 Scrap and Dismantling Yards. Scrap and dismantling yards means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles. Does not include: places where these activities are conducted entirely within structures; pawn shops and other secondhand stores; the sale of operative used cars; or terminal waste disposal sites.
17.68.1890 Secondhand Stores. Secondhand stores means indoor retail establishments that buy and sell used products, including but not limited to books,
Ordinance No. XXXX
clothing, furniture and household goods. The sale of cars and other used vehicles is included under "Auto, Mobile Home, Vehicle and Parts Sales."
17.68.1900 Senior Housing. Senior housing means housing that is available only to seniors, in accordance with state and federal housing laws and guidelines.
17.68.1910 Setback Line. A setback line means a line established by this title to govern the placement of buildings or structures with respect to lot lines, street or alleys.
17.68.1920 Shipping Container. A shipping container means a receptacle designed to transport materials over long distances using multi-modal transport such as ships, railroad cars, and trucks. The receptacles are typically constructed of corrugated steel and are eight feet in width and 20 feet in length or larger.
17.68.1930 Shopping Center. A shopping center means a group of commercial establishments designed, built and managed as a unit with ownership under one entity with reciprocal parking and access agreements across all property lines.
17.68.1940 Sidewalk Vending. Sidewalk vending means a person selling of food or merchandise from non-motorized conveyances such as pushcarts, stands, tables, pedal-driven carts or directly from a person public sidewalks and public pedestrian paths in accordance with Senate Bill 945 (effective January 1, 2019) or as may be amended.
17.68.1950 Site. Site means a lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.
17.68.1960 Stock Cooperative. A stock cooperative means a development defined by Section 11003.2 of the Business and Professions Code and Section 1351(m) of the Civil Code, where a corporation is formed to hold title to improved real property and the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property.
17.68.1970 Stone and Cut Stone Products Manufacturing. Stone and cut stone products manufacturing means establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.
17.68.1980 Storage. Storage is a place where goods, materials, and/or personal property is placed for more than 24 hours and includes the following.
1. Storage, Accessory means the indoor storage of various materials on a site where the principal use is not storage, where the storage supports the activities or conduct of the principal use. Includes the storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use.
2. Storage, Outdoor means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Ordinance No. XXXX
3. Storage, Personal means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented or owned as individual storage spaces. This use type does not include the outdoor storage of vehicles or recreational vehicles, see Vehicle related Sales and Services.
17.68.1990 Story. Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor ab ove it, then the space between the floor and the ceiling next above it.
17.68.2000 Street. Street means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined herein.
17.68.2010 Structure. Structure means anything constructed or erected, the use of which requires location on or in the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings."
17.68.2020 Structural Alteration. Structural alteration means any construction, reconstruction, alteration, demolition, removal of, or additions to, the supporting members of a building or structure, including, but not limited to, bearing walls, columns, beams, girders, rafters, or joists.
17.68.2030 Structural Clay and Pottery Products Manufacturing. Structural clay and pottery products manufacturing means establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Handicraft Industries and Small Scale Manufacturing" or "Home Occupations."
17.68.2040 Supportive Housing. Supportive housing means housing with no limit on length of stay that is occupied by the target population and is linked to on or off-site services to support the residents in retaining housing, improving their health and maximizing their ability (when possible) to live and work in the community.
17.68.2050 Tasting Rooms. Tasting rooms means an establishment that sells wine on behalf of one or more wineries and allows customers to taste the wine for sale as a regular part of the business.
17.68.2060 Tattoo or Body Piercing Parlors. Tattoo or body piercing parlors means an establishment where tattooing or body piercing is carried out by a professional.
17.68.2070 Telecommunication Facility. Telecommunication facility means those facilities described in the Telecommunications Facilities section of the Zoning Ordinance.
17.68.2080 Textile and Leather Products Manufacturing. Textile and leather products manufacturing means establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from
Ordinance No. XXXX
yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing.
17.68.2090 Theaters, Assembly, and Meeting Halls. Theaters, assembly and meeting halls means indoor facilities for public assembly and group entertainment, other than sporting events, including: public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under t he definition of "Sport Facilities and Outdoor Public Assembly."
17.68.2100 Transit Stations and Terminals. Transit stations and terminals means passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system.
Includes buses, taxis, railway, etc.
17.68.2110 Transitional Housing. Transitional housing means temporary housing (typically for 24 months), with supportive services, to facilitate movement to permanent housing for persons with low income who may have one or more disabilities, and may include adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans, and homeless people.
17.68.2120 Trailer and Camp Trailer. Trailer and camp trailer means any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters (i.e., camp trailer) or the conduct of any business, trade or occupation or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as conveyance on highways and streets, propelled or drawn by other motor power. Camp trailers are considered structures for the purpose of this title when they are parked in a trailer camp or park.
17.68.2130 Trailer Camp and Trailer Park. Trailer camp and trailer park means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers.
17.68.2150 Use, Accessory. Accessory use means a use subordinate and incidental to the principal use of the same building site which does not alter the essential characteristics of the use considered as a whole or as related to other uses permitted in the same district.
17.68.2160 Use, Principal. Principal use means any use which is not specifically defined and listed as an accessory use and which is the primary intended purpose for the building site.
17.68.2170 Yard. Yard means and open space which is unobstructed on a lot and includes the following:
Ordinance No. XXXX
1. Yard, Front means a yard extending across the front of the lot between the side yard lines and measured from the front line of the lot to the nearest line of the building; provided, however, that if any official plan line has been established for the street upon which the lot fronts, the front yard measurement shall be taken from such official plan line to the nearest line of the building.
2. Yard, Rear means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.
3. Yard, Side means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
17.68.2180 Variance. Variance means a permit issued to a landowner to construct a structure or engage in some action not otherwise permitted under the regulations of this title.
17.68.2190 Vehicle and Freight Terminals. Vehicle and freight terminals means transportation establishments furnishing services incidental to transportation including:
freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers. Includes rail, air and motor freight transportation.
17.68.2200 Vehicle Sales and Services. Vehicle sales and services includes the following:
1. Brokerage means an office where a broker arranges for the sale of a vehicle to a customer. Vehicles may not displayed or stored on site except for customer pick-up. The business shall have one dedicated parking space (in addition to the required parking for the office space) for temporary parking of a sold vehicle for pick-up by the customer.
2. Car Wash, Detailing means the washing, waxing, detailing, or cleaning of automobiles or vehicles equal to or less than one-half ton including the use of mechanical automobile washers.
3. Service Station means a retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and repair services incidental to fuel sales. May also include accessory towing and trailer rental services, but not the sale, storage or repair of wrecked o r abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.
4. Vehicle Repair Facility, Major means a place providing a full range of repair and maintenance services for motor vehicles, including any of the following:
a. Cylinder head replacement;
Ordinance No. XXXX
b. Valve grinding or replacement;
c. Clutch replacement;
d. Repair, replace transmission, rear end, rear axles, king pins; e. Body work;
f. Engine, motor or transmission removal;
g. Fuel tank repair;
h. Radiator or heater core repair or replacement;
i. Painting;
j. Repair activities requiring the use of open flame or welding; k. Exhaust system repair;
l. Repair activities requiring entry into the engine block; m. Upholstery; or
n. Any repair activity not listed as minor vehicle repair.
5. Vehicle Repair Facility, Minor means a place performing the following repair and maintenance services for motor vehicles not exceeding a gross vehicle weight of five tons carrying capacity, including any of the following:
a. Tune-ups means major and minor tune-up involving spark plugs, points, condensers, valve adjustments, carburetor overhauls, adjustment of fuel injection systems, fuel pumps, and all necessary filters;
b. Lubrication which means oil changes and filter replacement, transmission and rear end oil changes;
c. Cooling System which includes the replacement of water pumps, heaters, and other hoses; replace thermostats; recharge air conditioners;
d. Drive Train which means the replacement of driveshaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers; e. Brakes which includes removal and replacement shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or discs;
Ordinance No. XXXX
f. Wheels which means the adjustment of steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repairs; g. Electrical which includes battery charging; remove, repair, and replace starters, alternators, generators, and regulators; rewiring of automobile and lights; repair or replacement of gauges; installation of radios; h. Smog Checks; and
6. Fuel System which means the change and repair of fuel lines; replace fuel gauge sending unit.
7. Any activity combining minor and major motor vehicle repairs shall be defined as "Major Vehicle Repair." Excludes any activity that involves welding or an open flame, a paint booth, or repairs that typically require keeping a car for more than one day.
8. Vehicle Sales. Vehicle sales means the sale or rental of automobiles, motorcycles, trucks, and recreational vehicles and includes display areas, incidental storage, and minor repair services (incidental to the sales operations).
9. Vehicle Storage. Vehicle storage means lots for the storage and parking of tow-away and towed vehicles, impound yards, and storage lots for vehicles, trucks, buses, and recreational vehicles. Excludes salvage and wrecking operations. Includes sites where vehicles are stored for rental or leasing.
Does not include dismantling yards (classified in "Recycling, Scrap and Dismantling Yards").
17.68.2210 Warehouse. Warehouse means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are included under "Storage, Personal Storage Facilities;" or warehouse facilities where the primary purpose of storage is for wholesaling and distribution (which is separately defined). Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals").
17.68.2220 Wholesale Bakery. Wholesale bakery means a facility that produces baked goods in large quantities and distributes them to another business such as a farmers’ market, restaurant, hospital, school, grocery store, retails store or similar establishment.
Wholesale bakeries do not include direct retail sales to consumers.
17.68.2230 Wholesaling and Distribution. Wholesaling and distribution means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing,
Ordinance No. XXXX
heating and air conditioning supplies a marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
Section 3. Section 17.02.050(C) is hereby repealed and replaced with the following:
C. Allowable Uses of Land.
1. Non-Permitted Land Uses. A land use not listed in a land use and permit requirements table is not permitted if the use is not listed in the land use table for that zoning district. The use is also not permitted even if listed as a permitted use in one or more other zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.
2. Uses Not Listed in Zoning Ordinance. If a use is proposed that is not specifically listed in any of the land use and permit requirement tables or definitions, the Community Development Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:
a. The use is similar to other uses allowed in the zoning district. b. The density or intensity of the use is similar to other uses in the zoning district.
c. The use is compatible with permitted or conditionally permitted uses in the zoning district.
d. The use will meet the purpose/intent of the zoning district. e. The use is consistent with the goals and policies of the general plan.
f. The use will not be detrimental to the public health, safety, or welfare.
g. The use will comply with all local, state and federal laws.
3. When the Community Development Director determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of th e Zoning Ordinance.
SECTION 4. Section 17.04.020, Residential zone land uses and permit requirements., is hereby repealed in its entirety and replaced with the following:
17.04.020 Residential Zone Land Uses and Permit Requirements
The following Table 17.04-1 identifies the uses of land allowed by this Zoning Ordinance in each residential zone, and the land use permit required to establish each use, in compliance with this chapter. For properties with an overlay, please refer to the zoning designation (not the overlay) for allowable uses.
Ordinance No. XXXX
Table 17.04-1 Residential Land Uses and Permit Requirements Land Use RE R1 R2 R3 R4 R4-
20 OT-
M
OT-
H RWF
Residential Use
Accessory Structures – Less
than 15 feet in height P P P P P P P P P
Accessory Structures – Greater
than 15 feet in height CUP CUP CUP CUP CUP CUP CUP CUP CUP Agricultural Employee Housing
1-4 Employees
5 or More Employees
P
CUP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
Apartments P P P P P P P P P
Condominiums1 NP NP NP P P P P P NP
Duets NP NP NP P P NP P P P
Duplex3 NP P P P P NP P P P
Manufactured Home2 P P P P NP NP P P P
Mobile Home2 P P P P NP NP P P P
Mobile Home Parks P P NP NP NP NP NP NP NP
Accessory Dwelling Unit ADU ADU ADU ADU ADU ADU ADU ADU ADU Single-Family – Attached NP NP NP P P P P P NP
Single-Family – Detached P P NP P NP NP P NP4 P
Triplex, Fourplex NP NP NP P P P P P P
Commercial Uses
Bed and Breakfast Inns NP NP NP NP NP NP CUP CUP NP
Animal Kennels and Boarding CUP NP NP NP NP NP NP NP NP Neighborhood Market CUP CUP CUP CUP CUP CUP CUP CUP NP
Services, Public and Semipublic Uses
Ambulance Services NP NP NP NP NP NP NP NP NP
Clubs and Lodges CUP CUP NP NP NP NP CUP CUP NP
Community Care Facility
6 or Fewer
7 or More
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Cultural Institutions CUP APR NP NP NP NP CUP CUP NP
Child Day Care Centers CUP CUP CUP CUP CUP CUP CUP CUP CUP Family Day Care P P P P P P P P P
Medical Services - Hospital CUP CUP NP NP NP NP NP NP NP Parks and Recreation Facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP Public Utility or Safety Facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP Religious Assembly P P P P P NP P P P
Supportive Housing
6 or Fewer
7 or More
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Transitional Housing
6 or Fewer
7 or More
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Ordinance No. XXXX
Land Use RE R1 R2 R3 R4 R4-
20 OT-
M
OT-
H RWF
Schools
College and University
Primary
Secondary
Specialized Education and
Training
Vocational and Trade
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
NP
CUP
CUP
NP
NP
Telecommunication Facility NP NP NP NP NP NP NP NP NP
Key/Permit Requirements
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or
complete tenant improvements to ensure that the use
complies with applicable federal, state and local
requirements. All new uses require a Zoning Approval
prior to occupancy.
ADU Accessory Dwelling Unit permit.
APR Administrative Permit Review and approval by the
Community Development Director with review by the
Development Review Committee (DRC).
CUP Conditional Use Permit required with review by the
Planning Commission.
NP Not Permitted.
Notes:
(1) See Chapter 16.17 "Conversion of multifamily rental units" for information on condominium conversion requirements.
(2) Manufactured and Mobile homes are required to be on a permanent foundation where the development and must comply with the development standards of the zoning district in which the property is located and the minimum development density identified in the General Plan
(3) On corner lots, an entrance shall be oriented to each street frontage. On interior lots, the unit shall be designed to maintain a single-family residential appearance from the street frontage with access to the second unit, parking and utilities concealed from the street.
(4) An existing single-family home that is the only dwelling on a parcel that was lawfully constructed and involuntarily damaged or destroyed by fire or other calamity may be rebuilt.
SECTION 5. Section 17.06.020, Home Office Zone land uses and permit requirements., is hereby repealed in its entirety and replaced with the following:
Ordinance No. XXXX
17.06.020 Home Office Zone Land Uses and Permit Requirements
The following Table 17.06-1 identifies the uses of land allowed by this Zoning Ordinance in the Home Office Zoning District, and the land use permit required to establish each use in compliance with this chapter.
Table 17.06-1 Home Office District Land Uses and Permit Requirements
Residential Uses
Accessory Dwelling Units ADU
Accessory Structures – Less than 15 feet in height P
Accessory Structures – Greater than 15 feet in height CUP Apartments P
Condominiums P
Duet P
Duplex P
Live Work Unit CUP
Single Family - Attached P
Single Family - Detached P
Triplex, Fourplex P
Retail Uses
Artist Studio CUP
Bed and Breakfast CUP
Beauty Salon and Barber Shops (maximum 2 chairs) APR
Services, Public and Semipublic Uses
Community Care Facility
6 or fewer
7 or more
P
CUP
Child Day Care Center CUP
Family Day Care P
Medical Services – Clinics and Laboratories CUP
Religious Assembly CUP
Transitional Housing
6 or fewer
7 or more
P
CUP
Schools
Primary
Secondary
CUP
CUP
Office Uses
Professional Office APR
Medial Services – Clinics and Laboratories CUP
Handicraft Industries, small scale manufacturing CUP
Ordinance No. XXXX
Key/Permit Requirements
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or
complete tenant improvements to ensure that the use
complies with applicable federal, state and local
requirements. All new uses require a Zoning Approval
prior to occupancy.
ADU Accessory Dwelling Unit permit.
APR Administrative Permit Review and approval by the
Community Development Director with review by the
Development Review Committee (DRC).
CUP Conditional Use Permit required with review by the
Planning Commission.
NP Not Permitted.
SECTION 6. Section 17.08.020, Commercial and Mixed-Use Zone land uses and permit requirements., is hereby repealed in its entirety and replaced with the following:
17.08.020 Commercial and Mixed-Use Zone Land Uses and Permit Requirements The following table identifies the uses of land allowed by this Zoning Ordinance in each commercial and mixed-use zone, and the land use permit required to establish each use, in compliance with this chapter.
Table 17.08-1 Commercial and Mixed-Use Zone Land Uses and Permit Requirements
Land Use CO GC NG DMU NMU WG
Commercial Uses
24 Hour Operations CUP CUP CUP CUP CUP CUP
Adult Entertainment
Establishment NP NP NP NP NP NP
Alcohol Sales (Retail) NP CUP CUP CUP CUP CUP
Ambulance Services CUP CUP CUP CUP CUP CUP
Ancillary Deli or Café CUP P P P P P
Animal Kennels or Boarding NP APR CUP NP CUP CUP
Animal Sales and Services NP APR APR NP P P
Animal Veterinary Clinics and
Hospitals CUP CUP CUP CUP CUP CUP
Artists’ Studios APR P P P P P
Automated Teller Machine APR APR APR APR APR APR
Bail Bonds NP CUP CUP CUP NP NP
Bars and Night Clubs NP CUP CUP CUP CUP CUP
Bed and Breakfast Inns CUP CUP CUP CUP CUP CUP
Ordinance No. XXXX
Land Use CO GC NG DMU NMU WG
Building Material Store
Indoor
Ancillary Outdoor
Storage/Display
NP
NP
P
CUP
P
CUP
P
P
P
CUP
P
CUP
Business Support Services CUP P P P P P
Catering Services NP P P P P P
Commercial Filming P P P P P P
Commercial Recreation
Minor
Major
Outdoor
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
Donation Kiosk NP APR APR NP APR APR
Drive-Thru Service and Sales NP CUP CUP CUP CUP CUP
Equipment Sales, Services,
and Rentals – Indoor NP P P NP P P
Farm Equipment Sales and
Supplies – Indoor NP P P NP P P
Financial Services P P P P P P
Fortunetelling P P NP NP NP NP
Fuel and Ice Dealers NP CUP CUP NP CUP CUP
Funeral Services CUP CUP CUP CUP CUP CUP
Hotels and Motels NP P P CUP CUP CUP
Laundries and Dry-Cleaning
Plants CUP CUP CUP CUP CUP CUP
Laundromat NP P P NP P P
Live Entertainment (Excluding
Adult Entertainment) NP APR APR APR APR APR
Live-Work Units
One to Two Units
Three or More Units
NP
NP
NP
NP
NP
NP
P
CUP
P
CUP
P
CUP
Nursery NP P P P P P
Offices
Business and Professional
Office Parks
P
NP
P
NP
P
P
P
NP
P
NP
P
NP
Pawn Shop NP CUP NP NP CUP NP
Personal Services P P P P P P
Personal Improvement
Services P P P P P P
Printing and Publishing
Limited
Unlimited
APR
NP
P
CUP
P
CUP
P
NP
P
NP
P
CUP
Recreational Vehicle Parks (1) NP NP CUP NP NP NP
Recycling Facilities
Minor
Major
APR
CUP
APR
CUP
APR
CUP
APR
CUP
APR
CUP
APR
CUP
Ordinance No. XXXX
Land Use CO GC NG DMU NMU WG
Repair and Maintenance –
Consumer Products APR APR APR CUP CUP CUP
Research and Development NP NP CUP NP NP CUP
Restaurant
Restaurant
With Drive-Thru or Drive-In
With Outdoor Dining
CUP
NP
NP
P
CUP
APR
P
CUP
APR
P
NP
APR
APR
CUP
APR
APR
CUP
APR
Retail Sales
Indoor
With Outdoor Display
and/or Storage
NP
NP
P
CUP
P
CUP
P
NP
P
CUP
P
CUP
Secondhand or Consignment
Stores NP P NP P P P
Shopping Centers NP P P NP P P
Tattoo or Body Piercing
Parlors P P NP P P P
Wholesale Bakery BP CUP CUP NP NP NP
Vehicle Related Sales and Service
Brokerage P P P P P P
Car Wash, Detailing NP CUP CUP NP CUP CUP
Service Stations NP CUP CUP NP CUP CUP
Vehicle Repair Facility (2,3)
Minor
Major
NP
NP
NP
NP
APR
CUP
NP
NP
NP
NP
CUP
CUP
Vehicle Sales
Indoors
Outdoors
NP
NP
P
NP
P
APR
APR
NP
P
NP
P
NP
Vehicle Storage NP NP NP NP NP NP
Public and Semipublic Uses
Assembly Uses NP CUP CUP CUP CUP CUP
Clubs and Lodges CUP CUP CUP CUP CUP CUP
Cultural Institutions CUP CUP CUP APR APR APR
Day Care APR APR APR APR APR APR
Government Offices P P P P P P
Medical Services
Clinics and Laboratories
Extended Care
Hospital
APR
CUP
NP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
NP
APR
CUP
CUP
APR
CUP
CUP
Park and Recreation Facilities CUP CUP CUP CUP CUP CUP
Public Safety Facilities P P P APR APR APR
Tasting Room NP P P P P P
Residential Uses
Single-Family NP NP NP NP NP NP
Caretaker and Employee
Housing CUP CUP CUP CUP CUP CUP
Ordinance No. XXXX
Land Use CO GC NG DMU NMU WG
Community Care Facility
6 or Fewer
7 or More
NP
NP
NP
NP
NP
NP
P
CUP
P
CUP
P
CUP
Emergency Shelter NP CUP P NP CUP CUP
Mixed-Use Development NP NP NP P P P
Multifamily NP NP NP P P P
Family Day Care NP NP NP P P P
Telecommunications
Telecommunication Facilities See Chapter 17.22
Cannabis Facilities
Cannabis Cultivation NP NP CUP NP NP CUP
Cannabis Delivery NP NP CUP NP NP CUP
Cannabis Dispensary NP NP CUP NP NP CUP
Cannabis Distribution NP NP CUP NP NP CUP
Cannabis Manufacturing NP NP CUP NP NP CUP
Cannabis Nursery NP NP CUP NP NP CUP
Key/Permit Requirements
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements. All new uses require a Zoning Approval prior to occupancy.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC).
