Agenda packet — Hollister City Council, May 4, 2026 (part 1 of 2)

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Monday, May 4, 2026, 6:30 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Roxanne Stephens, Mayor Ana Cortez, City Manager Rudy Picha, Council Member, District 1 Jennifer P. Thompson, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Priscilla de Anda, Council Member, District 4

Gordon Machado, City Treasurer

As of January 1, 2023, the Levine Act (Government Code Section 84308) applies to City Council proceedings involving a license, permit, or other entitlement for use.

Pursuant to Government Code Section 84308, no Council Member shall accept, solicit, or direct a contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Council Member who has received a contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code Section 84308(d), any party to a covered proceeding before the Council is required, and any participant to such a proceeding is strongly urged, to disclose on the record of the proceeding any contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by them or their agent to any Council Member. The disclosure must include the name of the party or participant and any other person making the contribution, if any; the name of the recipient; the amount of the contribution; and the date the contribution was made.

The disclosure shall occur in the manner required under Government Code Section 84308 and any applicable state or local regulations, opinions, or policies. No party or their agent, and no participant or their agent, shall make a contribution of more than $500 to any Council Member during the proceeding or for 12 months after a final decision is rendered in that proceeding.

The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the requirements of the law.

NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following

recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.

The public may watch the meeting via live stream at:

City of Hollister Website
https://pub-hollister.escribemeetings.com/

Community Media Access Partnership (CMAP):
http://cmaptv.com/government/

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

Public Participation:

The public may attend meetings.

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

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between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or recorded or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

To access written translation during the meeting, please click this link:

Para acceder a la traducción durante la reunión, por favor haga clic en el enlace:

https://attend.wordly.ai/join/NLJC-7137
City of Hollister City Council Meeting

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1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.SPECIAL ORDERS OF THE DAY

4.1 OLDER AMERICANS' MONTH PROCLAMATION

4.2 POPPY MONTH PROCLAMATION

5.PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject.

Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

6.CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a member of the public. There will be one public comment period for all items on the Consent Agenda.

6.1 APRIL 20, 2026 REGULAR MEETING MINUTES

6.2 AN ORDINANCE REPEALING THE EXISTING CITY OF HOLLISTER ZONING MAP AND REPLACING WITH A NEW ZONING MAP CONSISTENT WITH THE 2040 GENERAL PLAN (ZOA 2026-2)
COUNCIL NEXT STEPS:

Adopt an ordinance to repeal and replace the Zoning Map consistent with the 2040 General Plan.

6.3 AN ORDINANCE APPROVING AMENDMENTS TO THE ZONING ORDINANCE RELATED TO IMPLEMENTATION OF THE GOALS AND POLICIES OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (ZOA 2026-1)
COUNCIL NEXT STEPS:

Adopt an ordinance amending the Zoning Ordinance to implement the goals and policies of the City’s 6th Cycle Housing Element.

6.4 AN ORDINANCE APPROVING PHASE 3 OF THE COMPREHENSIVE ZONING

ORDINANCE AMENDMENTS RELATED TO PERMITS AND PROCEDURES (ZOA 2025-4)
COUNCIL NEXT STEPS:

Adopt an ordinance amending the Zoning Ordinance approving the new permitting City of Hollister City Council Meeting

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Chapters of the Zoning Ordinance and related minor modifications.

6.5 A RESOLUTION OF INTENTION OF THE CITY COUNCIL TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2026/2027 AND SETTING THE PUBLIC HEARING
COUNCIL NEXT STEPS:

Adopt a resolution declaring the intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2026/2027 and setting the public hearing by the City Council for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2026/2027 for May 18, 2026 at 6:30 pm in the City of Hollister’s Council Chambers, 375 Fifth Street, Hollister, CA 95203.

7.PUBLIC HEARINGS

7.1 A RESOLUTION FOR THE 2026 WEED ABATEMENT PROGRAM
COUNCIL NEXT STEPS:

Hold a public hearing and adopt a resolution declaring the condition of certain properties to constitute a public nuisance and ordering the abatement of weeds thereon and conducting a hearing for the receipt of objection to the proposed abatement.

8.COUNCIL BUSINESS

8.1 A RESOLUTION APPROVING THE CREATION OF THE HUMAN RESOURCES,

RISK, AND TECHNOLOGY DIRECTOR POSITION
COUNCIL NEXT STEPS:

Adopt a resolution authorizing the creation of a new position under the title: Human Resources, Risk, and Technology Director.