CUP Conditional Use Permit required with review by the Planning Commission NP Not Permitted
Notes:
(1) Recreational Vehicle parks shall be sited at least 500 feet from State Highway 25 or San Felipe Road.
(2) Allowed subject to the following requirements:
(a) The automobile repair or alteration of the body or exterior of an automobile use(s) shall be located on an interior lot that does not have frontage on Highway 25 or San Felipe Road or behind buildings that front San Felipe Road.
(b) The operation shall be contained within an enclosed building. Roll-up doors shall be oriented away from public streets and screened from public use area on adjoining properties.
(c) Storage of automobiles for repair or service shall be within an enclosed building or concealed by an attractive masonry garden wall or similar vegetative screen. The use of a cyclone fence with wood slats or barbed wire shall be prohibited.
Ordinance No. XXXX
(d) Visible off-street parking shall be limited to a 20-minute loading zone for customer pick-up/drop off and employee parking.
(e) The facility shall not share a boundary with property located in a Residential Zoning District or a hotel/motel.
(f) The cumulative area of the auto-related uses shall not constitute more than 20 percent of the uses on an interior street or lot ten percent of the uses in the North Gateway Zoning District.
(3) One auto service facility is allowed within that would serve the Wes t Gateway District and surrounding residential land uses will be allowed within the WG district with a conditional use permit with the following standards. The combined auto repair/maintenance use(s) shall be confined to an area not larger than two acres.
(a) In order to establish an attractive entrance to Hollister and avoid an industrial appearance, all vehicles shall be contained within an enclosed building or concealed by an attractive garden wall or similar vegetative screen with the exception of a 20-minute loading zone for customer pick- up/drop and employee parking.
(b) The facility shall not share a boundary with property located in the R1, R - 2, R-3 or R4 District.
(4) A single-family residence lawfully established prior to the effective date of the ordinance codified in this chapter may be reconstructed if the building is involuntarily damaged or partially damaged by a fire or other calamity. The building shall be constructed consistent with the standards in the Old Town Zoning District.
(5) Outdoor vehicles sales shall not be permitted within the Downtown Hollister Historic District or the Monterey Street Historic District.
SECTION 7. Section 17.08.010(D) is hereby repealed and replaced with the following:
D. Mixed Use Districts. Mixed-Use Districts are intended to provide both commercial and residential uses on one property or development to support the needs of the City and ensure that housing is constructed to meet the City’s Regional Housing Needs Assessment and provide a mix of house types for the community. All mixed-use projects are required to provide residential.
SECTION 8. Section 17.10.020, Industrial/Manufacturing Zone Land Uses and Permit Requirements, is hereby repealed and replaced with the following:
17.10.020 Industrial/Manufacturing Zone Land Uses and Permit Requirements The following table identifies the uses of land allowed by this Zoning Ordinance in each industrial zone, and the land use permit required to establish each use, in compliance with this chapter.
Ordinance No. XXXX
Land Use M1 IBP
Manufacturing, Processing and Service Uses
Clothing Factory P P
Concrete, Gypsum and Plaster Products CUP NP
Construction Contractor Storage Yards APR NP
Chemical Plants CUP NP
Food Processing CUP CUP
Glass Products Factory P P
Handicraft Industries, Small-Scale Manufacturing P P
Hazardous Materials or Waste Facilities CUP CUP
Laundries and Dry-Cleaning Plants CUP CUP
Lumber and Wood Products Manufacturing APR1 NP
Metal Fabrication, Machine and Welding Shops P P
Manufacturing P P
Paper Products Production P NP
Paving and Roofing Materials Production CUP NP
Pharmaceuticals P P
Plastics and Rubber Products Production P NP
Printing and Publishing, Limited and Unlimited P P
Recycling – Composting1 CUP CUP
Recycling Facilities
Minor
Major
APR
CUP
APR
CUP
Repair and Maintenance – Consumer Products P P
Research and Development P P
Stone and Cut Stone Products CUP NP
Structural Clay and Pottery Products P P
Storage 1
Accessory, Indoor
Outdoor
Personal Storage Facilities
P
APR
APR
P
APR
APR
Warehouse P CUP
Vehicle Related Sales and Services
Car Wash, Detailing APR CUP
Service Stations CUP CUP
Vehicle Repair Facilities
Minor
Major
APR
APR
APR
APR
Vehicle Sales CUP CUP
Vehicle Storage or Parking CUP CUP
Agricultural, Resource and Open Space Uses
Crop Production P P
Commercial Uses and Services
Ancillary office supplies or copying occupying ten
percent of the first floor area of the industrial building or complex or a maximum of 3,000 sq. ft.
APR APR
Animal Kennels and Boarding P APR
Ordinance No. XXXX
Land Use M1 IBP
Animal Veterinary Clinics and Hospitals P P
Automatic Teller Machines (ATMs) APR APR
Adut Entertainment Establishments CUP CUP
Convenience Store (max. 2,500 sq. ft.) APR APR
Courier and Small Package Delivery Service P P
Commercial uses allowed in the General Commercial
and North Gateway Zoning Districts (see Chapter
17.08)
CUP CUP
Professional Offices CUP CUP
Ancillary café or deli (10% of the first floor area of the industrial building or complex or a maximum of 3,000
sq. ft.)
APR APR
Public and Semipublic Uses
Auditorium NP CUP
Assembly Uses CUP CUP
Child Day Care Center
1-14 Children
15 or More Children2
APR
CUP
APR
CUP
Emergency Shelter CUP NP
Commercial Recreation
Minor
Major
Outdoor
APR
CUP
CUP
APR
CUP
CUP
Cultural Institutions CUP CUP
Parks, Playgrounds, Golf Courses CUP CUP
Public Utility or Safety Facilities CUP CUP
Religious Assembly NP CUP
Schools – Vocational and Trade CUP CUP
Trails and Bike Paths CUP CUP
Theatres, Assembly and Meeting Halls NP CUP
Residential
Caretaker and Employee Housing APR APR
Transportation and Communication
Telecommunication Facilities3 CUP CUP
Transit Stations and Terminals CUP CUP
Cannabis Facilities
Cannabis Cultivation CUP CUP
Cannabis Delivery CUP CUP
Cannabis Dispensary CUP CUP
Cannabis Distribution CUP CUP
Cannabis Manufacturing CUP CUP
Cannabis Nursery CUP CUP
Cannabis Testing CUP CUP
Ordinance No. XXXX
Key/Permit Requirements
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements. All new uses require a Zoning Approval prior to occupancy.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC).
CUP Conditional Use Permit required with review by the Planning Commission
NP Not Permitted
Notes:
(1) Outdoor storage of materials and personal storage facilities must be located at least 500 feet from State Highway 25 or San Felipe Road. (2) Childcare centers with 15 or more children are not permitted in the Airport Safety Overlay zones - Runway Protection, Inner Safety, Outer Safety and Traffic Pattern Zone.
(3) In order to avoid interference with aircraft, antennas for telecommunications facilities shall be prohibited within the Hollister Municipal Airport Influence Area on the most currently adopted Hollister Municipal Airport Comprehensive Land Use Plan. See Chapter 17.22 Article II Telecommunication Facilities for standards and application submittal requirements.
SECTION 9. Section 17.12.020, Land Uses and Permit Requirements for the Airport District., is hereby repealed in its entirety and replaced with the following:
17.12.020 Land Uses and Permit Requirements for the Airport District
The following table identifies the uses of land allowed by this Zoning Ordinance in the Airport Zoning District, and the land use permit required to establish each use, in compliance with this chapter.
Table 17.12-1 Airport Zone Districts Land Use and Permit Requirements
Land Use Airport
District
Agricultural, Resource and Open Space Uses
Crop Production P
Aviation Related Uses
Aircraft Chartering and Leasing P
Air Cargo Facilities P
Air Freight Terminal CUP
Aircraft Parking, Tie-Down and Aircraft Hangars or Shelters P Aircraft Sales P
Ordinance No. XXXX
Aircraft Manufacturing P
Aircraft Repair or Services P
Aircraft Research and Design P
Airport P
Auto Rentals CUP
Commercial and industrial uses incidental to and in support of Hollister Municipal Airport subject to the requirements of the applicable General Commercial or Light Industrial Zoning District
CUP
Aircraft Fuel Facility P
Hang Gliding NP
Cultural Institutions (related to Aviation) APR
Public Safety Facilities P
Private Parking Facilities CUP
Public gatherings in conjunction with an airport-related activity sponsored or approved by the Hollister Municipal Airport
MTUP
Schools – Specialized Aviation Education and Training APR Commercial Uses and Services
Ancillary office supplies or copying occupying ten percent of the first floor area of the industrial building or complex or a maximum of 3,000 square feet
APR
Automatic Teller Machines (ATMs) APR
Convenience Store (maximum 2,500 sq. ft.) CUP
Courier and Small Package Delivery Service P
Ancillary Café or Deli (less than 5,000 sq. ft.) APR
Residential Uses
Caretaker and Employee Housing CUP
Key/Permit Requirements
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements. All new uses require a Zoning Approval prior to occupancy.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC).
CUP Conditional Use Permit required with review by the Planning Commission
MTUP Major Temporary Use Permit
NP Not Permitted
SECTION 10. Section 17.12.030, Land Use and Permit Requirements for the Airport (AS) Zoning District, is hereby repealed in its entirety and replaced with the following:
17.12.030 Land Use and Permit Requirements for the Airport Support Zoning District
Ordinance No. XXXX
The following table identifies the uses of land allowed by this Zoning Ordinance in the Airport Support Zoning District. For projects that include direct access to the airport, a separate Access Approval is required (see Chapter 8.28 of the Municipal Code).
Table 17.12-2 Airport Support District Land Use and Permit Requirements
Land Uses Airport
Support
Agricultural, Resource and Open Space Uses
Crop Production P
Manufacturing and Processing Uses
Industrial uses permitted in the IBP Zoning District and subject to the requirements of the Industrial Business Park Zoning District P Aircraft Manufacturing P
Air Freight Terminal CUP
Aircraft Fuel Facilities NP
Aircraft Parking, Incidental to Business Use P
Aircraft Parking, Hangers Soley for Storage NP
Aircraft Sales CUP
Aircraft Repair or Services CUP
Aircraft Research and Design or Testing P
Aircraft Manufacturing CUP
Wholesale Aircraft and Parts Distribution P
Public and Semipublic Uses
Cemeteries, Columbarium and Mortuaries NP
City Government Offices and Facilities P
Cultural Institutions Related to Aviation CUP
Day Cares NP
Health/Fitness Clubs CUP
Medical Services-Hospital NP
Parks, Playgrounds, Golf Courses CUP
Public Safety Facilities CUP
Public Utility Facilities CUP
Schools – Specialized Aviation Education and Training CUP Schools – Other NP
Telecommunication Facilities NP
Trails, Bike Paths CUP
Commercial Uses
Animal Kennels or Boarding CUP
Automatic Teller Machines (ATMs) APR
Auto Rentals P
Bars and Drinking Places CUP
Convenience Store (maximum 2,500 sq. ft.) APR
Hotels or Motels CUP
Professional Offices P
Ordinance No. XXXX
Restaurants P
Storage, Outdoor NP
Cannabis Facilities
Cannabis Cultivation CUP
Cannabis Delivery CUP
Cannabis Dispensary CUP
Cannabis Distribution CUP
Cannabis Manufacturing CUP
Cannabis Nursery CUP
Cannabis Testing CUP
Key/Permit Requirements
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements. All new uses require a Zoning Approval prior to occupancy.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC).
CUP Conditional Use Permit required with review by the Planning Commission
NP Not Permitted
SECTION 11. Section 17.12.050, Special purpose land use and permit requirements for open space, park and public facility., is hereby repealed in its entirety and replaced with the following:
17.12.050 Special Purpose Land Use and Permit Requirements for Open Space, Park, and Public Facilities/Institutional
The following table identifies the uses of land allowed by this Zoning Ordinance in the Open Space (OS), Park (P), and Public Facilities/Institutional (PF) Zoning Districts.
Table 17.12-3 Open Space, Park, and Public Facilities/Institutional Zone Districts Land Use and Permit Requirements
Land Use OS P PF
Agricultural, Resource and Open Space Uses
Crop Production P P P
Manufacturing and Processing Uses
Recycling – Minor NP P P
Public and Semipublic Uses
Assembly NP CUP CUP
City Government Offices and Facilities NP P P
Clubs and Lodges CUP CUP CUP
Ordinance No. XXXX
Cemeteries, Columbarium and Mortuaries NP CUP CUP
Community Centers CUP CUP P
Commercial Recreation –
Minor
Major
Outdoor
NP
NP
NP
NP
NP
NP
CUP
CUP
CUP
Cultural Institutions NP CUP CUP
Day Care NP CUP CUP
Medical Services – Hospital NP NP P
Parks, Playgrounds, and Golf Courses (Public) CUP P P
Public Safety Facilities CUP CUP CUP
Public Utility Facilities CUP CUP CUP
Schools
College and University
Primary
Secondary
Specialized Education and Training
Vocational and Trade
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Trails and Bike Paths NP CUP CUP
Residential
Agricultural Employee Housing CUP CUP CUP
Caretaker and Employee Housing CUP CUP CUP
Commercial
Animal Kennels and Boarding CUP NP NP
Automatic Teller Machines (ATMs) NP APR APR
Storage, Outdoor CUP NP NP
Warehousing NP NP P
Transportation and Communications
Airport NP NP CUP
Telecommunication Facilities1 NP CUP CUP
Pipelines and Utility Lines P P P
Transit Stations and Terminals NP CUP CUP
Notes:
(1) A communication facility may be permitted with a conditional use permit in a Public Facility Zoning District where it is located not less than 500 feet from a public school or a residential zoning district or residential general plan land use designation.
SECTION 12. Section 17.24.070(D) is hereby repealed and replaced with:
D. Notice of Proposed Project Notification Sign. For all projects that require review of a Conditional Use Permit, Site and Architectural Review, Minor Subdivision, Tentative Map, Planned Unit Development, Pre-zone, Annexation, Variance, General Plan Amendment, or Re-zoning, the applicant shall install a sign or signs on each site of the proposed project in accordance with the City’s requirements.
Upon notification by staff, a project notification form shall be installed in accordance with the City’s regulations within 30 days. No application shall be
Ordinance No. XXXX
deemed complete until the project notification sign is installed.
SECTION 13. Section 17.26.030, Definitions, [the definition of Accessory dwelling unit (ADU)] is amended as follows:
Accessory dwelling unit (ADU) shall have the same meaning as defined unde r Section 66313 of the Government Code and shall mean an attached or detached residential dwelling that provide complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family dwelling.
SECTION 14. Amend Section 17.34.020, Definitions, (the definition of Mixed-use development) of Chapter 17.34, Density Bonus, to state:
Mixed-use development shall mean a development that includes residential as well as commercial, office or industrial uses. Base density in a mixed -use development shall be calculated by using the dwelling units per acre identified in the General Plan.
SECTION 15. Amend Section 17.34.020, Definitions, (the definition of Senior housing development) of Chapter 17.34, Density Bonus, to state:
Senior housing development means a residential development, mobile home park, shared housing or residential care facility for the elderly (Health and Safety Code Section 1569.2) that is constructed or substantially renovated for senior citizens aged fifty-five (55) years or older.
SECTION 16. Repeal Section 17.34.030(A) of Chapter 17.34, Density Bonus, and replace with:
A. Resident Requirements. A housing development proposed to qualify for a Density Bonus shall be designed and constructed so that it includes at least one of the following:
1. Ten percent (10%) of the total number of units in a housing development, including shared housing, for rental or sale for lower-income households, as defined in Health and Safety Code Section 50079.5;
2. Five percent (5%) of the total number of units in a housing development, including shared housing, for rental or sale for very low-income households, as defined in Health and Safety Code Section 50105;
3. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 and 799.5;
4. Ten percent (10%) of the total number of units in a housing development, in a common interest development as defined in Civil Code Section 4100,
Ordinance No. XXXX
are sold to persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;
5. Ten percent (10%) of the total number of units in a housing development of housing for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the fede ral McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), where such units are subject to a recorded affordability restriction of fifty-five (55) years and provided at the same affordability level as very low income units;
6. Twenty percent (20%) of the total number of units in a housing development, for lower income students and made available at an affordable rent in an exclusively student housing development, as specified in Government Code Section 65915(b)(1)(F), where such units are subject to a recorded affordability restriction of fifty-five (55) years and priority is given to students experiencing homelessness; or
7. One hundred percent (100%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of the units in the development, including total units and Density Bonus Units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
Section 17. Repeal Section 17.34.060(C), inclusive of Table 17.34-5, of Chapter 17.34, Density Bonus, and replace with:
C. Number of Incentives. The applicant shall receive the following number of incentives or concessions:
1. One Incentive or Concession. One incentive or concession for a project that includes at least ten percent (10%) of the total units for lower -income households, at least five percent (5%) for very low-income households, at least ten percent (10%) for persons and families of moderate income in a common interest development, or developments that include at least twenty percent (20%) of the total units for lower income students in a student housing development.
2. Two (2) Incentives or Concessions. Two (2) incentives or concessions for a project that includes at least seventeen percent (17%) of the total units for lower-income households, at least ten percent (10%) for very low -income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.
Ordinance No. XXXX
3. Three (3) Incentives or Concessions. Three (3) incentives or concessions for a project that includes at least twenty-four percent (24%) of the total units for lower-income households, at least fifteen percent (15%) for very low- income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.
4. Four (4) Incentives or Concessions. Four (4) incentives or concessions for a project that includes at least sixteen percent (16%) of the total units for very low-income households or at least forty-five percent (45%) of the total units for moderate income households in a for-sale development.
5. Five (5) Incentives or Concessions. Five (5) incentives or concessions for projects where one hundred percent (100%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
a. If the housing development described in this subsection (C)(4) is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or 33 feet. “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
Table 17.34-5 Incentives or Concessions Summary
Target Group Target Units
Very Low-Income 5% 10% 15% 17% 100%(1)(2)
Low-Income 10% 17% 24% -- 100%(1)(2)
Student Housing Low
Income
20% -- -- -- --
Moderate Income 10% 20% 30% 45% --
Maximum
Incentive/Concession
1 2 3 4 5
(1) Projects in this category may include moderate-income units that comprise up to 20% of the development.
(2) Projects in this category, within one-half (1/2) mile of a major transit stop, shall also receive a height increase of up to three (3) additional stories, or 33 feet.
Ordinance No. XXXX
SECTION 18. 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 19. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 20. 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 October 6, 2025 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on __Adoption Date__ 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
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 __Adoption Date__, 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 __Adoption Date__.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Attachment 2
Chapter 17.34 Density Bonus
17.34.010 - Purpose
As required by Government Code Section 65915, this chapter offers Density Bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 17.04.090 (Eligibility for bonus, incentives, or concessions). This chapter is intended to implement the requirements of Government Code Section 65915 et seq., and the Housing Element of the General Plan. As used in this chapter and when otherwise required by Gover nment Code Section 65915 et seq., “housing development” means a development project for five (5) or more residential units, including a mixed-use development, that meets the requirements of Government Code Section 65915(i).
17.34.020 - Definitions
The following definitions shall apply to this Chapter:
A. Affordable ownership cost means a reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, mortgage insurance, property taxes and property assessments, homeowner's insurance, homeowner's association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed the income limits established under Section 50052.5(b) of the California Health and safety Code.
B. Affordable rent means monthly rent, including a reasonable allowance for garbage collection, water, electricity, gas, and other heating, cooking, and refrigeration fuels, and all mandatory fees charged for use of the property, which does not exceed the income limits established under Section 50053(b) of the California Health and Safety Code.
C. Area median income means the annual median income for San Benito County, adjusted for household size, as published periodically in Title 25, Section 6932, California Code of Regulations, or its successor provision, or as established by the city of Hollister in the event that such median income figures are no longer published periodically in the California Code of Regulations.
D. Applicant shall mean any person, firm, partnership, non-profit, association, joint venture, corporation, or any entity or combination of entities who seeks approval of a permit from the City for a development that incudes residential dwelling units on a parcel within the City which is owned or not owned by the Applicant.
E. Base density or base units shall mean the maximum number of dwelling units per gross acre permitted on the property, as established by the general plan designation of the parcel. When the calculation of density results in a fractional number of units, the
Attachment 2
number of permitted units shall be rounded up to the nearest whole number. When the general plan designation of the property allows for mixed-use development, the base density shall be calculated the same as those properties which are designated only for residential uses.
F. Child care facility means a facility approved and licensed by the State, other than a family day care home, that provides non-medical care on less than a 24-hour basis, including infant centers, preschools, extended day care facilities, and school age children, operated and maintained by the operator or owner. Day care center does not include residential care facilities, residential service facilities, interim housing, or convalescent hospitals/nursing homes.
G. Common Interest Development shall mean a community apartment project, a condominium project, a planned development or a stock cooperative.
H. Concessions means a reduction in site development standards or a modification of zoning code or architectural design requirements, approved of mixed-use zoning or other regulatory incentives or concessions which actually result in cost reductions.
I. Density Bonus means an increase in the number of dwelling units over the otherwise maximum allowable residential density as established in the Land Use Element of the Hollister General Plan and the Zoning Ordinance in accordance with State law and this Chapter.
J. Density Bonus Units means those residential dwelling units approved pursuant to this Chapter, which exceed the otherwise allowable maximum allowable residential density for the development site.
K. Development standard means a site or construction condition, other than density or lot size, including but not limited to: a height limitation, minimum lot size, lot dimensions, setback requirements, lot coverage (except where Floor Area Ratio is used instead of lot coverage), or open space requirement that applies to a residential development pursuant to any ordinance, General Plan Element, Specific Plan, or other City condition, law, policy, resolution, or regulation.
L. First approval means the first of the following approvals to occur with respect to a residential development: Specific Plan, Development Agreement, Planned Unit Development Permit, Tentative Map, Minor Subdivision, Conditional Use Permit, Site Plan Review, or Building Permit.
M. Housing Development means a development project consisting of five or more residential units including mixed-use developments. Housing development also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consistent of residential units or unimproved residential
Attachment 2
lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase of the available residential units.
N. Homeless persons shall have the same meaning as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
O. Incentives means such regulatory incentives as defined in Section 17.30.100, Incentives and Concessions.
P. Lower-income households means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually. Lower-income households includes very low-income households, as defined in Section 50105, and extremely low-income households, as defined in Section 50106.
Q. Lower income student means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
R. Major transit stop shall have the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
S. Maximum allowable residential density means the maximum number of dwelling units permitted for a residential project by the City's Zoning Ordinance and by the Land Use Element of the General Plan on the date that the application for the residential project is deemed complete, excluding any units allowed by a Density Bonus. If the maximum density allowed by the Zoning Ordinance is inconsistent with the density allowed by the Land Use Element of the General Plan, the General Plan density shall prevail.
T. Mixed-use development shall mean a development that includes residential as well as commercial, office or industrial uses.
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U. Moderate-income households means households whose income does not exceed the moderate income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development, adjusted for household size.
V. Non-restricted units means all dwelling units within a residential development except the target units.
W. Residential development means a development project of five or more dwelling units and includes a subdivision or common interest development.
X. Shared housing building shall mean a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents.
A shared housing building may include other dwelling units that are not shared housin g units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.
Y. Shared housing unit shall mean one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.
Z. Senior housing development means a residential development, mobile home park, shared housing, or residential care facility for the elderly (Health and Safety Code Section 1569.2) that has a minimum of 35 dwelling units and that is constructed or substantially renovated for senior citizens aged fifty-five (55) years or older.
AA. Specific adverse impact means a significant, quantifiable, direct and unavoidable impact based on objective and identified written public health or safety standards, policies or conditions as they existed on the date that the application for the housing development was deemed complete as defined by Section 65589.5 of the Government Code.
BB. State Density Bonus Law means the State of California Government Code Section 65915 as may be amended.
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CC. Student Housing Development shall mean a housing development use exclusively for undergraduate, graduate, or professional student enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior colleges. Student housing development means a housing development which is used exclusively for undergraduate, graduate, or processional students enrolled full time at an institution of higher education accredited by the Wester Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. A minimum of twenty (20) percent of the units (rental beds) must be reserved for lower income students to qualify and the rent for the affordable units must be calculated at 30 percent of 65 percent of the area medium income for single-room occupancy unit type in accordance with Government Code Section 65915(b)(1)(F)(i).
DD. Target unit means a dwelling unit within a housing development that is reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to:
very-low, lower, or moderate-income households, or is a dwelling unit in a senior housing development, and which qualifies the residential development for a Density Bonus and other incentives or concessions pursuant to Section 17.04.080 (State Density Bonuses for Construction of Affordable and Senior Housing) of this Article.
EE. Very-low income households means households whose income does not exceed the very- low income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its succ essor provision) by the California Department of Housing and Community Development, adjusted for household size.
17.34.030 - Eligibility for Bonus, Incentives, or Concessions
To be eligible for a Density Bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of Hollister Municipal Code, except as provided by Section
17.34.060 (Allowed Incentives or Concessions).
A. Resident Requirements. A housing development proposed to qualify for a Density Bonus shall be designed and constructed so that it includes at least one of the following:
1. Ten percent (10%) of the total number of proposed pre-Density Bonus, base units units in a housing development, including shared housing, for rental or sale are for lower-income households, as defined in Health and Safety Code Section 50079.5;
2. Five percent (5%) of the total number of proposed pre-Density Bonus, base units units in a housing development, including shared housing, for rental or sale are
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for very low-income households, as defined in Health and Safety Code Section 50105;
3. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 and 799.5;
4. Ten percent (10%) of the total number proposed pre-Density Bonus, base units of units in a housing development, are in a common interest development as defined in Civil Code Section 4100, are sold to for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;
5. Ten percent (10%) of the total number of proposed pre-Density Bonus, base units units in a housing development of housing for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), where such units are subject to a recorded affordability restriction of fifty - five (55) years and provided at the same affordability level as very low income units;
6. Twenty percent (20%) of the total number of proposed pre-Density Bonus, base units are units in a housing development, for lower income students and made available at an affordable rent in an exclusively student housing development, as specified in Government Code Section 65915(b)(1)(F), where such units are subject to a recorded affordability restriction of fifty-five (55) years and priority is given to students experiencing homelessness; or
7. One hundred percent (100%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of the units in the development, including total units and Density Bonus Units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
B. Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the Density Bonus in compliance with Section 17.04.100 (Allowed Density Bonuses), the applicant who requests a Density Bonus shall elect whether the bonus shall be awarded on the basis of subsection (A)(1), (2), (3), (4), (5), (6), or (7) of this section. An application submitted pursuant to Section 17.04.160, shall include the number of bonus units requested pursuant to this section.
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C. Bonus Units not Included in Calculation. Except as provided in subsection (A)(7), a Density Bonus granted in compliance with Section 17.04.100 (Allowed Density Bonuses) shall not be included when determining the number of housing units that is equal to the percentages required by subsection A of this section.
D. Minimum Project Size to Qualify for Density Bonus. The Density Bonus provided by this chapter shall be available only to a housing development of five (5) or more dwelling units.
E. Condominium conversion projects. A condominium conversion project for which a Density Bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5.
F. Existing Units; Replacement. When a proposed project affects existing units and/or any other circumstances identified in Government Code section 65915(c)(3) apply, a proposed development must replace the affected units and comply with all other requirements of Government Code section 65915(c)(3), as specified, to be eligible for a Density Bonus or other incentives or concessions.
17.34.040 - Allowed Density Bonuses
The amount of Density Bonus allowed in a housing development shall be determined in compliance with this section.
A. Density Bonus. A housing development that complies with the eligibility requirements in Section 17.30.030(A)(1), (2), (3), (4), (5), (6), or (7) shall be entitled to Density Bonuses as follows, unless a lesser percentage is proposed by the applicant:
1. Bonus for Units for Lower-Income Households. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.04.090(A)(1) (ten percent (10%) of units for lower-income households) shall be entitled to a Density Bonus calculated as follows:
Table 17.34-1: Density Bonus for Low-Income Units
Percentage of
Low-Income
Units
Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
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Percentage of
Low-Income
Units
Percentage Density Bonus
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
2. Bonus for Units for Very Low-Income Households. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.04.090(A)(2) (five percent (5%) of units for very low-income households) shall be entitled to a Density Bonus calculated as follows:
Table 17.34-2: Density Bonus for Very-Low Income Units
Percentage of
Very-Low
Income Units
Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
3. Bonus for Senior Citizen Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.04.090(A)(3) (senior citizen development or mobile home park) shall be entitled to a Density Bonus of twenty percent (20%) of the number of senior housing units.
4. Bonus for Moderate-Income Units in Common Interest Development. A housing development that is eligible for a bonus in compliance with the criteria in Section
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17.04.090(A)(4) (ten percent (10%) of units in a common interest development for persons and families of moderate income) shall be entitled to a Density Bonus calculated as follows:
Table 17.34-3: Density Bonus for for-Sale Moderate-Income Units
Percentage of
Moderate-Income
Units
Percentage Density Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
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Percentage of
Moderate-Income
Units
Percentage Density Bonus
43 46.25
44 50
5. Bonus for Transitional Foster Youth, Disabled Veterans, or Homeless Persons Development. A housing development that is eligible for a bonus in compliance with the criteria in Section 17.04.090(A)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled to a Density Bonus of twenty percent (20%) of the units of the type giving rise to a Density Bonus.
6. Bonus for Lower Income Students in a Student Housing Development. A housing development that is eligible for a bonus in compliance with the criteria in Section
17.04.090(A)(6) (lower income students in student housing) shall be entitled to a Density Bonus of thirty-five percent (35%) of the student housing units.
7. Bonus for Units for Lower-Income and Moderate-Income Households. A housing development that is eligible for a bonus in compliance with the criteria in Section
17.30.030(A)(7) (lower-income and moderate-income households) shall be entitled to a Density Bonus of eighty percent (80%) of the number of units of lower income households.
a. If the housing development described in this subsection (A)(7) is located within one-half mile of a major transit stop, there shall be no maximum controls on density. “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
b. A housing development that receives a waiver from maximum controls on density shall only be eligible for a waiver or reduction of a height increase of up to three additional stories, or 33 feet, as expressly provided in Section 17.04.120(C)(4).
8. Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this subsection, the applicant shall be entitled to a Density Bonus for the entire development, as follows; provided, that nothing in this subsection
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shall be construed to affect the authority of the City to require a developer to donate land as a condition of development.
a. Basic Bonus. The applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zoning district for the entire development, and an additional increase as follows:
Table 17.34-4: Density Bonus for Land Donation
Percentage of
Very Low-Income
Units Proposed
Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
b. Increased Bonus. The increase identified in the table above shall be in addition to any increase in density required by subsections (A)(1) through (7) of this section up to a maximum combined mandated density increase of thirty-five percent (35%) if an applicant seeks both the increase required in compliance with this subsection (A)(8), as well as the bonuses provided by subsections (A)(1) through (7) of this section.
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c. Eligibility for Increased Bonus. An applicant shall be eligible for the increased Density Bonus provided by this subsection if all the following conditions are met:
(1) The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or applicable development review application for the residential development.
(2) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.
(3) The transferred land is at least one acre in size, or of sufficient size to permit development of at least forty (40) units; has the appropriate General Plan land use designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.
(4) No later than the date of approval of the final map, parcel map, or other applicable development review application for the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer.
(5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.04.190 and 17.04.200 (Continued availability), which shall be recorded on the property at the time of dedication.
(6) The land is transferred to the City or to a housing d eveloper approved by the City. The City may require the applicant to identify and transfer the land to the approved housing developer.
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(7) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter (1/4) mile of the boundary of the proposed development, provided that the City Council finds, based on substantial evidence, that off-site donation will provide as much or more affordable housing at the same or even lower income levels, and of the same or superior quality of design and construction, and will otherwise provide greater public benefit, than donating land on site.
(8) No later than the date of approval of the final map, parcel map or other applicable development review application for the residential development, a proposed source of funding for the very low-income units shall be identified.
B. Greater or Lesser Bonuses. The City may choose to grant a Density Bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower Density Bonus than required by this section for a development that does not fully comply with the requirements of this section. The applicant may elect a lesser percentage of density increase than what is provided in this section.
C. Density Bonus Calculations. The calculation of a Density Bonus in compliance with this section that results in fractional units shall be round ed up to the next whole number, as required by State law. For the purpose of calculating a Density Bonus, the residential units do not have to be based upon individual subdivision maps or parcels.
D. Requirements for Amendments or Discretionary Approval. The granting of a Density Bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
E. Location of Bonus Units. The developer may locate Density Bonus Units in the housing project in other than the areas where the units for the lower-income households are located.
17.34.050 - Density Bonus for Affordable Housing on the Site of a Commercial Development
A. An applicant seeking City approval of a commercial development that has entered into an agreement for partnered housing where at least 30 percent of the total units are dedicated to low-income households or at least 15 percent of the total units for very-low income are eligible for a development bonus, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following :
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1. Up to a 20-percent increase in maximum allowable intensity in the General Plan.
2. Up to a 20-percent increase in maximum allowable floor area ratio.
3. Up to a 20-percent increase in maximum height requirements.
4. Up to a 20-percent reduction in minimum parking requirements.
5. Use of a limited-use/limited-application elevator for upper floor accessibility.
6. An exception to a zoning ordinance or other land use regulation.
B. The agreement between the applicant and the housing developer shall identify how the commercial developer will contribute affordable housing and the timeline for construction. The agreement between the applicant and the housing developer shall be approved by the City.
C. Nothing in this Section shall preclude an affordable housing developer from seeking a Density Bonus under Section 17.04.100 (Allowed Density Bonuses). If the developer of the affordable units does not commence with construction of the affordable units as outlined in the agreement between the applicant and the housing developer, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
17.34.060 - Allowed Incentives or Concessions
A. Applicant Request and City Approval.
1. An applicant for a Density Bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions listed in subsection D of this section (Type of incentives) that the applicant requests in compliance with this section. The applicant may file a request either before filing a final application for City approval of a proposed project or concurrently with a final application for project approval. A preliminary application submitted pursuant to Section
17.04.160, or a final application if a preliminary application is not submitted, shall include any incentives, concessions, waivers, or parking reductions requested pursuant to this section.
2. Incentive or concession requests that comply with this section shall be granted unless either of the following findings is made, in writing, and based upon substantial evidence:
a. The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for
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rents for the targeted units to be set as specified in Section 9.26.070(B) (Unit cost requirements); or
b. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low - and moderate-income households.
B. Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.
1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of physically precluding the construction of a development meeting the criteria of Section 17.04.090(A) (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter.
2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that will have the effect of physically precluding the construction of a development meeting the criteria of Section
17.04.090(A) (Resident requirements), at the densities or with the concessions or incentives allowed by this chapter on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. The proposal must identify the specific waiver(s), concession(s), or incentive(s) sought and demonstrate that the request satisfies the requirements of Government Code Section 65915(e).
3. Nothing in this subsection shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or upon any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law..
C. Number of Incentives. The applicant shall receive the following number of incentives or concessions:
1. One Incentive or Concession. One incentive or concession for a project that includes at least ten percent (10%) of the total units for lower-income households, at least five percent (5%) for very low-income households, or at least ten percent (10%) for persons and families of moderate income in a common interest
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development, or developments that include at least twenty percent (20%) of the total units for lower income students in a student housing development.
2. Two (2) Incentives or Concessions. Two (2) incentives or concessions for a project that includes at least seventeen percent (17%) of the total units for lower -income households, at least ten percent (10%) for very low-income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.
3. Three (3) Incentives or Concessions. Three (3) incentives or concessions for a project that includes at least twenty-four percent (24%) of the total units for lower-income households, at least fifteen percent (15%) for very low -income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.
4. Four (4) Incentives or Concessions. Four (4) incentives or concessions for a project that includes at least sixteen percent (16%) of the total units for very low-income households or at least forty-five percent (45%) of the total units for moderate income households in a for-sale development.
5. Five (5) Four (4) Incentives or Concessions. Five (5) Four (4) incentives or concessions for projects where one hundred percent (100%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code Section 50079.5, except that up to twenty percent (20%) of all units in the development, including total units and Density Bonus Units, but exclusive of a manager's unit or units, may be for moderate-income households, as defined in Health and Safety Code Section 50053.
a. If the housing development described in this subsection (C)(4) is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or 33 feet. “Major transit stop” means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, and also includes major transit stops that are included in the applicable regional transportation plan.