8.2 A RESOLUTION APPROVING AN OUT-OF-JURISDICTION SEWER SERVICE AGREEMENT FOR THE PROPERTY AT 340 BRIDGEVALE
COUNCIL NEXT STEPS:

Adopt a resolution approving an out-of-jurisdiction sewer service agreement for 340 Bridgevale.

9.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.

9.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

9.2 COUNCIL REPORTS
Receive informational reports from the City Council

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

9.3 CITY MANAGER REPORT
Sewer•
City of Hollister City Council Meeting

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Water•

10.CLOSED SESSION

10.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Closed Session Pursuant to Government Code Section 54956.9 Ingrid G. Sywak, and Alexander Sywak vs. City of Hollister; Hollister City Council; and DOES 1-100; Case No. CU-25-00167

11.ADJOURNMENT

12.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister's regular meeting of May 4, 2026, was posted on the bulletin board at City Hall on Friday, May 1, 2026, per Government Code Section 54954.2.

City of Hollister City Council Meeting

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PUBLIC PARTICIPATION NOTICE
The public may attend meetings in person or watch meetings via live stream at:

City of Hollister Website:
https://hollister.ca.gov/government/agendas___minutes.php

Community Media Access Partnership (CMAP):
http://cmaptv.com/government/

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

If you wish to make a public comment remotely during the meeting, please use the Zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

To access written translation during the meeting, please scan the QR Code or click this link | Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

Use a headset on your phone for audio or read the transcript on your device. | Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

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PROCLAMATION
Proclaiming May 2026 as Older Americans’ Month
WHEREAS, in 1962, major Legislation was introduced in Congress to establish an independent and permanent Commission on Aging, with subsequent research revealing that there were more than 17 million Americans over the age of 65, including over 5.5 million living at the poverty level, with few health or human service programs available to help support them; and WHEREAS, in April of 1963, the National Council of Senior Citizens urged President John F.

Kennedy to shine a spotlight on the plight of older Americans and to develop programs to support them as they aged; and
WHEREAS, in response to the National Council of Senior Citizens’ recommendation, President Kennedy signed a Proclamation acknowledging the month of May as Senior Citizens Month, a designation later renamed by President Jimmy Carter, Older Americans Month; and WHEREAS, with the increased awareness of need, The Older Americans Act was signed into law on July 14, 1965. Whereby establishing the Administration on Aging within the Department of Health, Education, and Welfare, and calling for the creation of State Units on Aging. This act was considered one of the most important contributions of aging legislation enacted by Congress; and
WHEREAS, this year’s theme, “Champion Your Health,” focuses on prevention, wellness, and personal responsibility as cornerstones of healthy aging. It encourages older adults to take an active role in their health — advocating for themselves, accessing preventive care, and making informed decisions that support independence.

WHEREAS, the Aging and Long Term Care Commission of San Benito County, whose members are appointed by the San Benito County Board of Supervisors and who serve daily- witness to the belief that the strength of a community is determined by the passion, energy, trust, and accountability of its membership, to achieve a common goal; and WHEREAS, within its guidelines, the Commission, relative to addressing our seniors’ needs, studies problems and presents findings and recommendations; Advises local, state, and federal government departments and agencies regarding changes needed to improve the operation and efficiency of the local Long-Term Care system and the Adult Day Care system; Prepares, publishes, and disseminates information, findings, and recommendations regarding the well- being of older or functionally impaired adults; and
WHEREAS, the Commission actively participates in the development of plans and policies; Serves as the official San Benito County Interagency Committee of the local Area Agency on Aging, and serves as the official Advisory Committee to the establishment of a local No Wrong Door/Aging and Disability Resource Connection Program; and NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby proclaim May 2026 as Older Americans’ Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 4th day of May 2026.

______________________________
Roxanne Stephens, Mayor
ATTEST:

________________________________
Angie Gonzalez, Acting City Clerk

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PROCLAMATION

Declaring May as Poppy Month and
May 27, 2026 as National Poppy Day

WHEREAS, poppies are worn and displayed as a symbolic tribute to our fallen and the future of living veterans and servicemembers; and

WHEREAS, at the end of World War I, the American Legion Family adopted the poppy as a symbol of freedom and the blood sacrificed by troops in wartimes; and

WHEREAS, the use of the poppy symbolically comes from the poem In Flanders Fields, which movingly begins, “In Flanders Fields the poppies blow, between the crosses, row on row,” referring to the poppies that sprang up in the c hurned earth of battlefields across Belgium and France where soldiers died fighting; and

WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and

WHEREAS, the American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower.

NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, on behalf of the entire City Council, do hereby proclaim May 27, 2026, as National Poppy Day and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 4th day of May 2026.

__________________________
Roxanne Stephens, Mayor

ATTEST:

________________________________
Angie Gonzalez, MMC Interim City Clerk

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1 City Council of the City of Hollister
Minutes of the Regular Meeting

April 20, 2026, 5:30 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 5:48 p.m.

2. ROLL CALL
Mayor Stephens participated remotely under Just Cause Section 54953.8.3 (c)(2). Mayor Stephens announced there was no one in the the room with her over the age of eighteen.

3. PLEDGE OF ALLEGIANCE
Councilmember Picha led the Pledge of Allegiance.

4. COUNCIL BUSINESS

4.1 POLICY FRAMEWORK FOR FISCAL YEAR (FY) 2026-27 BUDGET

DEVELOPMENT
City Manager Ana Cortez provided the staff report.

Councilmember Morales requested additional information regarding the breakdown of employee costs to understand what portions are salary, benefits, overtime, etc.

Councilmember Morales requested additional information regarding the recommended 20% reserves stating it is a significant investment at this time.

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2 Councilmember Picha requested additional budgetary information be added to the City's website, including the 10-year Budget by Fund document provided to the Council.

Mayor Stephens opened public comment at 7:24 p.m.

Andres expressed concern regarding penalizing staff that have dedicated years to the City and stating the the City's costs will likely rise due to lawsuits.

Frank Garcia supported providing additional context regarding staff costs, such as rising health costs, inflation, etc.

Dave Brigantino spoke regarding lost economic development opportunities in Hollister and San Benito County due to regulations.

Joe Tonascia spoke regarding the need for the City to make it viable for businesses to come to the City and survive.

Carol Lenoir agreed with the comments shared by Andres.

Neil supported additional economic development in Hollister, especially in the technology sector.

Natalie Day provided comments.

Mayor Stephens closed public comment at 7:42 p.m.

By consensus, the City Council directed staff to move forward with the following budget framework recommendations:

1. Limit General Fund expenses to predictable, consistent sources.

2. Protect 20% General Fund Reserve.

3. Return with additional information regarding rescinding Resolution 2025-127 (adopted 9/15/25) authorizing 2.4M loan from Fund 661 to various funds through the General Fund.

4. Explore potential departmental realignments to eliminate redundancies, reduce excessive costs (overtime, consultants, etc.), secure new partnerships and/or gain efficiency.

5. Return with additional information regarding a proposed allocation of 2-6M for economic development initiatives and staffing, such as what will be possible at different funding levels.

6. Allocate 3M for beautification and quality of life projects.

7. Cover 3M FY25-26 General Fund deficit with FY26-27 revenues.

8. Present the new water rates in the FY26-27 budget to include General Fund repayments over several years.

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3 5. CLOSED SESSION REPORT
City Manager Ana Cortez stated no reportable action was taken in closed session on April 6, 2026.

The City Council recessed at 8:02 p.m. and reconvened at 8:09 with Councilmembers de Anda, Morales, Resendiz, and Mayor Stephens present.

6. SPECIAL ORDERS OF THE DAY

6.1 CALIFORNIA CITIES WEEK PROCLAMATION
Mayor Stephens presented the proclamation.

7. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Andres expressed concern regarding the City's current hiring practices.

Jon Coulter complemented the improvements to the Planning and Building Departments.

Megan Range introduced herself as the new Government Relations representative for Pacific Gas & Electric.

Timothy Pierson expressed concern regarding a recent decision by the Hollister Animal Control to declare his animals as dangerous dogs.

Julio Noriega supported commercial growth in Hollister and complemented the improvements to the Planning and Building Departments.

8. CONSENT ITEMS
Mayor Stephens opened public comment at 8:25 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 8:25 p.m.