Table 17.34-5 Incentives or Concessions Summary
Target Group Target Units
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Very Low-Income 5% 10% 15% 16% 100%(1)(2)
Low-Income 10% 17% 24% -- 100%(1)(2)
Student Housing Low
Income
20% -- -- -- --
Moderate Income 10% 20% 30% 45% --
Maximum
Incentive/Concession
1 2 3 4 5 4
(1) Projects in this category may include moderate-income units that comprise up to 20% of the development.
(2) Projects in this category, within one-half (1/2) mile of a major transit stop, shall also receive a height increase of up to three (3) additional stories, or 33 feet.
D. Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:
1. A reduction in the site development standards of the Hollister Municipal Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also Section 17.04.130 Parking Requirements in Density Bonus Projects), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs and/or rents;
2. Approval of mixed-use land uses not otherwise allowed by the City’s development and zoning ordinances, in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;
3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reducti ons to provide for affordable housing costs and/or rents; and/or
4. In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
E. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
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F. Exceptions. Notwithstanding the provisions of this Chapter, nothing in this section shall be interpreted to require the City to:
1. Grant a Density Bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. Grant a Density Bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
3. Grant a Density Bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would be contrary to state or federal law.
17.34.070 - Parking Requirements in Density Bonus Projects.
A. Applicability. This section applies to a development that meets the requirements of Section 17.04.090 (Eligibility for bonus, incentives, or concessions) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 17.04.120 (Allowed incentives or concessions).
B. Number of Parking Spaces Required.
1. At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section
17.04.090 (Eligibility for bonus, incentives, or concessions), inclusive of handicapped and guest parking:
a. Zero (0) to one bedroom: One on-site parking space.
b. Two (2) to three (3) bedrooms: One and one-half (1-1/2) on-site parking spaces.
c. Four (4) and more bedrooms: Two and one-half (2-1/2) on-site parking spaces.
2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
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Table 17.34–6: Parking Requirements For a Density Bonus Project
Unit Type Required Off-Street Parking Per Unit
Studio 1 Parking Space
1 Bedroom 1 Parking Space
2 Bedrooms 1.5 Parking Spaces
3 Bedrooms 1.5 Parking Spaces
4+ Bedrooms 2.5 Parking Spaces
C. Adjustments to Parking Requirements.
1. If the development includes at least twenty percent (20%) low-income units or at least eleven percent (11%) very low-income units, and the development is located within one-half mile of a major transit stop, as defined in Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the parking ratio, inclusive of handicapped and guest parking, shall not exceed one-half (1/2) spaces per unit.
2. At the request of the applicant, if the development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, no vehicular parking standards will apply:
a. If the development is located within one-half (1/2) mile of a major transit stop, as defined in Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development.
b. If the development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.
c. If the development is either a special needs housing development, as defined in Health and Safety Code Section 51312, or a supportive housing development, as defined in Health and Safety Code Section 50675.14, and the development has either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.
Attachment 2
D. Location of Parking. For purposes of this section, a development may provide on-site parking through uncovered parking, but not through on-street parking.
E. Religious Institution Affiliated Housing Development Projects. The requirements of Government Code section 65913.6 shall apply to any “religious institution affiliated housing development project,” as defined, that proposes to eliminate parking as part of the housing development project. Except as specifically required by Government Code section 65913.6, all other applicable provisions of this Section 17.04.130 and this Chapter 17.04 shall apply to the proposed housing development project.
17.34.080 - Bonus and Incentives for Developments with Child Care Facilities.
A. Housing Developments. A housing development that complies with the resident and project size requirements of Sections 17.04.090(A) and (D), and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements.
1. Additional Bonus and Incentives. The City shall grant a housing development that includes a child care facility in compliance with this section either of the following:
a. An additional Density Bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or
b. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
2. Requirements to Qualify for Additional Bonus and Incentives.
a. The City shall require, as a condition of approving the housing development, that:
(1) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Density Bonus Units are required to remain affordable in compliance with Section 17.04.200 (Continued Affordability and Availability); and
(2) Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are
Attachment 2
required for very low-income households, lower-income
households, or families of moderate income in compliance with Section 17.04.090(A) (Resident requirements).
b. The City shall not be required to provide a Density Bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.
B. Commercial and Industrial Developments. A developer of a commercial or industrial development project, containing at least fifty thousand (50,000) square feet of floor area, may be granted a Density Bonus when that developer agrees to set aside at least two thousand (2,000) square feet of interior floor area and three thousand (3,000) outdoor square footage to be used for a child care facility, other than a large or small family day care home, in compliance with Government Code Section 65917.5 (Commercial Density Bonus).
1. Allowable Density Bonuses. The allowable Density Bonus may be one of the following:
a. A maximum of five (5) square feet of floor area for each one square foot of floor area contained in the child care facility located in an existing child care facility; or
b. A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the child care facility located in a new child care facility.
2. Requirements to qualify for the additional Density Bonus shall include all of the following.
a. For purposes of calculating the allowable Density Bonus under this subsection, both the total area contained within the exterior walls of the child care facility and all outdoor areas devoted to the use of the facility in compliance with applicable State child care licensing requirements shall be considered.
b. The child care facility shall be of a sufficient size to comply with all applicable State licensing requirements in order to accommodate at least forty (40) children.
c. This facility may be located either on the project site or may be located off site as agreed upon by the developer and the City.
Attachment 2
d. If the child care facility is not located on the site of the development project, the City shall determine whether the location of the child care facility is appropriate and whether it complies with the purpose and intent of this section.
e. The granting of a Density Bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5 (Commercial Density Bonus).
17.34.090 - Location and Type of Designated Units
A. Target units shall be constructed concurrently with non -restricted dwelling units or pursuant to a schedule included in the Density Bonus Housing Agreement approved pursuant to Section 17.04.180, Density Bonus Housing Agreement.
B. Single-family detached target units shall be dispersed throughout the residential development. Townhouse, row house, and multifamily target units shall be located so as not to create a geographic concentration of target units within the residential development.
C. Target units shall have the same proportion of dwelling unit types as the market -rate dwelling units in the residential development.
D. The quality of exterior design and overall quality of construction of the target units shall be consistent with the exterior design and quality of construction of the market rate units.
E. The affordable units shall be the same as the unit type of the market rate units within the development.
F. Target units made available for purchase shall include space and connections for a clothes washer and dryer within the dwelling unit. Target units made available for rent shall include either connections for a clothes washer and dryer within the target uni t or sufficient on-site self-serve laundry facilities to meet the needs of all tenants without laundry connections in their dwelling units.
G. The residential development shall comply with all requirements of the Building Code, Fire Code, Housing Code and all other requirements related to the safety of the project.
17.34.100 - Density Bonus Application
Applications for a Density Bonus shall include:
Attachment 2
A. Application Form. The project Applicant shall submit an application on a form prescribed by the City, with all the information listed on the form as part of the request for a Density Bonus.
B. Site Plan. A tentative map and/or site plan, drawn to scale, showing the number and location of all residential units, location and square footage of any commercial space, the location of the affordable units, and the layout of each unit (for single family, duplex and townhouse developments.
C. Design of Project. The Applicant shall submit floor plans and elevations for each unit type, drawn to scale, and noting all colors, materials and exterior design features.
D. Proposed sales price, financing, terms, rental rates or other factors which will make the units affordable.
E. Construction schedule or phasing including the timing of the construction of the affordable dwelling units.
F. Land Donation. If a Density Bonus is requested for a land donation, the location of the land to be dedicated, proof of site control and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.
G. Mixed Use Development. If the Density Bonus request includes a request for a mixed-use development (where mixed-use is not permitted or conditionally permitted by the zoning district in which the property is located), the square footage of the commercial development shall be noted on the site plan.
H. Child Care Facility. If the Density Bonus or incentive/concession is based on the provision of a childcare facility, a written summary addressing all the eligibility requirements in Government Code Section 65915(g) can be met. An application for a Site and Architectural Review to ensure that the facility will be constructed shall be submitted with an application for a Density Bonus.
I. Condominium Conversion. If the Density Bonus or incentive/concession is based on the provision of affordable units as part of a condominium conversion, a written summary addressing the eligibility requirements as described in Government Code Section 65915(h) have been met.
J. Student Housing Development. The Applicant shall provide evidence that the Applicant has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or
Attachment 2
breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
K. Incentives/Concession. If an incentive/concession is requested, above the waiver of lot size granted by this Chapter, the Applicant shall submit the following:
1. The number of incentives/concessions the applicant is eligible for pursuant to State Density Bonus Law.
2. A list of all Development Standards the Applicant is requesting be waived as part of the incentives/concessions for the project.
3. A list of all of the regulatory standards the Applicant is requesting be waived as part of the incentives/concessions for the project.
4. A written description of how the incentive will result in actual cost reductions.
17.34.110 - Review of Density Bonus Application
A. An Application for a Density Bonus shall be considered by and acted upon by the approval body with authority to approve the residential development. The Density Bonus Plan may be ministerially approved or denied pursuant to the findings required by this Chapter. Any decision regarding a Density Bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed in accordance with the requirements of Section 17.24.140 (Appeals) of the Zoning Ordinance.
B. An Application for a Density Bonus shall be approved pursuant to the State Density Bonus Law if the following findings can be made, in addition to the required findings of other permits as part of the project.
1. The residential development meets the requirements of this Article.
2. The proposed project provides the required number of Target Units for the proposed affordability type as listed in Section 17.04.090 (Eligibility for Bonus, Incentives, or Concessions).
3. The Applicant is requesting concessions or incentives that the project is eligible under Section 17.04.120 (Allowed Incentives or Concessions).
C. An application for a Density Bonus may be denied if the following findings are made:
1. The residential development, as proposed, does not meet the requirements of this Article.
Attachment 2
2. The concession or incentive does not result in identifiable and actual cost reductions to provide affordable housing.
3. A concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
4. The concession or incentive would be contrary to state or federal law.
5. The proposed project does not meet the number of Target Units for the affordability type as listed in Section 17.04.090 (Eligibility for Bonus, Incentives, or Concessions).
6. The Applicant is requesting concessions or incentives in an amount greater than the number of incentives or concessions the project is eligible under Section
17.04.120 (Allowed Incentives or Concessions).
D. For projects that include land donation, the findings listed in Section 17.04.100(A)(8)(c)(2) shall also be made.
17.34.120 - Density Bonus Housing Agreement.
A. Agreement Required. An applicant requesting a Density Bonus shall agree to enter into a Density Bonus Agreement (referred to as the “agreement”) with the City in the City’s standard form of agreement.
B. Agreement Provisions.
1. Project Information. The agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income group to be accommodated by the housing development;
c. Duration of the use restrictions for designated dwelling units of the time periods required by Section 17.04.200 (Continued Affordability and Availability);
Attachment 2
d. A schedule for completion and occupancy of the designated dwelling units;
e. A description of the additional incentives and concessions being provided by the City;
f. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and
g. Other provisions to ensure successful implementation and compliance with this chapter.
2. Minimum Requirements. The agreement shall provide, at minimum, that:
a. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;
b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without written notice to the City;
c. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
d. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
e. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including legal services; and
f. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
3. For-Sale Housing Conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
Attachment 2
a. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents;
b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement which:
(1) Restricts the sale of the unit in compliance with this Article, or other applicable City policy or ordinance, during the applicable use restriction period;
(2) Contains provisions as the City may require ensuring continued compliance with this Article and State law; and
(3) Shall be recorded against the parcel containing the designated dwelling unit.
c. The agreement shall include an equity sharing provision, as required by Government Code section 65915(c).
4. Rental Housing Conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governin g the use of designated dwelling units during the applicable restriction period:
a. The tenant qualifications, affordable rent category(ies), and designating dwelling units for qualified tenants;
b. Provisions requiring owners to maintain books and records to demonstrate compliance with this chapter;
c. Provisions requiring owners to submit an annual report to the City demonstrating compliance with this chapter; and
d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.04.200 (Continued Affordability and Availability).
C. Execution of Agreement.
1. Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder’s Office.
Attachment 2
2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the designated dwelling units.
3. The agreement shall be binding on all future owners, developers, and/or successors-in-interest.
17.34.130 - Deed Restriction
A. Residential Units for Rent. Prior to the issuance of a Building Permit, the Applicant shall record a restrictive covenant in the form prescribed by the City, which shall run with the land which contains the following:
1. A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;
2. A prohibition against renting or leasing the units for a period of less than thirty (30) days;
3. A description of the affordability requirements of the Residential Housing Development pursuant to the Density Bonus and Density Bonus Housing Agreement;
4. The number of years the property is subject to affordabilit y as required by the Density Bonus Housing Agreement; and
5. A notation that the property is subject to a Density Bonus and the requirements of a Density Bonus Housing Agreement.
B. Residential Units for Sale. Prior to the issuance of a Building Permit, the Applicant shall record a restrictive covenant in the form prescribed by the City, for each lot which is for sale in the development, which shall run with the land which contains the following:
1. A prohibition on non-residential use of any units, with the exception of Home Occupations approved by the City;
2. A prohibition against renting or leasing the units for a period of less than thirty (30) days;
3. The owner is required to occupy their unit as their principal residence;
4. The restriction on the sale of the affordable unit to another household that meets the affordability requirements of the unit for a period of time required by Section 65915 of the Government Code; and
Attachment 2
5. A notation that the property is subject to a Density Bonus and the requirements of a Density Bonus Housing Agreement.
17.34.140 - Continued Affordability and Availability
The units that qualified the housing development for a Density Bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 17.04.210 (Control of Resale).
A. Duration of Affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the units that qualified the housing development for a Density Bonus and other incentives and concessions, as follows:
1. Low- and Very Low-Income Units. The continued affordability of all low- and very low-income qualifying units shall be maintained for fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance.
2. Moderate-Income Units in Common Interest Development. The continued availability of moderate-income units in a common interest development shall be maintained for a minimum of thirty (30) years, or a longer time if required by City policy or ordinance.
B. Unit Cost Requirements. The rents and owner-occupied costs charged for the housing units in the development that qualify the project for a Density Bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this section:
1. Rental Units. Rents for the lower-income Density Bonus Units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.
a. For housing developments specified in Section 17.04.090(A)(7), rents for all units in the development, including both base density and Density Bonus Units, shall be as follows:
(1) The rent for at least twenty percent (20%) of the units in the development shall be set at an affordable rent, as defined in Health and Safety Code Section 50053.
(2) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing
Attachment 2
development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
2. Owner-Occupied Units. Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
17.34.150 - Control of Resale
To maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply.
A. Limits on Resale Price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director.
B. Units to be Offered to the City. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the City or its assignee for a period of at least ninety (90) days from the date the notice of intent to sell is delivered to the City by the first purchaser or subsequent pu rchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units in compliance with this section.
The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.
C. Declaration of Restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the City the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.
D. City to Monitor Resale of Units. The City may monitor the resale of ownership affordable units. The City or its designee shall have a ninety (90) day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the City for appropriate action.
17.34.160 - Judicial Relief
Attachment 2
A. Judicial Relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested Density Bonus, incentive, or concession.
Attachment 3
Table 17.04-1 Residential Land Uses and Permit Requirements Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)
OT-M OT-H RWF
Residential Uses
Accessory Structures -
Less than 15 feet in
height
P P P P P P P P P P
Accessory Structures –
Greater than 15 feet in
height
CUP CUP CU
P
CUP CUP CUP CUP CUP CUP CUP
Agricultural Employee
Housing
1-4 Employees
4+ Employees
P
CUP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
Apartments NP NP NP
P
S&A
P
S&A
P
S&A
P
S&A
P
S&A P S&A P S&A
P
Condominiums (4 15) NP NP NP S&A
P
S&A
P
S&A
P
S&A
P
S&A P S&A P NP
Duets NP NP NP S&A
P
S&A
P
NP S&A
P
S&A P S&A P S&A
P
Duplex NP S&A
P
S&
A P
S&A
P
S&A
P
NP S&A
P
S&A P
(5)
S&A P
(5)
P(4)
Home Occupation (1) P P P P P P P P P P
Manufactured Home (1
2)
P P P P NP NP P P P P
Mobile Home (1 3) P P P P NP NP P P P P
Mobile Home Parks P P NP NP NP NP NP NP NP NP
Residential Accessory
Uses and Structures
Less than 120 sq. ft.
(13)
More than 120 sq. ft.
(14)
Higher than 15 feet
P
BP
CUP
P
BP
CUP
P
BP
CU
P
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
Residential Care Homes
6 or fewer
7 or more
P
CUP
P
CUP
P
CU
P
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Accessory Dwelling
Units (6)
ADU
P
ADU
P
AD
U
See
Not
e 7
ADU
See
Note
7 ADU
See
Note
7 ADU
NP
ADU
P
ADU
See
Note 7
ADU
See
Note 7
ADU
P
Single-Family—
Attached
NP NP NP S&A
P
S&A
P
S&A
P
S&A
P
S&A P S&A P NP
Attachment 3
Single-Family—
Detached
P P NP
(3
8)
P NP
(3 8)
NP P P (8) CUP (3
8)
P
Supportive Housing
Facility
7 or fewer
8 or more
Triplex, Fourplex NP NP NP S&A
P
S&A
P
S&A
P
S&A
P
S&A P
(2 5)
S&A P
(2 5)
S&A
P (4)
Retail Uses
Bed and Breakfast Inns
(9)
NP NP NP NP NP NP CUP CUP CUP NP
Animal Kennels and
Boarding
CUP NP NP NP NP NP NP NP NP NP
Small Neighborhood
Market and
Convenience
CUP CUP CU
P
CUP CUP CUP CUP CUP CUP NP
Services, Public and Semipublic Uses
Ambulance Services NP NP NP NP NP NP NP NP NP NP Clubs and Lodges CUP CUP NP NP NP NP CUP CUP CUP NP Community Care
Facility
6 or fewer
7 or more
P
CUP
P
CUP
P
CU
P
P
CUP
P
APR
P
APR
P
CUP
P
APR
P
APR
P
CUP
Convalescent
Hospitals/Nursing
Homes (10)
CUP CUP CU
P
CUP CUP NP CUP CUP CUP CUP
Cultural Institutions
(Library, Museum)
CUP APR NP NP NP NP CUP CUP CUP NP
Child Day Care
Small Family
Large Family (11)
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
Child Day Care Centers
(lot size greater than
one acre)
CUP CUP CU
P
CUP CUP CUP CUP CUP CUP CUP
Family Day Care P P P P P P P P P P
Medical Services -
Hospitals (10)
CUP CUP NP NP NP NP NP NP NP NP
Libraries, Museums CUP CUP CU
P
CUP CUP NP CUP CUP CUP CUP
Park and Recreation
Facilities
CUP CUP CU
P
CUP CUP NP CUP CUP CUP CUP
Parking Lots and
Structures
NP NP NP S&A S&A NP S&A S&A S&A NP
Attachment 3
Public Utility or Safety
Facility
CUP CUP CU
P
CUP CUP CUP CUP CUP CUP CUP
Religious Assembly (12) P P P P P NP P P P P
Supportive Housing
6 or fewer
7 or more
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Transitional Housing
6 or fewer
7 or more
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Schools—College and
University
NP NP NP NP NP NP NP NP NP NP
Schools-Primary CUP CUP CU
P
CUP CUP CUP CUP CUP CUP CUP
Schools – Secondary CUP CUP CU
P
CUP CUP CUP CUP CUP CUP CUP
Schools – Specialized
Education and Training
NP NP NP NP NP NP NP NP NP NP
Schools – Vocational
and Trade
NP NP NP NP NP NP NP NP NP NP
Schools—Public/Private CUP CUP CU
P
CUP CUP NP CUP CUP CUP CUP
Telecommunications
Facilities
Major
Telecommunication
Facility
NP NP NP NP NP NP NP NP NP NP
Minor P P P
Public Utility or Safety
Facilities (10)
Utilities—Minor
CUP
P
CUP
P
CU
P
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
1 Permit Requirement
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
ADU Accessory Dwelling Unit Permit and approval by the Community Development Director with review by the Development Review Committee (DRC) for compliance with Chapter
17.32, Accessory Dwelling Units.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC) for compliance with standards without a public hearing.
mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
Attachment 3
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
NP Not Permitted.