Moved by: Council Member Picha
Seconded by: Council Member Morales
The consent calendar items are approved as presented.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda
Carried via roll call vote (5 to 0)

8.1 APPROVE APRIL 6, 2026 REGULAR MEETING MINUTES

8.2 A RESOLUTION APPROVING THE DRAFT ENGINEER’S REPORT

FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR
LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2026/2027

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4 Adopt a resolution approving the Draft Engineer’s Report, as filed, for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2026/2027

8.3 A RESOLUTION APPROVING THE REPLACEMENT OF THE

PAYROLL MANAGER CLASSIFICATION WITH PAYROLL ANALYST

AND TRANSFER THE PAYROLL FUNCTION FROM THE HUMAN
RESOURCES DIVISION OF THE CITY MANAGER’S OFFICE TO THE

FINANCE DEPARTMENT
Adopt a resolution approving the replacement of the Payroll Manager classification with Payroll Analyst and transfer the Payroll function from the Human Resources Division of the City Manager’s Office to the Finance Department.

9. PUBLIC HEARINGS

9.1 A RESOLUTION ADOPTING THE 2040 GENERAL PLAN AND

CLIMATE ACTION PLAN
Parks & Recreation Director Charles Wall provided the staff presentation.

Councilmember Morales suggested bringing Policy NRC-3.8 in the Climate Action Plan back at a later date for future review.

Mayor Stephens opened the public hearing at 8:59 p.m.

James Dassel requested the City Council modify the zoning for his parcels near the high school football field to require a lower density.

Dave Brigantino expressed concern regarding the policies governing the Union Road Special Planning Area.

Michael Brigantino expressed concern regarding the policies governing the Union Road Special Planning Area
Karson Klauer expressed concern regarding the lack of a presentation for the General Plan and associated elements.

Joe Tonascia expressed frustration regarding the General Plan Update process and its negative impacts on property owners.

Mayor Stephens closed the public hearing at 9:15 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

1. Adopt a resolution approving the 2040 General Plan; and

2. Adopt a resolution approving the Climate Action Plan.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda

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5 Carried via roll call vote (5 to 0)

9.2 A RESOLUTION ADOPTING A GENERAL PLAN AMENDMENT
REPEALING THE 5TH CYCLE HOUSING ELEMENT AND ADOPTING
THE HOLLISTER 6TH CYCLE (2023-2031) HOUSING ELEMENT IN

COMPLIANCE WITH STATE LAW
Mayor Stephens opened the public hearing at 9:31 p.m.

Chris Peto requested the Housing Element be updated to allow for his client's commercial project to move forward.

Mayor Stephens closed the public hearing at 9:35 p.m.

Councilmember Resendiz disclosed he had spoken with Mr. Peto regarding his project.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt a resolution adopting the City of Hollister’s 6th Cycle Housing Element.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried via roll call vote (5 to 0)

9.3 AN ORDINANCE REPEALING THE EXISTING CITY OF HOLLISTER

ZONING MAP AND REPLACING WITH ANEW ZONING MAP
CONSISTENT WITH THE 2040 GENERAL PLAN (ZOA 2026-2)
Mayor Stephens opened the public hearing at 9:36 p.m.

Chris Peto requested the Council consider the letter submitted regarding his client's property be designated as General Commercial.

Mayor Stephens closed the public hearing at 9:37 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Hold a public hearing and introduce an ordinance to repeal and replace the Zoning Map consistent with the 2040 General Plan.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried via roll call vote (5 to 0)

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6 9.4 AN ORDINANCE APPROVING AMENDMENTS TO THE ZONING

ORDINANCE RELATED TO IMPLEMENTATION OF THE GOALS AND
POLICIES OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (ZOA
2026-1)
Mayor Stephens opened the public hearing at 9:38 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 9:38 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Introduce an ordinance amending the Zoning Ordinance to implement the goals and policies of the City’s 6th Cycle Housing Element.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried via roll call vote (5 to 0)

9.5 AN ORDINANCE APPROVING PHASE 3 OF THE COMPREHENSIVE

ZONING ORDINANCE AMENDMENTS RELATED TO PERMITS AND
PROCEDURES (ZOA 2025-4)
Mayor Stephens opened the public hearing at 9:39 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 9:39 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member de Anda
Introduce an ordinance amending the Zoning Ordinance approving the new permitting Chapters of the Zoning Ordinance and related minor modifications.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried via roll call vote (5 to 0)

9.6 A RESOLUTION ADOPTING THE OBJECTIVE DESIGN STANDARDS

FOR MULTI-FAMILY AND RESIDENTIAL MIXED-USE DEVELOPMENT

PROJECTS WITHIN THE DOWNTOWN MIXED USE (DMU) ZONING

DISTRICT
Mayor Stephens opened the public hearing at 9:41 p.m.

There were no speakers for this item.

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7 Mayor Stephens closed the public hearing at 9:41 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member de Anda
Adopt a resolution approving the Objective Design Standards for multifamily and residential mixed-use development projects within the Downtown Mixed Use (DMU) Zoning District.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried via roll call vote (5 to 0)

10. COUNCIL BUSINESS

10.1 RENAMING A CITY PARK AND A CITY AVENUE
City Manager Ana Cortez provided the staff report and reported the community supported Si Se Puede Park and Camino Campisino.

Mayor Stephens opened public comment at 9:43 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 9:43 p.m.

11. INFORMATIONAL REPORTS

11.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

Councilmember Morales reported 3CE met to discuss the proposed battery storage plant. Integrated Waste Management met and discussed their budget and review of the Joint Powers Agreement.

Councilmember Resendiz reported he attended the San Benito County Council of Governments meeting where the expansion of Highway 2 5 and improvements to the current highway were discussed.

Mayor Stephens also reported on the San Benito County Council of Governments meeting, the recent LAFCO meeting, and her meeting with a representative from Amazon.

Councilmember Picha reported on a meeting he had with Hollister High School Superintendent Shawn Tennenbaum and Karson Klauer regarding the need for an additional high school.

11.2 COUNCIL REPORTS

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

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8 Mayor Stephens - Business Advisory Commission Bylaws - Discuss and Update
By consensus, the City Council directed staff to bring an item back to discuss possible revisions to the Business Advisory Commission bylaws.

11.3 CITY MANAGER REPORT
 Rally Promotion Timeline
 Senior Center Status Report
 Sewer
 Water
City Manager Ana Cortez reported she will send a written report to the Council.

12. ADJOURNMENT
Mayor Stephens adjourned the meeting at 10:00 p.m.

Jennifer Woodworth, City Clerk

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 4, 2026
REPORT # Community Development-2026-38

AGENDA ITEM: AN ORDINANCE REPEALING THE EXISTING CITY OF

HOLLISTER ZONING MAP AND REPLACING WITH A NEW ZONING MAP CONSISTENT WITH THE 2040 GENERAL PLAN (ZOA 2026-2)

DEPARTMENT: Community Development
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director

COUNCIL NEXT STEPS: Adopt an ordinance to repeal and replace the Zoning Map consistent with the 2040 General Plan.

DISCUSSION: On April 20, 2026, the City Council introduced an ordinance to repeal the existing map and replace it with a new Zoning Map consistent with the 2040 General Plan. The ordinance was introduced by the following vote: Ayes: Councilmembers Picha, Resendiz, Morales, de Anda, and Mayor Stephens; Noes: None; Absent: None; Abstained: None.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: This ordinance was introduced at the April 20, 2026 City Council Meeting.

CEQA: The updates to the Zoning Map are consistent with the Environmental Impact Report that was prepared for the adoption of the 2040 General Plan (SCH No. 2021040277).

ATTACHMENTS:

1. Ordinance 1274

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Page 1 of 2 ends

ORDINANCE NO. 1274

AN ORDINANCE OF THE CITY OF HOLLISTER REPEALING THE

EXISTING CITY OF HOLLISTER ZONING MAP AND REPLACING IT
WITH A NEW ZONING MAP CONSISTENT WITH THE 2040 GENERAL
PLAN (ZOA 2026-2)

WHEREAS, the City of Hollister has adopted the City of Hollister 2040 General Plan which contains updates to the land use designations for property located within the City of Hollister city limits; and

WHEREAS, in response to the adoption of the 2040 General Plan, the City has prepared an update to the Official Zoning Map to ensure consistency between the General Plan land use designations and Zoning designations for those properties; and

WHEREAS, the Zoning Map amendments have been prepared consistent with the certified Environmental Impact Report for the Hollister 2040 General Plan, Climate Action Plan, and Agricultural Lands Preservation Program (SCH No. 2021040277); and

WHEREAS, the City Council held a duly noticed public hearing on April 20, 2026 to introduce the ordinance for consideration.