Additional Use Regulations and Notes:
(1) See Section 17.22.130 (Home Occupations) for uses allowed and permit requirements. (2) Manufactured homes permitted on a permanent foundation subject to standards for the applicable district. (13) Manufactured and Mobile homes are required to be permitted on a permanent foundation where the development and must comply complies with the residential development standards of the zoning district in which the property is located and the minimum development density identified in the General Plan for the applicable district. (4) These types of housing are permitted in the RWF zoning district provided the overall density standards for the Specific Plan are met. (2 5) On corner lots, an entrance shall be oriented to each street frontage. On interior lots, the unit shall be designed to maintain a single- family residential appearance from the street frontage with access to the second unit, parking and utilities concealed from the street. (6) Accessory dwelling units are permitted where performance standards in Chapter 17.32 (Accessory Dwelling Units) can be met. Accessory dwelling units are permitted only on lots occupied by one existing or proposed detached single-family dwelling. (7) Permitted where a single-family residence was established on a legal lot that is less than 8,000 square feet in size and the accessory second unit complies with the standards in Chapter 17.32 (Accessory Dwelling Units) and there is future multifamily development on the parcel or lot consolidation with adjoining parcels to accommodate future multifamily development. (3 8) An existing single-family home that is the only dwelling on a parcel that was lawfully constructed and involuntarily damaged or destroyed by fire or other calamity may be rebuilt.
(9) See Section 17.22.080 for bed and breakfast requirements. (10) Establishment of the land use is prohibited if the property is located in the Flood Hazard Overlay zone. (11) See Section 17.22.140 (Large Family Child Care Homes) requirements. (12) Places of religious worship allowed provided all the conditions in Section 17.22.180 (Religious Assembly) are met. (13) Setback is 18 inches for structures less than 120 square feet or eight feet high. (14) Setback is five feet for accessory structures more than 120 square feet or eight feet high. A three-foot setback may be allowed for a structure with a fire wall that complies with the California Building Code. (4 15) See Chapter 16.17 "Conversion of multifamily rental units" for information on condominium conversion requirements. (16) All projects within the performance overlay (PZ) zoning district which utilize the standards of the performance overlay which do not meet the standards of the base zoning district, shall be subject to conditional use permit approval by the planning commission in addition to any other entitlement requirements.
Attachment 4
17.06.020 Home Office zone land uses and permit requirements.
The following Table 17.06-1 identifies the uses of land allowed by this Zoning Ordinance in the Home Office Zoning District, and the land use permit required to establish each use in compliance with this chapter.
Table 17.06– 1 Home Office District Land Use and Permit Requirements Residential Uses
Accessory Dwelling Units ADU
Accessory Structures – Less than 120 sq. ft. and 15 feet in height P Accessory Structures – Greater than 120 sq. ft. or 15 feet in height
CUP
Apartments P
Condominiums P
Duplex P
Live Work Unit CUP
Single Family - Attached P
Single Family-Detached P
Triplex, Fourplex P
Retail Uses
Artist Studio CUP
Bed and Breakfast CUP
Beauty Salon and Barber Shops (maximum 2 chairs) APR
Services, Public and Semipublic Uses
Community Care Facility
6 or fewer
7 or more
P
CUP
Child Day Care Center CUP
Family Day Care P
Medical Services – Clinics and Laboratories CUP
Religious Assembly CUP
Transitional Housing
6 or fewer
7 or more
P
CUP
Schools – Primary CUP
Schools – Secondary CUP
Schools – Public/Private CUP
Office Uses
Professional Office APR
Medial Services – Clinics and Laboratories CUP
Handicraft Industries, small scale manufacturing CUP
Attachment 5
17.08.020 Commercial and Mixed-Use Zone land uses and permit requirements.
The following table identifies the uses of land allowed by this Zoning Ordinance in each commercial and mixed-use zone, and the land use permit required to establish each use, in compliance with Section 17.02.030 (Districts Established and Designated).
Site and Architectural Review shall be required for construction of new buildings, and master sign programs in the Commercial and Mixed -Use Zoning Districts unless a Master Architectural, Landscaping, Lighting and Sign Program has been approved by the Planning Commission for the property within the last three years and the Development Services Director determines that the submittal substantially conforms with the approved program.
Site and Architectural Review shall also be required for façade improvements to the roof lines or the location of doors or window of existing buildings that face streets or public use areas. Administrative Site and Architectural Review is required for some uses that involve outdoor sales activities such as auto sales and nursery pr oducts or minor alterations to the exterior of a building.
A. Administrative or administrative review shall be required for the following:
1. Administrative Permit Review. Uses that involve outdoor sales activities such as auto sales and nursery products or changes to the façade of a building that faces a public street or road.
2. Façade Improvement/Alteration. For the addition or removal of up to two doors or windows where the Director determines that the alteration is harmonious with the defining archi tectural characteristics of the building in relation to materials, scale, size and color and that the building will comply with applicable codes for health and safety, fire, ingress and egress and standards for commercial development. The City Planner may require the addition of an awning or similar feature to comply with the intent of the Commercial and Mixed -Use General Development Standards.
Table 17.08-1 Commercial and Mixed Use Zone Uses and Permit Requirements
Land Use1 CO GC NG Additional
Use
Regulations
DMU NMU WG Additional
Use
Regulations
Commercial Uses
Accessory Retail Sales P P P P P P
24-Hour Operations CUP CUP CUP CUP CUP CUP
Adult Entertainment Establishment
Facilities
NP NP NP NP NP NP
Alcohol Sales (Retail) NP CUP CUP CUP CUP CUP
Ambulance Services CUP CUP CUP (24) NP NP NP (24) Animal Sales and Services
Animal Boarding
Animal Grooming
Animal Hospitals
Animal Retail Sales
NP
NP
CUP
NP
APR
P
CUP
P
CUP
CUP
P
P
(1) for APR
NP
NP
CUP
NP
CUP
P
CUP
P
CUP
P
CUP
P
Ancillary Deli or Café CUP P P P P P
Animal Kennels or Boarding NP APR CUP NP CUP CUP
Attachment 5
Animal Sales and Services NP APR APR NP P P
Animal Veterinary Clinics and
Hospitals
CUP CUP CUP CUP CUP CUP
Antique and Collectible Shops NP P P P P P
Artists' Studios APR P P P P P
Automated Teller Machines (ATMs) APR
AP
APR
AP
APR
AP
(1) APR
AP
APR
AP
APR
AP
(1)
Bakeries
Retail
Wholesale
Wholesale accessory to bakery
NP
NP
NP
P
CUP
P
P
CUP
P
P
NP
NP
P
NP
NP
P
NP
CUP
Bail Bonds NP CUP CUP CUP NP NP
Bars and Night Clubs NP CUP CUP (2) CUP
APR
CUP CUP (2)
Bed and Breakfast Inns CUP CUP CUP (2)
See
§ 17.22.080
CUP CUP CUP (2)
See
§ 17.22.080
Broker (Auto, Mortgage, Stock) P P P Enclosed
Building
P P P Enclosed
building
Building Materials and Services
With Incidental Retail Ready Mix
Commercial Building
NP
NP
NP
P
P
P
(4)
NP
P
NP
P
NP
P
Not allowed in
a mixed use
building
Building Material Store
Indoor
Ancillary Outdoor Storage/Display
NP
NP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Not allowed
in a mixed-
use building
Business Support Services CUP P P P P P
Catering Services NP P P P P P
Commercial Filming P P P P P P
Commercial Recreation
& Entertainment (2)
Building Less than 25,000 sq. ft.
Building Greater than 25,000 sq. ft.
or
Outdoor Use
P(5)
CUP
(5)
CUP
(5)
CUP
(2)
P(5)
CUP
P(5)
CUP
P(5)
CUP
(2)
Commercial Recreation
Major
Minor
Outdoor
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
Convenience Stores
With Gas Pumps
NP
NP
P
CUP
P
CUP
(2) NP
NP
P
CUP
P
CUP
(2)
Donation Kiosk NP APR APR NP APR APR
Drive-Thru Service and Sales NP CUP CUP NP CUP CUP
Attachment 5
Entertainment, Live (Excluding Adult
Entertainment)
NP CUP CUP (2) P CUP CUP (2)
Equipment Sales, Services, and
Rentals, Indoor within an Enclosed
Structure
NP P P CUP
(3) NP P CUP (3) Not
allowed in a
mixed use
building
Farm Equipment Sales and Supplies,
Indoor in an Enclosed Commercial
Building
NP P P NP P P Not allowed in
a mixed use
building
Financial Services P P P P P P
Food and Beverage Sales NP P P (2) P P P (2)
Fortunetelling P P NP NP NP NP
Fuel and Ice Dealers NP CUP CUP NP CUP CUP
Funeral Services CUP CUP CUP CUP CUP CUP
Health and Fitness Clubs P P P P P P
Hotels and Motels
Extended Stay
NP
NP
P
P
P
P
CUP
CUP
CUP
CUP
CUP
CUP
Laboratories APR APR APR (5) NP NP NP
Laundries and Dry-Cleaning Plants
Limited
Unlimited
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
(1)
CUP
APR
CUP
CUP
APR
CUP
CUP
APR
CUP
(1)
Laundromat NP P P NP P P
Live Entertainment (Excluding
Adult Entertainment)
NP APR APR APR APR APR
Live-Work Units
One to Two
Two or More
NP
NP
NP
NP
NP
NP
P
CUP
P
CUP
NP
CUP
Maintenance and Repair
Services Incidental and
Accessory to Retail Sales in an
Enclosed Commercial Building
Major Minor
NP
NP
NP
P
NP
P
(6) NP
P
NP
P
NP
P
Not allowed in
a mixed use
building
(6)
Maintenance?
Medical Services
Clinics and Laboratories
Extended Care
(12)
APR
NP
APR
CUP
APR
CUP
(24)
(5)
APR
CUP
APR
CUP
APR
CUP
(24)
(5)
Nurseries Nursery
Indoors Outdoors
NP
P
P
(4)
P
P
P
Not allowed in
a mixed-use
building
(4)
Attachment 5
Offices
Business and Professional
Large Scale Office Parks
P
NP
P
NP
P
P
P
NP
P
NP
P
NP
Pawn Shop NP CUP NP (8) NP CUP NP (9), (10)
Personal Services P P P P P P
Personal Improvement
Services
P P P P P P
Printing and Publishing
Limited
Unlimited
APR(1)
NP
P
CUP
P
CUP
P
NP
P
NP
P
CUP
Recreational Vehicle Parks NP NP CUP (1) (11) NP NP NP Recycling Facilities
Reverse Vending
Small
Large
S&A
NP
NP
S&A
NP
NP
S&A
NP
NP
See
§ 17.22.170
Standards
S&A
NP
NP
S&A
NP
NP
S&A
NP
NP
See
§ 17.22.170
Standards
Recycling Facilities
Major
Minor
CUP
APR
CUP
APR
CUP
APR
CUP
APR
CUP
APR
CUP
APR
Repair and Maintenance –
Consumer Products
APR APR APR CUP CUP CUP
Research and Development
Services
NP NP CUP NP NP CUP
Restaurants
Restaurant (Sit Down)
With Drive-Through or Drive-
In
With Outdoor Dining
CUP
NR NP
NP
P
APR
CUP
APR
P
APR
CUP
APR
(2)
See
§ 17.22.090
P
NP APR
APR
APR
CUP
APR
APR
APR
CUP
APR
APR
(2)
See
§ 17.22.090
Retail Sales NP
(12)
P P P P P Flammable or
hazardous
materials not
allowed in a
mixed-use
building
Retail Sales – Outdoor Storage
and/or Display
NP CUP CUP NP CUP CUP
Secondhand or Consignment
Stores
NP P NP (10) P P P (9), (10)
Service Stations NP S&A S&A (2) See §
17.22.200
NP S&A S&A (2)
See
§ 17.22.200
Shopping Centers NP S&A
P
S&A
P
NP S&A P S&A P
Tattoo or Body Piercing
Parlors
P P NP P P P (9)
Attachment 5
Wholesale Bakery NP CUP CUP NP NP NP
Vehicle Related Sales and Services
Brokerage P P P P P P
Car Wash, Detailing NP CUP CUP NP NP CUP
Service Stations NP CUP CUP NP CUP CUP
Vehicle Repair Facility
Major
Minor
NP
NP
NP
NP
CUP
APR
(2)
NP
NP
NP
NP
CUP
CUP
(2)(3)
Vehicle Sales and Ancillary
Services
Indoors
Outdoors
NP
NP
P
NP
P
APR
(12)
APR(27)
(5) NP
P
NP
P(6),
NP(13)
Vehicle Repair Facilities
Major
Minor
NP
NP
APR
(14)(13), (5)
NP
NP
CUP
(2) (15)
(13), (5)
Vehicle Storage NP NP NP NP NP NP
Vehicle Washing NP APR APR (5), (16) NP NP S&A (5), (16) Warehousing/Storage
Limited for Retail Sales
Wholesale and Distribution
NP
NP
CUP
NP
CUP
CUP
(17)
(17)
CUP
NP
CUP
NP
CUP
NP
(17)
Public and Semipublic Uses
Assembly Uses NP CUP CUP CUP CUP CUP
Clubs and Lodges CUP CUP CUP (2) CUP CUP CUP (2) Convalescent Hospitals/Nursing
Homes
CUP CUP NP (24) CUP CUP CUP (24)
Cultural Institutions (Libraries and
Museums)
CUP CUP CUP APR APR APR (5)
Day Care Centers CUP
APR
CUP
APR
CUP
APR
CUP
APR
CUP
APR
CUP
APR
Government Offices P P P P P P
Medical Services - Extended Care CUP CUP NP CUP CUP CUP Medical Services - Hospital NP CUP CUP (24) NP CUP CUP (24) Park and Recreation Facilities CUP CUP CUP CUP CUP CUP Parking Lots and Structures S&A S&A S&A S&A S&A S&A Public Safety Facilities S&A
P
S&A
P
S&A
P
(24) APR APR APR (24)
Public Utility Service Yards NP NP NP NP NP NP
Religious Assembly P* P* CUP *See
§ 17.22.180
NP CUP CUP
Attachment 5
Tasting Room NP P P P P P
Residential Uses
New Single-Family
Residential
NP
NP
NP
NP
NP
NP
Replacement
(20) (4)
NP
NP(21)
NP
CUP
NP
CUP
Replacement
(20) (4)
Caretaker and Employee Housing CUP CUP CUP CUP CUP CUP Community Care Facility
6 or fewer
7 or more
NP
NP
NP
NP
NP
NP
P
CUP
P
CUP
P
CUP
Emergency Shelter NP CUP P
(23)
NP CUP CUP
Existing Commercial Building
First Floor
Second Floor Reuse for Residential
NP
NP
NP
NP
NP
NP
NP
S&A
NP
S&A
APR
S&A
New Mixed-Use Development
Building
NP NP NP S&A
P
S&A
P
S&A
P
Multifamily NP NP NP P P P
Family Day Care Day Care Homes,
Family—Large
NP P NP NP P APR P
APR
P
APR
Second Dwelling Unit NP NP NP NP NP
(23)
NP
Temporary Residential Shelter
Small Temporary Residential
Shelter
Large Temporary Residential
Shelter
NP
NP
CUP
CUP
P
(22)
P(22)
NP
NP
CUP
CUP
CUP
CUP
Industrial Use (See Chapter 17.10) NP NP NP NP NP NP Accessory Uses and Structures
Utilities—Minor P P P P P P
Temporary Uses TUP TUP TUP See
§ 17.24.180
TUP TUP TUP See §
17.24.180
Telecommunications
Telecommunication Facilities See Chapter XX
Cannabis Facilities
Cannabis Cultivation NP NP CUP See Chapter
5.42 NP NP CUP See Chapter
5.42 Cannabis Delivery NP NP CUP See Chapter
5.42 NP NP CUP See Chapter
5.42 Cannabis Dispensary NP NP CUP See Chapter
5.42 NP NP NP See Chapter
5.42
Attachment 5
Cannabis Distribution NP NP CUP See Chapter
5.42 NP NP CUP See Chapter
5.42 Cannabis Manufacturing NP NP CUP See Chapter
5.42 NP NP CUP See Chapter
5.42 Cannabis Nursery NP NP CUP See Chapter
5.42 NP NP NP See Chapter
5.42 Cannabis Testing NP NP CUP See Chapter
5.42 NP NP CUP See Chapter
5.42 1Permit Requirement
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC) for compliance with standards without a public hearing.
mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
NP Not permitted.
Additional Use Regulations and Notes:
(1) Administrative Permit Review shall be required to ensure compliance with standards in Section 17.24.190(B)(2) (Site and Architectural Review Project Review).
(2) See Section 17.22.070, Alcohol uses.
(3) Vehicles rented for hauling shall be stored within an enclosed building or off-site in the M-1 Zoning District. (4) An Administrative Permit Review is required for establishment of outdoor storage to assure compliance with standards for screening in Sections 17.08.030(E), (J) and (N) and Section 17.22.160 (Outdoor merchandise and display activities). (5) Use is allowed with an Administrative Permit Review or if required a Site and Architectural Review to assure compliance with Chapter 17.18 (Pedestrian, Bicycle, Parking and Loading Standards).
(6) Maintenance and repair service shall be accessory to retail sales and located within a portion of the building screened from public view and the sales floor and display areas.
(7) Exempt if property is within a city-approved parking assessment district in compliance with Section 17.18.090(A)(4) (General Parking Reduction).
(8) There shall be a minimum distance of 750 feet between pawn shops. (9) There shall a maximum of one per street frontage on a block. (10) No firearm or weapon sales shall be allowed.
(1)(11) Recreational Vehicle parks shall be sited at least 500 feet from State Highway 25 or San Felipe Road.
Attachment 5
(12) Minor retail sales that directly relate to the principal use are permitted as an accessory use in the CO district. Retail sales shall not occupy more than ten percent of the total gross floor area of the structure(s) on a site and shall be incidental to the principal use except for professional pharmacies that are part of a medical office complex. (13) Minor auto services uses such as an oil change/smog facility, tire shop and repairs that would be accessory to a fuel service station or dealership will be allowed. Welding is prohibited in the Mixed-Use Zones. (2) (14) Limited auto-related uses that would normally be permitted in an Industrial Zoning District may be allowed in the North Gateway District with an Administrative Permit Review subject to Allowed subject to the following requirements:
(a) The automobile repair or alteration of the body or exterior of an automobile use(s) shall be located on an interior lot that does not have frontage on Highway 25 or San Felipe Road or behind buildings that front San Felipe Road. (b) The operation shall be contained within an enclosed building. Roll-up doors shall be oriented away from public streets and screened from public use area on adjoining properties.
(c) Storage of automobiles for repair or service shall be within an enclosed building or concealed by an attractive masonry garden wall or similar vegetative screen. The use of a cyclone fence with wood slats or barbed wire shall be prohibited. (d) Visible off-street parking shall be limited to a 20-minute loading zone for customer pick-up/drop off and employee parking. (e) The facility shall not share a boundary with property located in a Residential Zoning District or a hotel/motel. (f) The cumulative area of the auto-related uses shall not constitute more than 20 percent of the uses on an interior street or lot ten percent of the uses in the North Gateway Zoning District. (3) (15) Auto Repair, Tune-up, Body Shop, Tire Store. One auto service facility is allowed within that would serve the West Gateway District and surrounding residential land uses will be allowed within the WG district with a conditional use permit with the following standards. The combined auto repair/maintenance use(s) shall be confined to an area not larger than two acres.