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

SECTION 1. ZONING MAP. The Official Zoning Map of Title 17, Zoning, of the Hollister Municipal Code adopted on December 15, 2008 (Ordinance 1038), as amended, for all that real property situated in the corporate limits of the City of Hollister, County of San Benito, is hereby repealed and replaced with the map shown in Exhibit A, attached hereto and incorporated into this ordinance by this reference with modification to amend the zoning designation of parcel APN 052-090-045 to General Commercial.

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

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

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

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Ordinance No. 1274

Page 2 of 2 ends

INTRODUCED at a regular City Council meeting on April 20, 2026 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on May 4, 2026 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 Jennifer P. Thompson, City Attorney

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1274 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 May 4, 2026, 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 May 4, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Page 20 of 230 ends

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 4, 2026
REPORT # Community Development-2026-39

AGENDA ITEM: AN ORDINANCE APPROVING AMENDMENTS TO THE ZONING

ORDINANCE RELATED TO IMPLEMENTATION OF THE GOALS AND POLICIES OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (ZOA 2026-1)

DEPARTMENT: Community Development
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director

COUNCIL NEXT STEPS: Adopt an ordinance amending the Zoning Ordinance to implement the goals and policies of the City’s 6th Cycle Housing Element .

DISCUSSION: On April 20, 2026, the City Council introduced an ordinance amending the Zoning Ordinance to implement the goals and policies of the City’s 6th Cycle Housing Element. The ordinance was introduced by the following vote: Ayes:

Councilmembers Picha, Resendiz, Morales, de Anda, and Mayor Stephens; Noes:

None; Absent: None; Abstained: None.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: This ordinance was introduced at the April 20, 2026 City Council Meeting.

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

ATTACHMENTS:

1. Ordinance 1275

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Page 1 of 44 ends

ORDINANCE NO. 1275

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING

AMENDMENTS TO THE ZONING ORDINANCE RELATED TO
IMPLEMENTATION OF THE GOALS AND POLICIES OF THE CITY’S
6TH CYCLE HOUSING ELEMENT (ZOA 2026-1)

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

WHEREAS, the City is proposing to repeal and replace Chapters 17.04, Residential Zoning Districts, and Chapter 17.08, Commercial Zone Lane Use and Permit Requirements and replace with Chapter 17.04, Residential Zoning Districts, Chapter

17.07, Mixed-Use Zoning Districts, Chapter 17.08, Commercial Zoning Districts, Section

17.16.142, Residential Open Space Requirements, and Chapter 17.30, Design Standards; and

WHEREAS, the purpose of the proposed amendments is to comply with the Housing Accountability Act, remove subjective design standards, comply with sta te housing law, comply with the upzoning requirements of the City’s 6th Cycle Housing Element and 2040 General Plan; and

WHEREAS, the proposed modifications further implement the Goals and Policies of the City’s 6th Cycle Housing Element including Housing Element Policy Action H1.3, 6th Cycle RHNA Strategy; Policy ActionH2.1, Objective Design Standards; Policy Action H3.1, Variety of Housing Choices; Policy Action H3.8, Remove Development Constraints; Policy Action H5.2, Agricultural and Employee Housing; Policy Action H5.7, Emergency, Transitional and Supportive Housing; Policy Action H5.8, Housing for Persons with Disabilities; and Policy Action H5.10, Residential Care Homes; and

WHEREAS, the Planning Commission held a duly noticed public hearing on March 26, 2026, and adopted Resolution No. 2026-5 recommending the adoption of Zoning Ordinance Amendment 2026-1 to the City Council; and

WHEREAS, on April 20, 2026, the City Council held a duly noticed public hearing to consider the adoption of Zoning Ordinance Amendment 2026-1; and

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

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Ordinance No. 1275

Page 2 of 44 ends

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

SECTION 1. Chapter 17.04, Residential Zoning Districts, is hereby repealed in its entirety and replaced with Chapter 17.04, Residential Zoning Districts (Exhibit A), attached to this ordinance and incorporated herein by this reference.

SECTION 2: Chapter 17.08, Commercial Zone Land Use and Permit Requirements, is hereby repealed in its entirety and replaced with Chapter 17.07, Mixed-Use Zoning Districts (Exhibit B) and Chapter 17.08, Commercial Zoning Districts (Exhibit C), attached to this ordinance and incorporated herein by this reference.

SECTION 3: Section 17.16.142, Residential Open Space Requirements is hereby added to the Zoning Ordinance, as attached to this ordinance as Exhibit D and incorporated herein by this reference.