(a) In order to establish an attractive entrance to Hollister and avoid an industrial appearance, all vehicles shall be contained within an enclosed building or concealed by an attractive garden wall or similar vegetative screen with the exception of a 20-minute loading zone for customer pick-up/drop and employee parking. (b) The facility shall not share a boundary with property located in the R1, R-2, R-3 or R4 District. (16) A Conditional Use Permit is required for any vehicle washing, drying or vacuuming done by mechanical means within 250 feet of a residential zoning district or the property line of a building with a mix of commercial and residential uses. An acoustic study may be required by the City Planner.
(17) The following additional regulations shall apply to all limited warehousing uses:
(a) All storage shall be kept within an enclosed building, except propane or gasoline powered engines or storage tanks or any boats or vehicles incorporating such components shall be stored only in designated screened areas. (b) Offices, animal-related uses and animal storage, manufacturing, assembly of goods, and retail or wholesale distribution of any item stored within the facility shall be prohibited at the limited warehouse facility. (c) The repair, construction, or reconstruction of any boat, engine, motor vehicle, furniture, appliance, machinery and the storage of any propane or gasoline storage tank is prohibited within any structure used for limited warehousing or on the premises of such limited warehousing, unless otherwise provided for in this Zoning Code. (18) Major facilities shall be located a minimum of 500 feet from a Residential Zoning District or school. Stealth telecommunication facilities are required with a CUP on properties located in the North Gateway Zoning District. Telecommunication facilities shall be aesthetically and architecturally compatible with adjacent structures and features in terms of shape, materials and colors and the City Planner may require stealth telecommunication facilities in the GC Zoning District to assure compatibility with surrounding land uses. Facilities shall comply with requirements in Section 17.22.240, Article II, (Telecommunications). (19) Municipal wells, drainage, and flood control facilities may be considered subject to an Administrative Permit for compliance with standards in Section 17.24.190(B) (Site and Architectural Review) of this title. (4) (20) A single-family residence lawfully established prior to the effective date of the ordinance codified in this chapter may be reconstructed if the building is involuntarily damaged or partially damaged by a fire or other calamity. The building shall be constructed consistent with the standards in the Old Town Zoning District.
(21) An exception may be allowed for lots located in the Fault Hazard Overlay Zone and if is not feasible for the property owner to conduct a surface fault investigation for a commercial or multifamily use due to the size of the property and surrounding land uses. (22) Small temporary residential shelters (STRS) or large temporary residential shelter (LTRS) is permitted by right in the NG Zoning District provided that if it is located at least 1,000 feet from another STRS or LTRS, 500 feet from a public park, a public or private K-12 school or
Attachment 5
an R1, R2 or OT Zoning District and within 1,000 feet of a bus route. An exception to the 1,000-foot separation from an R1, R2 or OT District may be made if the shelter is located on the opposite side of Highway 25 or San Felipe Road. The STRS and LTRS shall comply with standards in Section 17.22.120 (Homeless Shelters or Transitional Housing) of this title. A Conditional Use Permit is required for a STRS that does not comply with the location and development standards or in the NG Zoning District. (23) Permitted where a single-family residence was established on a legal lot that is less than 8,000 square feet in size and the accessory second unit complies with the standards in Chapter 17.32 (Accessory Dwelling Units) and there is not potential for lot consolidation with adjoining parcels to accommodate future multifamily development. (24) Establishment of the land use is prohibited if the property is located in the Flood Hazard Overlay Zone. (25) Minor vehicle repair facilities are not permitted within the Downtown Hollister Historic District. (26) Restaurants drive-through or drive-in are not permitted within the Downtown Hollister Historic District. (5) (27) Outdoor vehicles sales shall not be permitted within the Downtown Hollister Historic District or the Monterey Street Historic District. (28) See Chapter 5.42 "Cannabis Facilities Regulatory Permit" for information on criteria, procedures, standards, requirements, regulations, and provisions for cannabis.
Attachment 6
17.10.020 Industrial/manufacturing zone land uses and permit requirements.
The following table identifies the uses of land allowed by this Zoning Ordinance in each industrial zone, and the land use permit required to establish each use, in compliance with this chapter. Commercial uses allowed in the General Commercial and North Gateway Zoning Districts may be allowed with a Conditional Use Permit in the industrial zoning districts.
Site and Architectural Review shall be required for construction of new buildings, and master sign programs in the industrial zoning districts unless a Master Architectural, Landscaping, Lighting and Sign program has been approved by the Planning Commission for the property within the last three years and the Development Services Director determines that the submittal substantially conforms to the appro ved program. Site and Architectural Review shall also be required for major façade improvements to portions of existing buildings that face streets or public use areas including alteration of roof lines or the location of doors or windows. Administrative P ermit Review (APR) is required for uses that involve outdoor sales activities such as auto sales and nursery products or changes to the façade of a building that does face a public street or road. APR is also required for the addition or removal of up to two doors or windows where the Director determines that the alteration is harmonious with the defining architectural characteristics of the building in relation to materials, scale, size and color and that the building will comply with applicable codes for health and safety, fire, ingress and egress and standards for commercial development. The City Planner may require the addition of an awning or similar feature to comply with the intent of the Industrial Zone Districts.
Table 17.10-1 Industrial Zone Districts Land Use and Permit Requirements LAND USE M1-S IBP
Manufacturing, Processing and Service Uses
Auto and equipment repair P P
Beverage production P P
Body shop, detailing Car Wash, Detailing APR CUP
Clothing Factory products P P
Concrete, gypsum and plaster products CUP NP
Construction contractors storage yards APR NP
Chemical Plants products, fertilizer CUP NP
Electrical and electronic equipment, instruments manufacturing P P Food products P P
Food processing CUP CUP
Furniture and fixtures manufacturing P P
Glass products factory P P
Animal Kennels and animal boarding P APR
Handicraft industries, small-scale manufacturing P P
Hazardous Materials or Waste Facilities CUP CUP
Laundries and dry-cleaning plants CUP P CUP P
Lumber and wood products manufacturing APR (3 6) NP
Machinery manufacturing P P
Metal products fabrication, machine and welding shops P P Manufacturing P P
Parking for trucks, busses, service vehicles APR NP
Paper products Production P NP
Paving and roofing materials production CUP NP
Pharmaceuticals P P
Plastics and rubber products production P NP
Printing and publishing, limited and unlimited P P
Attachment 6
Public utility or safety facilities CUP CUP
Recycling—Composting CUP (3 6) CUP (3 6)
Recycling Facilities
Small collection facility, reverse vending machines
Large collection facility, scrap and dismantling yards
(1)
S&A
CUP (6)
(1)
S&A
CUP (6)
Recycling Facilities
Major
Minor
CUP
APR
CUP
APR
Repair and maintenance—Consumer products P P
Research and development P P
Service stations CUP CUP
Stone and cut stone products CUP NP
Structural clay and pottery products P NP
Storage, accessory P P
Storage, outdoor APR (2), (6) APR (2), (6)
Storage, personal storage facilities APR (2), (6) APR (2), (6) Vehicle repair facilities
Major
Minor
APR
APR
APR
APR
Vehicle Sales CUP CUP
Truck, service truck and vehicle storage or parking AS&A CUP CUP Warehouse Warehousing, wholesaling and distribution P CUP Wholesaling and distribution P P
Animal veterinary clinics and animal hospital P P
Agricultural, Resource and Open Space Uses
Crop production P P
Commercial Uses and Services
Ancillary office supplies or copying occupying ten percent of the first floor area of the industrial building or complex or a maximum of 3,000 sq. ft.
APR AS&A APR AS&A
Automatic teller machines (ATMs) APR AP APR AP
Adult entertainment establishments CUP P (3) CUP P (3) Convenience store convenience store (max. 2,500 sq. ft.) S&A APR S&A APR Courier and small package delivery service P P
Commercial uses allowed in the General Commercial and North Gateway Zoning Districts (see Chapter 17.08)
CUP CUP
Professional offices CUP CUP
Small Ancillary café or deli (10% of the first floor area of the industrial building or complex or a maximum of 3,000 sq. ft.)
APR AS&A APR AS&A
Public and Semi Public Uses Recreation, Assembly and Educational Uses Auditorium NP CUP
Assembly Uses CUP CUP
Child day care center 1—14 children APR AS&A APR AS&A Child day care center 15 or more children CUP (4) CUP (4) Emergency Shelter CUP NP
Commercial Recreation, MinorHealth/fitness clubs APR APR Commercial Recreation, Major CUP CUP
Commercial Recreation, Outdoor CUP CUP
Cultural Institutions Library or museum CUP CUP
Parks, playgrounds, golf courses CUP CUP
Attachment 6
Public Utility or Safety Facilities CUP CUP
Religious worship NP CUP
Schools—Vocational and Trade CUP CUP
Sports facilities and outdoor public assembly CUP CUP Trails, bike paths CUP CUP
Theatres, assembly and meeting halls NP CUP
Residential
Caretaker and employee housing ACUP APR ACUP APR
Transportation and Communication
Telecommunication Communication Facilities Antennas, communication facilities
CUP (5) CUP (5)
Pipelines and utility lines P P
Transit stations and terminals CUP CUP
Cannabis Facilities
Cannabis cultivation CUP (7) CUP (7)
Cannabis delivery CUP (7) CUP (7)
Cannabis dispensary CUP (7) CUP (7)
Cannabis distribution CUP (7) CUP (7)
Cannabis manufacturing CUP (7) CUP (7)
Cannabis nursery CUP (7) CUP (7)
Cannabis testing CUP (7) CUP (7)
Permit Requirement by Zone
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC) for compliance with standards without a public hearing.
mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
NP Not Permitted.
Additional Use Regulations and Notes:
(1) See Section 17.22.170 (Recycling Facilities) for standards for these uses. (2) Administrative Permit Review required ensuring screening from all public view areas in compliance with Section 17.10.040(H) of this chapter.
(3) Permitted use must comply with standards in Section 17.22.050 (Adult Entertainment Establishments). (1 4) Child care centers with 15 or more children are not permitted in the Airport Safety Overlay zones - Runway Protection, Inner Safety, Outer Safety and Traffic Pattern Zone.
(2 5) In order to avoid interference with aircraft, antennas for telecommunications facilities shall be prohibited within the Hollister Municipal Airport Influence Area on the most currently adopted Hollister Municipal Airport Comprehensive Land Use Plan. See Chapter 17.22 Article II Telecommunication Facilities for standards and application submittal requirements. (3 6) Outdoor storage of materials and personal storage facilities must be located at least 500 feet from State Highway 25 or San Felipe Road.
Attachment 6
(4 7) Subject to special use regulations in Chapter 5.42 "Cannabis Facilities Regulatory Permit" for information on criteria, procedures, standards, requirements, regulations, and provisions for cannabis.
Attachment 7
17.12.020 Land uses and permit requirements for the Airport District.
Site and Architectural Review shall be required for construction of new buildings in the AP Zoning District unless a Master Architectural, Landscaping, Lighting and Sign program has been approved by the Planning Commission for the property within the last three years and the Development Services Director determines that the plans substantially conform to the approved program. Site and Architectural Review shall also be required for major façade improvements to portions of existing buildings that face street s or public use areas including alteration of roof lines or the location of doors or windows. An Administrative Permit Review is required for the addition or removal of up to two doors or windows where the Director determines that the alteration is harmonious with the defining architectural characteristics of the building in relation to materials, scale, size and color and that the building will comply with applicable codes for health and safety, fire, ingress and egress and standards for commercial development. The City Planner may require the addition of an awning or similar feature to comply with the intent of the District.
The following table identifies the uses of land allowed by this Zoning Ordinance in the Airport Zoning District.
Table 17.12-1 Airport Zone Districts Land Use and Permit Requirements Land Use—Airport Permit
Requirements
Agricultural, Resource and Open Space Uses
Crop production P
Floriculture P
Aviation Related Uses
Aircraft chartering and leasing P
Air cargo facilities P
Aircraft electronics sales and services S&A
Air freight terminal CUP
Aircraft parking, tie-down and aircraft hangars or and shelters P Aircraft parts rebuilding P
Aviation related, flying or navigational schools APR
Aircraft sales, manufacture, service and related administrative offices P Aircraft Manufacturing P
Aircraft Repair or Services P
Aircraft Research and Design P
Airport P
Airport administration and maintenance buildings and facilities P Auto rentals CUP
Aviation equipment and accessories sales or repair P
Aviation storage P
Commercial and industrial uses incidental to and in support of Hollister Municipal Airport subject to the requirements of the applicable General Commercial or Light Industrial Zoning District
CUP
Executive/general aviation terminal facilities with related offices and food services uses
P CUP
Federal aviation administration flight service facilities P Fixed base operations CUP
Aircraft Fuel Facility or lubricant sales and facilities P
Attachment 7
Hang gliding NP
Intermodal facilities P
Cultural Institutions (related Museums and other cultural displays relation to aviation)
APR
Municipal emergency response facilities Public Safety Facilities P Passenger terminals with accessory uses P
Private parking facilities CUP
Public parking facilities P
Public gatherings in conjunction with an airport-related activity sponsored or approved by the Hollister Municipal Airport
MTUP APR
Runways, taxiways, aprons, and related lighting and air support apparatus P Schools – Specialized Aviation Education and Training APR Commercial Uses and Services
Ancillary office supplies or copying occupying ten percent of the first floor area of the industrial building or complex or a maximum of 3,000 square feet APR
Automatic teller machines (ATMs) APR AP
Convenience store convenience store (maximum 2,500 sq. ft.) S&A CUP Courier and small package delivery service P
Small Ancillary café or deli (less than 5,000 sq. ft.) APR Residential Uses
Caretaker and employee housing CUP
Permit Requirement
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
APR Administrative Permit Review and approval by the Development Review Committee (DRC) for compliance with standards without a public hearing. mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
NP Not permitted.
17.12.030 Land use and permit requirements for the Airport Support (AS) Zoning District.
Site and Architectural Review shall be required for construction of new buildings in the AS Zoning District unless a Master Architectural, Landscaping, Lighting and Sign program has been approved by the Planning Commission for the property within the last three years. Site and Architectural Review shall be required for construction of new buildings, and master sign programs in the Airport Support Zoning District unless a Master Architectural, Landscaping, Lighting and Sign Program has been approved by the Planning Commission for the property within the last three years and the Development Services Director determines that the submittal substantially conforms to the approved program. Site and Architectural Review shall also be required for major
Attachment 7
façade improvements to portions of existing buildings that face streets or public use areas including alteration of roof lines or the location of doors or windows. Administrative Permit Review (APR) is required for uses that involve such as rental car parking or changes to the façade of a building that does face a public street or road . APR is also required for the addition or removal of up to two doors or windows where the Director determines that the alteration is harmonious with the defining architectural characteristics of the building in relation to materials, scale, size and color and that the building will comply with applicable codes for health and safety, fire, ingress and egress and standards for commercial development. The City Planner may require the addition of an awning or similar feature to comply with the intent of the Districts.
The following table identifies the uses of land allowed by this Zoning Ordinance in the Airport Support Zoning District. For projects that include direct access to the airport, a separate Access Approval is required.
Table 17.12-2 Airport Support Districts Land Use and Permit Requirements Land Use—Airport Support Permit
Requirement
Agricultural, Resource and Open Space Uses
Crop Production P
Manufacturing and Processing Uses
Industrial uses permitted in the IBP Zoning District and subject to the requirements of the Industrial Business Park Zoning District
P
Aircraft manufacturing P
Aircraft parts manufacturing P
Air Freight terminal CUP
Public aircraft sales and promotion CUP (1)
Aeronautical related services to the general public CUP (1) Aircraft Repair or Services maintenance CUP (1)
Aircraft Manufacturing parts rebuilding CUP (1)
Aircraft electronic sales and service CUP (1)
Aircraft pilot or navigational schools – Specialized Aviation Education and Training CUP (1) Retail sales of aircraft fuel and lubricant sales Aircraft Fuel Facilities NP Aircraft agricultural services NP
Aircraft parking incidental to business use P (2)
Aircraft parking, hangers solely for storage NP
Aircraft Research and Design or Testing P
Wholesale aircraft and parts distribution P
Recreation, Educational and Institutional Uses
Health/fitness clubs CUP
Medical Services - Hospital NP
Parks, playgrounds, golf courses CUP
Special aviation related libraries and museums Cultural Institutions related to aviation
CUP
Schools—Specialized aviation related education and training CUP Schools—Other NP
Trails, bike paths CUP
Land Use—Airport Support Permit
Requirement
Retail Trade
Attachment 7
Automatic teller machines (ATMs) APR (3)
Auto rentals P
Bars and drinking places CUP
Convenience store (maximum 2,500 sq. ft.) APR(4)
Deli or café, outdoor seating, sidewalk cafe APR (4)
Hotels or and motels CUP (4)
Long-term mobile food vending APR
Offices, business and professional Professional Offices P Private property mobile food vending APR
Restaurants P (4)
Sales yards APR
Short-term mobile food vending APR
Services
Automatic teller machines (ATMs) AP
Cemeteries, columbarium, mortuaries NP
Child day care centers Day Care NP
City government offices and facilities P
Kennels and animal boarding Animal Kennels or Boarding CUP Public Safety Facilities CUP
Public utility and safety facilities CUP
Storage, outdoor NP
Prohibited Land Uses
Telecommunication Antennas, communication facilities NP Cannabis Facilities
Cannabis cultivation CUP (5)
Cannabis delivery CUP (5)
Cannabis dispensary CUP (5)
Cannabis distribution CUP (5)
Cannabis manufacturing CUP (5)
Cannabis nursery CUP (5)
Cannabis testing CUP (5)
Permit Requirement by Zone:
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
APR Administrative Permit Review and approval by the Development Review Committee (DRC) for compliance with standards without a public hearing. mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
Attachment 7
NP Not permitted.
Additional Use Regulations and Notes:
(1) A conditional use permit for the aviation related land use near the Hollister Municipal Airport shall be allowed only if the following findings can be made:
a. Public improvements or funds will not be required for the successful operation of the business or use. b. There is not sufficient land available within the Hollister Municipal Airport Layout Plan area to support the proposed land use within the foreseeable future.
c. The proposed land use will not directly compete with existing services or planned services/uses in the Hollister Municipal Airport Layout Plan and applicable master plans for the Hollister Municipal Airport. d. The proposed land use will contribute to the economic vitality of the Hollister Municipal Airport. e. The proposed land use will not jeopardize grant assurances for the city of Hollister with the Federal Aviation Administration. (2) An airport access permit is required to access the Hollister Municipal Airport pursuant to Chapter 8.28 of the Municipal Code. (3) Administrative Permit Review shall be required to ensure compliance with standards in Section 17.24.190(B)(2) (Site and Architectural Review Project Review).
(4) See Section 17.22.070 (Alcohol Uses) for commercial uses that sell alcohol for permit requirements. (5) Subject to special use regulations in Chapter 5.42 "Cannabis Facilities Regulatory Permit" for information on criteria, procedures, standards, requirements, regulations, and provisions for cannabis.
Attachment 8
17.12.050 Special purpose land use and permit requirements for open space, park and public facility.
Open Space, Park and Public Facilities/Institutional. Site and Architectural Review shall be required for construction of new buildings in the OP, P and PF Zoning Districts unless a Master Architectural, Landscaping, Lighting and Sign program has been approved by the Planning Commission for the property within the last three years and the Development Services Director determines that the submittal substantially conforms with the approved program. Site and Architectural Review shall also be required for major façade improvements to portions of existing buildings that face streets or public use areas including alteration of roof lines or the location of doors or windows. Administrative Permit Review (APR) is required for uses that involve such as rental car parking or changes to the façade of a building that does face a public street or road. APR is also required for the addition or removal of up to two doors or windows where the Director determines that the alteration is harmonious with the defining architectural characteristics of the building in relation to materials, scale, size and color and that the building will comply with applicable codes for health and safety, fire, ingress and egress and standards for commercial development. The City Planner may require the addition of an awning or similar feature to co mply with the intent of the Districts.
Commercial Uses on Open Space, Park and Public Facilities/Institutional Districts. Commercial leases for use of portions or segments of open space or a park or underutilized buildings or areas in the PF district may be allowed with City Council approval. The intent is to enhance the recreation experience in the open space and park districts where practical and feasible and in the public facility/institutional district to provide opportunity for private businesses to utilize underutilized buildings or areas with enhanced cultural and educational programs, business incubators, shared workspaces, or event centers where desirable or feasible. Furthermore, commercial uses may be desirable in certain circumstances to provide revenues to offset maintenance costs of the balance of a park or municipal property.
Each proposed lease shall be carefully studied and judged on the merits of the location of the property, and the type of property on a case-by-case basis.
A. Prior to release of a request for proposal for use of a building or property, the City Council shall adopt a resolution pursuant to Section 3.06.060 of the Hollister Municipal Code that the building or segment of property is not necessary for municipal purposes during the term of the lease or any extension authorized by the City Council.
B. Prior to submitting a lease for City Council approval, a request for proposal shall be issued articulating the scope and purpose of the commercial use in context of the property type and surrounding uses.
C. Commercial leases at park or open space lands may include commercial concessions, equipment rentals, specialty training or other similar uses that are compatible and incidental and complementary to the primary purpose of the park or open space area.
D. Commercial leases of buildings or areas in the public facility/institutional zoning district shall be compatible with surrounding land uses and to the extent feasible enhance programing or services in the community and if possible, nearby uses.
E. Approval of a lease shall require a Conditional Use Permit.
1. A recommendation from the Parks and Recreation Commission shall be required as part of the Conditional Use Permit application for a lease within any municipal park or open space.
2. After receipt of the Planning Commission recommendation, a public hearing on the Conditional Use Permit and lease plan shall be scheduled before the City Council. After the hearing, the Council may approve the Conditional Use Permit and Lease, may disapprove the permit or lease, or may adopt the plan and lease with changes, provided that any changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation.
Attachment 8
Failure of the Commission to report within 45 days after the referral, or any longer period set by the Council, shall be deemed a recommendation for the approval of the changes.
The following table identifies the uses of land allowed by this Zoning Ordinance in the Open Space, Park and Public Facility Zoning districts.
Table 17.12-3 Open Space, Park and Public Facilities/Institutional Zone Districts Land Use and Permit Requirements
Land Use OS P PF
Agricultural, Resource and Open Space Uses
Crop production P P P
Manufacturing and Processing Uses
Recycling—Minor Reverse vending machine NP P P
Recycling—Small collection facility Recycling- NP NP CUP Recreation, Education and Public Assembly Uses
Religious Assembly Uses Churches places of worship with schools NP CUP NP CUP Clubs and Lodges CUP CUP CUP
Community centers CUP CUP P
Commercial Recreation - Indoor Health/fitness clubs NP NP CUP Cultural Institutions Libraries and museums (public/nonprofit) NP CUP CUP Membership organization facilities CUP P P
Parks, playgrounds, golf courses NP CUP NP P P
Schools—College and university, secondary, elementary CUP CUP P Schools—Specialized education and training CUP CUP P Commercial Recreation – Outdoor Sports facilities and outdoor public assembly
NP CUP CUP
Studios for dance, art, music, photography, etc. P P P Trails, bike paths NP CUP CUP
Theatres and meeting halls NP CUP CUP
Residential
Agricultural employee housing—4 or fewer employees CUP CUP CUP Agricultural employee housing—4 or more employees CUP CUP CUP Caretaker and employee housing CUP CUP CUP
Organizational houses NP NP CUP
Retail Trade
Certified farmer's market MUP MUP MUP
Services
Automatic teller machines (ATMs) NP P P
Cemeteries, columbarium, mortuaries NP CUP CUP
Child day care centers Day Care NP CUP CUP
City government offices and facilities NP P P
Corporation yard NP NP CUP
Animal kennels and animal boarding CUP NP NP
Medical services—Hospitals NP NP P (3)
Public utility Facilities and safety facilities CUP CUP CUP (3) Public Safety Facilities CUP CUP CUP
Storage accessory P P P
Storage, outdoor CUP NP NP
Warehousing NP NP P
Transportation and Communications
Attachment 8
Airports NP NP CUP
Telecommunication Facilities Antennas, communication facilities NP CUP NP (1) (see
exception)
CUP (2)
Heliport NP NP CUP
Pipelines and utility lines P P P
Transit stations and terminals NP CUP CUP
Permit Requirement by Zone:
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
APR Administrative Permit Review and approval by the Community Development Director with review by the Development Review Committee (DRC) for compliance with standards without a public hearing.
mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
NP Not permitted.
Additional Use Regulations and Notes:
(1) A communication facility may be permitted with a conditional use permit in a Public Facility Zoning District where it is located not less than 500 feet from a public school or a residential zoning district or residential general plan land use designation. (2) The existing telecommunication monopoles authorized by a Conditional Use Permit prior to the enactment of this Zoning Ordinance shall be considered conforming land uses. Stealth design and co-location shall be required for any replacement poles. (3) Establishment of the land use is prohibited if the property is located in the Flood Hazard Overlay zone.
Attachment 9
17.02.020 Definitions.
This section provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other chapters of the City Code, these definitions shall prevail for the purposes of this Zoning Ordinance. If a word is not defined in this chapter, or other chapters of the City Code, the most common dictionary definition is presumed to be correct. Words used in the present tense shall include the future; words used in the singular shall include the plural; the word "shall" or "must" is mandatory, and the word "may" is directory.
A. Definitions of Specialized Terms and Phrases. The following definitions are in alphabetical order.
24-Hour Operations means any land use which is open to employees, business operations, and/or the public for twenty-four (24) hours in any single day, with no period of closure.
Accessory dwelling unit means a second permanent dwelling that is accessory to a legally constructed primary dwelling on the same site in a residential zoning district. A secondary unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Chapter 17.32.
Accessory retail uses means Retail sales shall not occupy more than ten percent of the total gross floor area of the structure(s) on a site and shall be incidental to the principal use except for professional pharmacies that are part of a medical office complex. the retail sales of various products (including food) in a store or similar facility that is located within a an health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.
Accessory structure means a detached structure which is incidental to a lawfully established principal structure on the same lot and used to support a lawfully established use.
Accessory use or structure means a use or structure subordinate to the principal use on the same lot as authorized by the specific zoning district and serving a purpose customarily incidental to the principal use, without altering the character of a lawfully allowed use the site or the premises established by the principal use district , as determined by the Community Development Director.
Adult means a person aged 18 or over.
Adult entertainment establishment. See Section 17.22.050.
Attachment 9
Affordable housing means a housing units affordable to families earning at or below 120 percent of the county median income, including very low, low, median and moderate income units. The specific affordability levels shall be established by resolution of the City Council. the Department of Housing and Community Development in the State Income Limits for San Benito County.
Agent means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.
Agriculture means farming, dairying, pasturage, apiaries, horticulture, viticulture and animal or poultry husbandry, but not including the commercial feeding of garbage or offal to swine or other animals.
Agriculture Employee Housing means living quarters for farm or agricultural laborers located on or adjacent to the agricultural operations.
Airport means an area used for aircraft landing, flight services, administration offices, terminals (executive and general), take-off, storage, and maintenance, including appurtenant airport related buildings, aircraft operations and related facilities, including aprons and taxiways, tie-down areas, hangers, control towers, and safety lights, communications equipment, and related structures.
Aircraft Chartering and Leasing means a company which provides a service where a company, individual or organization can hire the company to fly to a specific destination or where a licensed pilot can lease or rent a plane for personal uses.
Aircraft Fuel Facility means a facility which sells fuel or lubrication for use in aircrafts.
Aircraft Manufacturing means the manufacture of aircraft or aircraft components, electrical systems, parts or other items used on airplanes .
Aircraft Repair or Services means the repair of all components of an airplane or servicing of the airplane including washing, maintenance services or painting.
Aircraft Research and Design means a business involved in the design and testing of aircrafts and aircraft related components.
Aircraft Sales means the sale or leasing of an airplane or airplane components or accessories.
Air Cargo Facilities means a company which loads and moves goods by aircraft for profit.
Air Freight Terminal means a facility which loads goods onto planes for transport, but does not include the ownership of the planes.
Aircraft Parking, Tie-Down and Aircraft Hangers or Shelters means the parking, temporary locating, or storage of an aircraft within a structure or on a paved area.
Attachment 9
Alcohol Sales, Retail means the sale of beer, wine, and or liquor for consumption off site.
Alley means a public or private roadway that provides vehicle access to the rear or side of lots having other public street frontage and that is not intended for general traffic circulation.
Ambulance Services means an establishment which provides ambulance services for the public and includes office, storage and maintenance of ambulances, and temporary sleeping facilities for an ambulance crew.
Ancillary Deli or Café means the preparation and sale of food items such as snacks, sandwiches, coffee or specialty drinks, salads, etc. as an accessory use to a lawfully established primary use on the same site.
Animal Sales and Services means the following uses:
1. Animal kennels or boarding means facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals.
2. Animal sales and services means facilities which sells pets or provides grooming, pet washing, or similar services. The retails sales of pet goods and food is included within the general retail use.
3. Animal veterinary clinics and hospitals means an office and entirely indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.
Artist Studio means a facility where an individual(s) produces creative items for sale and/or display and includes pottery, photography, painting, sculpting or other similar mediums. Artist studios include creative spaces for production as well as an area for accessory retail sales.
Assembly Building or Site means a building or site that is primarily used for Assembly Use, including but not limited to religious assembly, gymnasiums, libraries, theaters, schools, and community centers.
Assembly Use means a use involving the gathering of persons to participate in group or common activity to observe a presentation, performance, or exhibition.
Auditorium means a large room to accommodate an audience for the purpose of speeches, theater and music productions or similar uses, fully enclosed within a building.
Auto, mobile home, vehicle and parts sales means retail establishments selling or renting new and used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet skis (except bicycles and mopeds, which are included under "Retail Stores, General Merchandise"). Also includes stores selling new parts, tires, and accessories. (Does not include tire recapping establishments, which are found under
Attachment 9
"Repair and Maintenance—Vehicle"). Does not include businesses dealing exclusively in used parts, which are included under "Recycling, Scrap and Dismantling Yards." Includes repair shops only when part of a dealership selling new vehicles on the same site. Does not include "Service Stations," which are separately defined.
Auto Rentals means a facility where a consumer can rent a vehicle for a fixed amount of time.
Automatic teller machine (ATM) means a machine used by bank and financial service patrons for conducting automated transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks or in other locations.
Automobile dismantling yard. See "Recycling, Scrap, and Dismantling Yards." Automobile repair. See "Repair and Maintenance, Vehicle." Automobile service station. See "Service Station."
Banks and financial services means financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and deale rs in securities and commodity contracts; security and commodity exchanges; mortgage brokers; holding (but not predominantly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies. See also "Automatic Teller Machine."
Bail Bonds means an establishment where an individual or agency acts as a surety and pledge money or property as bail for the appearance of a defendant in court.
Bars and drinking places means a structure or space within a structure where alcoholic beverages are sold for on-site consumption, separate from a larger restaurant and includes bars, taverns, pubs, billiard/pool halls, restaurants where more than 30 percent of the gross floor area is dedicated to a bar (including the bar and bar seating) and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music or dancing, etc.) with approval of a Conditional Use Permit. May also include beer brewing as part of a "brew pub." Bed and breakfast inn means a commercial facility designed to appear as a single- family dwelling where bedrooms without individual cooking facilities are rented for overnight lodging (up to 30 days total). This definition does not include "Hotels and Motels," which are defined separately; rooming and boarding houses, which are included under "Multifamily Housing;" or the rental of an entire residence for 30 days or more. Please refer to Section 17.22.080, Bed and Breakfast Inns, for requirements for these types of facilities.
Beauty Salon and Barber Shop means an establishment that provides hair cutting, styling, and similar services. In the Home Office Zoning District, these establishments are limited to two chairs and two employees operating at one time.
Building. See "Structure."
Attachment 9
Building material stores means a primarily indoor (in a commercial building) retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail Stores, General Merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready-mix concrete operations, when the area is not visible from the public right of way. Exterior storage as an ancillary use may be allowed with a Conditional Use Permit and requires screening from the public right of way. These stores may not be located within a mixed-use building. except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution." Building site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and use accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by this chapter, and having its principal frontage on a street, road, or highway not to include an alley.
Business support services means establishments primarily within structures, providing other businesses with services including maintenance, repair and service, testing, rental, etc. including blueprinting, business equipment repair (excluding vehicle repair), computer services, copy and printing services, film processing, on-site repairs, janitorial services, and window cleaning.
♦ Blueprinting
♦ Business equipment repair services (except vehicle repair, see "Repair and Maintenance—Vehicle")
♦ Commercial art and design (production)
♦ Computer-related services (rental, repair)
♦ Copying, quick printing, and blueprinting services
♦ Equipment rental businesses within buildings (rental yards are "storage yards and sales lots")
♦ Film processing laboratories
♦ Heavy equipment repair services where repair occurs on the client site ♦ Janitorial services
♦ Mail advertising services (reproduction and shipping ♦ Other "heavy service" business services
♦ Outdoor advertising services
Attachment 9
♦ Photocopying
♦ Photofinishing
♦ Protective services (other than office related)
♦ Soils and materials testing laboratories
♦ Window cleaning
Caretaker and employee housing means a temporary or permanent residence that is accessory to a nonresidential primary use of the site, where needed for security or 24- hour care or supervision.
Cargo container. See "Shipping Container."
Carport means a detached structure enclosed on two or fewer sides without a door used for storage of vehicles used by occupants of the premises.
Catering means an establishment where food is prepared and assembled for the delivery and off-site consumption of food at another location.
Cemeteries, columbariums and mortuaries means an internment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium.
Chemical plants means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes.
Establishments classified in this major group manufacture three general classes of products:
(1) Basic chemicals including acids, alkalizes, salts, and organic chemicals; (2) Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and (3) Finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives.
Also includes sales and transportation establishments handling the chemicals described above.
Child means a person under the age of 18.
Churches/places of worship means any religious organization facility operated for worship or promotion of religious activities, including churches and religious Sunday- type schools; and accessory uses on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the church itself, excluding other establishments maintained by
Attachment 9
religious organizations such as full-time educational institutions, hospitals and other potentially related operations (i.e., a recreational camp).
City means the city of Hollister, state of California, referred to in this Zoning Ordinance as "city."
City Council means the City Council of the city of Hollister, state of California, referred to in this Zoning Ordinance as "council."
Clothing factory means manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Custom ta ilors and dressmakers not operating as a factory and not located on the site of a clothing store ("General Merchandise Stores") are instead included under "Personal Services." Clubs and lodges means permanent meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, excluding commercial recreation and entertainment. This classification includes union halls, social clubs, community pools, and youth centers.
Chemical Plants means a facility which manufactures raw or refined chemicals for use in other industries. Does not include facilities which include the storage, manufacture, or use of hazardous materials.
Combined Zone or Zoning District shall have the same meaning as Mixed-Use Zone or Zoning District.
Commercial filming means the filming of an event, activity, music video, performances, movie, television show, or commercial on public or private property.
Commercial Recreation includes, the following use types. Ancillary sales of food and beverages or goods (related to the use) is allowed for all use types :
1. Commercial Recreation, Minor means establishments (under 25,000 square feet) which provide physical fitness services or amusement and entertainment and includes but is not limited to, bowling alleys, ice/roller skating rinks, billiard parlors, martial arts studios, indoor tennis or racquetball courts, dance studios, arcades, health and fitness clubs, exercise studios, boxing gyms, indoor games, indoor soccer, indoor hockey, indoor play or party centers, art classes or other indoor uses deemed similar by the Community Development Director.
2. Commercial Recreation, Major means establishments for uses also included in Minor Commercial Recreation which are greater than 25,000 square feet and establishments such as indoor sports arenas (where professional or semi-professional teams meet and where there is a charge for viewing), live theaters, live music establishments, roller derby facilities, bingo halls, indoor mini-golf, indoor go-kart racing other uses deemed similar by the Community Development Director.
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3. Commercial Recreation, Outdoor means establishments which include indoor and/or outdoor facilities which provide physical fitness services or amusement and entertainment and includes but is not limited to outdoor sport courts, baseball and football stadiums, golf courses, outdoor miniature golf, amusement parks, outdoor go-cart or similar racing, swimming pools, driving ranges, hunting and shooting clubs and other outdoor uses deemed similar by the Community Development Director.
Commercial zone or zoning district means any of the zoning districts that permit businesses selling good or providing services.
Commission. See "Planning Commission."
Common area means an area, or portion thereof, owned in common by all property owners of a subdivision. There may or may not be an open space easement over a common area.
Common interest development includes a condominium, community apartment project, planned development or stock cooperative, as provided by Section 1351 of the Civil Code.
Community apartment as defined in Section 1351 of the California Civil Code, means an estate in real estate consisting of an undivided interest in land coupled with the right of exclusive occupancy of any apartment located thereon.
Community apartment project as defined in Section 1351 of the California Civil Code and Section 11004 of the California Business and Professions Code, means a development consisting of two or more community apartments.
Community Care Facility means a 24 hour residential facility providing non-medial residential care and support for the elderly, sober living, handicapped, group living, dependent children, or those who need non-medical supportive services. Facilities which serve six (6) or fewer persons is considered to be a residential use and is permitted in the residential zoning districts. Facilities which serve 7 or more persons requires approval of a Conditional Use Permit.
Community centers means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, small indoor fitness centers, kitchen or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.
Concrete, gypsum and plaster production means manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products (e.g., plasterboard, etc.). A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores." Conditional use means a land use or activity that is not allowed as a matter of right within a zoning district.
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Conditional use permit means an approval issued to a landowner allowing a conditional use.
Condominium as defined in Section 783 of the California Civil Code, means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access, and if necessary, support.
Condominium project as defined in Section 1351 of the California Civil Code, means a development consisting of two or more condominiums.
Construction contractors yard means a storage area operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses including offices and repair facilities.
Community Care Facility means a 24 hour residential facility providing non-medial residential care and support for the elderly, sober living, handicapped, group living, depended children, or those who need non-medical supportive services. Facilities which serve six (6) or fewer persons is considered to be a residential use an d is permitted in the residential zoning districts. Facilities which serve 7 or more persons requires approval of a Conditional Use Permit.
Convenience Store means a small shop, corner store or mini-mart that sells a variety of household goods included food, groceries, beverages, toiletries, and other household goods.
Cottage Food means a home-based business, that is incidental to the residential use of the dwelling, where individuals produce and sell approved non-hazardous foods. A Cottage Food operation must operate in compliance with the Health and Safety Code and Chapter 11.5, Cottage Food Operations, of the California Retail Food Code.
Courier and Small Package Delivery means an establishment where a person or company delivers letters, small packages, or documents. Couriers include establishments which deliver by hand, vehicle, or bicycle.
Crop production means uses including production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms; associated crop preparation services and harvesting activities including but not limited to mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field of products grown on the premises.
Cultural institutions means organizations or businesses that preserve, promote, or advance culture, heritage, or the arts and includes the displaying or preserving objects
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of interest in one or more of the arts or sciences. This classification generally includes libraries, museums, archives, and art galleries where displayed objects are not intended for sale.
Day care means facilities that provide non-medical care and supervision of children or adults for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.
1. Child day care center facility means a commercial or nonprofit facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Includes day care centers, employer-sponsored child care centers, and family day care homes, as defined by Health and Safety Code Section 1596.750. These may be operated in conjunction with a school or church facility, or as an independent land use.
2. Family day care home means a home that regularly provides care, protection and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away.
3. Family child care home, large means a home that provides family day care for seven to 14 children, inclusive, including children under the age of ten years who reside at the home, as defined in Health and Safety Code Section 1597.465.
4. Family child care home, small means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as defined in Health and Safety Code Section 1597.44.3
5. Adult day health care facility means an organized day program of therapeutic, social and health activities and services provided to elderly persons with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care, as defined in Health and Safety Code Section 1570.7.
Density, gross means the number of primary residential dwellings per acre of land within a project site.
Department means the city of Hollister Community Development Department Development Services Department, referred to in this Zoning Ordinance as "Department."
Detached means any structure that does not have a wall or roof in common with another structure.
Developer means an owner, project proponent, or subdivider with a proprietary interest in a proposed or constructed project.
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Development means any construction activity or alteration of the landscape, its terrain contour or vegetation, including grading, paving and the erection or alteration of structures, alteration of an existing structure or land use, or establishment of a l and use, after the effective date of this Zoning Ordinance.
Development agreement means a contract between the city and an applicant for a development project, in compliance with Chapter 17.24.280 of this Zoning Ordinance and Sections 65864 et seq., of the Government Code.
Development standards means the provisions of this chapter that regulate the site planning and design of a proposed development or new land use, including but not limited to provisions for floor area ratio, height limits, landscaping, m inimum lot area and minimum building site area, off-street parking, setbacks, site coverage, signs, and standards for specific land uses.
Director means the Development Services Community Development Director of the city of Hollister or his/her designee.
District or zoning district means a portion of the city within which certain uses of land and buildings are prohibited or permitted according to development standards.
Drive-in and drive-thru sales means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast -food restaurants and drive-through pharmacies.
Drive-in and drive-thru service and sales means facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows in banks, drive-thru pharmacies, and facilities where food or other products may be purchased without leaving a vehicle. This service does not include:
automatic teller machines (ATMs) or service stations, which are separately defined, or car washes., which are included in the definition of "Repair and Maintenance —Vehicle." Donation Kiosk means an accessory structure, truck, bin, or other receptable designed for the donation of goods to a non-profit or for-profit organization. Donation Kiosks can be manned by an individual or designed so that donations can be made without assistance.
Dwelling or dwelling unit means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis, not including a motel, hotel, bed and breakfast or boarding house. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC). For specific types of dwelling units, please see “Residential Dwelling Unit.” Elderly means a person 55 years of age or older but also includes other adults who are chronically ill or impaired and who would benefit from adult day health care, as defined in Health and Safety Code Section 1570.7.
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Electrical and electronic equipment, instruments manufacturing means establishments engaged in the manufacturing or assembling of machinery, apparatus and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
♦ Appliances including stoves/ovens, refrigerators
♦ Aviation instrument
♦ Cleaners, sewing machines
♦ Electrical welding apparatus
♦ Electrical transmission and distribution equipment
♦ Electronic components and accessories, including semiconductors, integrated circuits, related devices
♦ Electronic instruments, components and equipment including calculators and computers
♦ Equipment for internal combustion engines
♦ Freezers, laundry equipment, fans, vacuum
♦ Industrial apparatus and controls
♦ Instruments for measurement, testing, analysis and control, and associated sensors and accessories
♦ Lighting and wiring equipment including lamps and fixtures, wiring devices, vehicle lighting
♦ Miscellaneous electrical machinery, equipment and supplies including batteries, X-ray apparatus and tubes, electro-medical and electrotherapeutic apparatus electrical
♦ Motors and generators
♦ Optical instruments and lenses
♦ Phonograph records and surgical, medical and dental instruments, equipment, and supplies photographic equipment and supplies ♦ Pre-recorded magnetic tape radio and television receiving equipment including television and radio sets
♦ Surveying and drafting instruments
♦ Telephone and telegraph apparatus
♦ Transformers, switch gear and switchboards
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Does not include testing laboratories (See "Research and Development" or "Soils and Materials Testing," etc.), which are defined under "Business Support Services," or "Research and Development Facilities Independent From Manufacturing," which is separately defined.
Emergency Shelter means a facility that provides temporary (30 days or less) housing for homeless individuals or families.
Equestrian facilities means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.
Equipment Sales, Services and Rentals, Indoor means a facility that sells or rents equipment, or the related repair or services thereof, to individuals or a business.
Equipment can include but is not limited to tools, restaurant equipment, forklifts, machinery, medical equipment and is contained entirely within a building. This use may also include the repair of equipment sold by the establishment. This type of facility is not permitted within a mixed-use building.
Equipment Sales, Services and Rentals, Outdoor means a facility that sells or rents equipment, or the related repair or services thereof, to individuals or a business, including the storage of equipment outside of a building. Equipm ent can include but is not limited to tools, construction equipment, forklifts, and machinery. This use may also include the repair of equipment sold or rented by the establishment. Outdoor facilities shall be screened from view by a wall or solid fence. This type of facility is not permitted within a mixed-use building.
Façade means that portion of any exterior elevation on the building extending from grade to top of parapet, or eaves, and the entire width of the building elevation.
Family means one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.
Farm equipment and supplies sales, indoor means establishments selling or renting agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching within an enclosed building. This type of facility is not permitted in a mixed-use building.
Farm Equipment and Supplies Sales, Outdoor means establishments selling or renting agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching which includes sales or storage of products, supplies, or equipment outside or in an unenclosed building.
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Fence means continuous physical barrier comprised of wood, wrought iron, chain link, masonry, concrete, or other similar materials as well as vegetation which provi des for separation between adjoining sites or areas within a site.
Financial services means establishments that provide banking, credit unions, loan services, security and commodities exchanges, and investment companies.
Floor area, gross. "Gross floor area" means the total area enclosed within a building, including closets, stairways, and utility and mechanical rooms, measured from the interior face of the walls.
Floor area ratio (FAR) means the total floor area of all buildings on a lot, divided by the area of that lot. For example, a building 3,000 square feet of floor area on a 10,000 square foot lot has a FAR of 0.30. See Figure 17.02-1 (Floor Area Ratio).
Figure 17.02-1 Floor Area Ratios
Figure 17.02-1 Floor Area Ratios
Food Processing means a commercial facility in which food is prepared, processed, packaged, or bottled for off-site sale or consumption.
Fuel and ice dealers means retail trade establishments primarily engaged in the sale to consumers of ice, bottled water, fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk.
Funeral Services means an establishment that provides a place for individuals to make funeral arrangements and includes space for memorials, visitations, or
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gatherings but does not include on-site cremation or burial services (see Cemeteries, columbariums and mortuaries for full service facilities).
Furniture and fixtures manufacturing means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."
Fortunetelling means an establishment where a person is engaged in the forecasting or prediction of the future by means of the occult, psychic power, divination, clairvoyance, prophesy, mindreading, palmistry, tarot reading, astrology, crystal gazing, reading of tea leaves or similar readings or predictions for pay.
Furniture, furnishings and equipment stores means stores primarily selling home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, movable spas and hot tubs. Also includes the retail sale of office furniture and large musical instruments.
Garage means an attached or detached accessory building used for the storage of vehicles or trailers by the occupants of the premises.
Garage or Yard Sale means the temporary sale of used household goods or items sold by the occupant of the residential dwelling where the sale occurs. Garage or Yard sales are permitted in residential zoning districts and are limited to three sales per year.
General plan means the city of Hollister General Plan, including all elements thereof and all amendments thereto, as adopted by the Council under the provisions of Sections 65300 et seq., of the Government Code.
Glass products factory means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations which are included under handicraft industries and small scale manufacturing.
Handicraft industries, small scale manufacturing means small scale manufacturing establishments not classified in another major manufacturing group, including jewelry, glass, musical instruments, toys, sporting and athletic goods, pens, pencils, and other office and artists materials; button, costume novelties, miscellaneous notions; brooms and brushes and other miscellaneous manufacturing industries.
Hazardous Materials means any substance that can cause harm to humans, animals, or the environment, either on their own or through interactions with other factors. This includes a wide range of items, including chemicals, radioactive materials, biological agents, or some physical substances.
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Hazardous Materials or Waste Facilities means any facility or land use that includes the production, storage, transport, or other use of hazardous materials.
Health/fitness club means fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges, other indoor sports activities and limited massage therapy that is incidental to the operation.
Height, building means the vertical distance from the average contact grade level of the building, "grade" as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
Home occupation means a business activity conducted entirely within or from an enclosed dwelling unless otherwise permitted in an accessory structure with a conditional use permit. See Section 17.22.130 (Home Occupations).
Hotel or motel means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (of less than 30 days). Hotels provide access from an interior walkway to most guest rooms that do not have kitchen facilities. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, meeting rooms, restaurants, breakfast rooms, etc.
Improvement means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto.
Indoor recreation centers means primarily indoor establishments providing amusement/entertainment services, including: arcades containing five or more coin operated amusements or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms; and pool and billiard rooms that are principal uses rather than being subordinate to a bar or restaurant; ice skating and roller skating.
Junkyard means the use of any outdoor space where waste, discarded or salvaged materials are stored or handled; including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged housing wrecking and structural steel materials and equipment, except when any such use is accessory and incidental to the permitted agricultural use.
Kennels and animal board means facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals.
Large family day care home. See "Day Care—Family Child Care Home, Large." Laundromat means self-service washing machines and dryers for public use.
Laundromats are considered to be a “Personal Service.”
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Laundries and dry cleaning plants means service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and on-site dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include laundromats coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "Personal Services."
Live Entertainment means in person entertainment or performances associated with an established business. Live entertainment includes karaoke, comedy clubs, musical acts (with or without amplified music), theatrical acts, cabaret, DJs, dance performances, or live performances deemed similar by the Community Development Director.
Live-Work Unit means properties where residential and commercial uses are allowed where the owner or renter of the unit both lives and operates a business with services or products available to the public on the property. Business operations include all permitted office and commercial uses within the zoning district as well as handicraft manufacturing and artist studios. Telecommuting or remote office work is not considered a live-work use.
Lot coverage means that portion of a lot or parcel building site which is occupied by any building or structure regardless of whether such building or structure is intended for human occupancy. Building and structures include all land covered by the principal dwelling unit, Accessory Dwelling Unit, SB-9 Unit, garages, and accessory structures where more than two sides are covered (such as detached garages, carports, sheds, patio covers, covered front porches). All lot coverage calculations are measured at ground level, second stories are not included within the lot coverage calculation.
Lot depth means the distance measured from the front property line to the rear property line, typically along the side property line. Where the lot has angled or irregular side or rear lot lines, the depth shall be measured from the midpoint of the front property line to the midpoint of the rear property line.
Lot or parcel means an area of real property under single ownership, its principal frontage on a street or right-of-way, and lawfully created and recorded as required by the Subdivision Map Act and city of Hollister ordinances, including this Zoning Ordinance. Types of lots include the following:
1. Corner lot. A lot located at the intersection of two or more streets, bounded on two or more sides by street lines. The front of a corner lot shall be defined by the location of the main entrance door of the primary structure on the parcel. For a commercial, mixed-use, or multifamily properties where the main entrance to a primary structure cannot be clearly determined, the front of the corner lot shall be established by the Engineering Division at the time at which the parcel is created, or through the address assignment, and shall be the street on which the parcel is addressed.
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2. Double frontage or through lot. A lot having a frontage on, and rights of vehicular access to, two parallel or approximately parallel streets. For the purposes of determining vehicular access to parallel streets pursuant to this definition, alleys are not streets.
3. Flag lot. An interior lot having access by a corridor having a street frontage of less than 20 feet in width.
4. Interior lot. A lot abutting only one street.
5. Key lot. The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.
Figure 17.02-2 Lot Types
Figure 17.02-2 Lot Types
Lot width means the width of the lot measured at right angles to its depth at a point midway between the front and rear lot lines. "Average lot width" means the average width of the lot throughout its full depth measured at right angles to the depth.
Figure 17.02-3 Lot Width
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Figure 17.02-3 Lot Width
Lumber and wood products manufacturing means processing and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes.
Includes: all types of milling operations and the turning and shaping of wood products on a manufacturing basis; the assembly of products including trusses and structural beams, wood containers, pallets and skids; and the assembly of factory-built and manufactured housing; and the wholesaling of basic wood products. This use type includes indoor storage only. Outdoor storage of any products falls under the Outdoor, Storage use category. Craft-type shops are included in "Handicraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "Building Material Stores."
Machinery manufacturing means the manufacturing of machinery and equipment for purposes and products including but not limited to the following:
♦ Bulldozers
♦ Carburetors
♦ Construction
♦ Conveyors
♦ Cranes
♦ Die casting
♦ Dies
♦ Dredging
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♦ Engines and turbines
♦ Farm and garden
♦ Food products manufacturing
♦ Gear cutting
♦ Heating, ventilation, air conditioningmanufacturing
♦ Industrial furnaces and ovens
♦ Industrial molds
♦ Industrial trucks and tractors
♦ Laundry and dry cleaning
♦ Materials handling
♦ Mining
♦ Oil field equipment
♦ Paper manufacturing
♦ Passenger and freight elevators
♦ Pistons
♦ Printing
♦ Pumps
♦ Refrigeration equipment
♦ Textile
♦ Upholstery
Medical offices. See "Medical Services—Clinics and Laboratories." Manufacturing means the process of turning raw materials or parts into finished products or parts, including processing, assembly, fabrication, treatment, and/or packaging of such products or parts. Examples include furniture assembly or production, cabinet making, textile manufacturing or large scale clothing assembly, wood product manufacturing, metal manufacturing and uses deemed similar by the Community Development Director. Does not include uses that contain or produce hazardous materials or waste, see Hazardous Materials or Waste Facilities.
Medical services—Clinics and laboratories means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These facilities include: medical, dental, and psychiatric offices (with more than one therapist or counselor and/or group therapy sessions) (counseling services by other than medical doctors or psychiatrists are included under "Offices"); medical and
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dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
Medical services—Extended care means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities with in-patient beds (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "Residential Care Homes."
Medical services—Hospitals means establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services having an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail uses (see the separate definition of "Accessory Retail Uses,") and emergency heliports.
Metal fabrication, machine and welding shops means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
Mixed-Uuse Ddevelopment or Building means the development of a site or structure with a combination of residential and commercial uses, as permitted by this chapter, in a single or physically integrated group of structures.
Mixed-Use Zone or Zoning District means any zoning designation where Mixed-Use Development is permitted by the General Plan land use designation, and shall mean all of the zoning districts labeled as “Combined Zones” in Section 17.02.030.
Mobile food vending facility or vending facility means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of produce or prepared and pre-packaged or unprepared and unpackaged food or foodstuffs of any kind, on any public street, alley or property or on any privately owned parcel or lot open to the public. shall have the same meaning as facilities permitted by Chapter 10.50 of the Municipal Code.
Mobile home means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing which is equipped for human habitation. For purposes of this chapter, a mobile home on a permanent foundation is considered a structure.
Mobile home park means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes for stays longer than 30 days.
Motel. See "Hotel or Motel."
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Natural grade means the contour of the ground surface before any grading (cut or fill).
Neighborhood Market means a small pedestrian-oriented store selling food and beverages (excluding alcohol sales) to the surrounding neighborhood.
Nonconforming lot means a lot of record that was legally created prior to the effective date of this Ordinance adoption of Ordinance 1038, codified in this title, but does not meet the current requirements of this chapter because the lot is of a size, shape, or configuration no longer allowed in the zoning district in which the site is located, as a result of the adoption of, or amendments to, this chapter.
Nonconforming structure means a structure that was legally constructed prior to the effective date of this Ordinance adoption of Ordinance 1038, codified in this title, but does not meet the current requirements of this Zoning Ordinance because the adoption of or amendments to the Zoning Ordinance made the structure nonconforming in its size, type of construction, location on its site, separation from other structures, number of parking spaces provided, or other features.
Nonconforming use means a use of land or structure that was legally established prior to the effective date of this Ordinance adoption of Ordinance 1038, codified in this title, but does not meet the current requirements of this Zoning Ordinance because the use is no longer allowed in the zoning district that applies to the site, as a result of the adoption of, or amendments to, this Zoning Ordinance.
Nursery means the retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other gardening item.
Offices means establishments including the following:
1. Business offices. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals"); and
2. Professional offices. Professional offices shall mean an office for the conduct of an administrative or professional services. These types of activities do not include the manufacture, storage, or retail sale of merchandise.
Professional offices include or government offices including but are not limited to accountants, advertising agencies, attorneys, brokerages, consultant services, counseling or therapy office where there is one patient and one licensed provider at one time, data processing, employment agencies, government offices, law offices, management services, architectural or engineering offices, support services, photography studios, and other offices deemed similar by the Community Development Director.
3. Office Parks. An office park is an area of land in which office buildings are grouped or built together and may be under separate or one ownership.
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Office parks typically include a consistent circulation pattern, common landscaping, and may include shared parking.
♦ Accounting, auditing and bookkeeping services
♦ Advertising agencies
♦ Architectural, engineering and surveying
♦ Attorneys broker auto mortgage stock
♦ Counseling services
♦ Court reporting
♦ Data processing and computer services
♦ Detective agencies and similar services
♦ Employment, stenographic, secretarial and word processing services ♦ Government offices including administrative offices, agency and administrative office facilities
♦ Insurance
♦ Management, public relations and consulting services ♦ Photography and commercial art studios
♦ Writers and artists offices outside the home
Does not include: medical offices, which are allowed under "Medical Services — Clinics and Laboratories."
Offices, temporary means a mobile home, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard. Temporary offices include a temporary on-site real estate sales office for a development project, temporary construction trailer, or a temporary business office in advance of permanent facility construction as authorized by Section 17.24.190 (Temporary Use Permits) for a maximum period of up to 360 days.
Organizational documents means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a project.
Outdoor commercial recreation means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "Parks, Playgrounds, Golf Courses); skateboard parks and water slides; go-cart and miniature auto race tracks; recreation equipment rental (e.g., nonhighway motor vehicles, roller skates); health and athletic clubs with
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predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including but not limited to bars and restaurants, fast -food restaurants, video game arcades, etc.
Outdoor retail sales and activities means permanent outdoor sales and rental establishments including autos, other vehicles and equipment, displays, exterior nurseries associated with a building, and other uses where the business is not conducted entirely within a structure. Sidewalk cafés within the public right -of-way and sidewalk cafés are subject to the requirements in Section 17.22.210 (Sidewalk Café).
Outdoor retail sales, temporary means temporary outdoor retail operations including: farmer's markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way. Vendors operating within the public right-of-way and are subject to the provisions of Section 17.22.160 (Outdoor Merchandise Displa y and Activity), the city of Hollister Municipal Code and applicable state and federal regulations.
Overlay district means a certain portion of the city wherein regulations relating to specific environmental, physical, or other characteristics (e.g., locational, economic, historical) are imposed in addition to those of the base district covering the land in question.
Paper products production means the manufacture of paper and paperboard (both from raw and recycled materials), and their conversion into products including paper bags, boxes, and envelopes. Also includes building paper and building board mills.
Parcel. See "Lot."
Paving and roofing materials production means the manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar.
Pawn Shop means a retail establishment whose business is lending money for property deposited at the shop, which remains at the shop until the property is redeemed or sold to another individual. The sale or lending of money for firearms is not permitted within this use type.
Person means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
Personal improvement services means services or facilities including, but not limited to, music or photography lessons, cooking schools, driving schools (excludes truck driving schools), and diet centers.
Personal services means establishments providing nonmedically related services, including beauty and barber shops; esthetician (no medical services), shoe repair shops;