SECTION 4: Chapter 17.30, Design Standards is hereby added to the Zoning Ordinance, as attached to this ordinance as Exhibit E and incorporated herein by this reference.

SECTION 5. 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 6. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 7. 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 April 20, 2026 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on May 4, 2026 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

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Ordinance No. 1275

Page 3 of 44 ends

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

______________________________ _______________________________ Jennifer Woodworth, MMC, City Clerk Jennifer P. Thompson, City Attorney

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1275 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 May 4, 2026, 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 May 4, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Page 24 of 230 ends

Ordinance No. 1275

Page 4 of 44 ends

EXHIBIT A

Chapter 17.04 – Residential Zoning Districts

17.04.010 – Purpose

The purpose of this Chapter is to establish regulations which achieve the following:

A. Reserve adequate areas for residential living, including spaces for single -family and multi-family dwelling units to provide a variety of housing types within the City.

B. Ensure that land which is designated for residential uses are developed with residential dwelling units at a density which is consistent with the General Plan.

C. To preserve existing and new single-family residential neighborhoods.

D. To ensure adequate light, air, privacy, and open space for each dwelling.

17.04.020 – Residential Zoning Districts

The following residential zoning districts are located within the City of Hollister.

A. R-E (Residential Estate) District. The Residential Estate (R-E) Zoning District is intended to provide for very low intensity residential development on larger parcels located with the City’s Sphere of Influence and where parcels are not served by City infrastructure. The R-E Zoning District is consistent with the Residential Estate (RE) land use category of the General Plan which allows 0.2 to 1 dwelling unit per gross acre.

B. R-1 (Low Density Residential) District. The Low Density Residential (R-1) Zoning District is intended for single-family neighborhoods which can include attached and detached single-family dwelling units, duplexes, duets and triplexes.

The R-1 Zoning District is consistent with the Low Density Residential (LDR) land use category of the General Plan which allows six (6) to ten (10) dwelling units per gross acre.

C. R-MH (Mobile Home Park) District. The Mobile Home Park (R-MHP) Zoning District is intended to provide land for longer term living, with stays greater than 30 days, in mobile and manufactured homes. This Zoning District is consistent with the Medium Density Residential land use category of the General Plan and allows 11 to 29 dwelling units per gross acre and the West Gateway land use designation.

D. R-M (Medium Density Residential) District. The Medium Density Residential (R- M) Zoning District provides for medium and medium- to high-density multi-family residential development. This can include townhomes, duplexes, duets, apartments, triplexes, and fourplexes and does not allow for new single family

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Ordinance No. 1275

Page 5 of 44 ends

(detached) residential dwellings. The R-M District is consistent with the Medium Density Residential land use category of the General Plan and allows 11 to 29 dwelling units per gross acre.

E. R-H (High Density Residential) District. The High Density Residential (R-H) Zoning District provides for high-density residential development at densities from 30 to 65 dwelling units per gross acre. This category provides opportunities for multi-family, high density residential development. The R-M Zoning District is consistent with the High Density Residential (HDR) land use category of the General Plan.

F. R-OTM (The Old Town Medium) District. The Old Town Zoning Districts (Medium and High) applies to the residential neighborhoods that include the original town of Hollister, as laid out by the San Justo Homestead Association, its early subdivisions, and adjacent older residential areas. Within this district are numerous lots of unusual size and shape, many of which were originally designed to accommodate stables, barns and other outbuildings. In addition, many areas of this district are occupied by a varied mix of residential types and densities. The majority of the housing stock was constructed prior to World War II. Some of the homes in this district are listed in the National Monterey Street Historic District. The Old Town Medium (R-OTM) Zoning District is consistent with the Medium Density Residential land use category of the General Plan with residential development densities from 11 to 29 dwelling units per gross acre. The Old Town Medium District provides for infill development of small lots with attached and detached single family dwellings (which meet density requirements), duplexes, duets, and multi-family dwellings.

G. R-OTH (The Old Town High) District. The Old Town High District is consistent with the description of the land within the R-OTM District, above. The Old Town High (R-OTH) Zoning District is intended for infill development or redevelopment of sites with high density, multi-family residential developments. The R-OTH District consistent with the High Density Residential land use category of the General Plan with 30 to 65 dwelling units per gross acre.

H. R-WF (West Fairview Road) District. The R-WF (West Fairview Road) District establishes zoning regulations for the area defined by the West Fairview Road Specific Plan. The West Fairview Road Specific Plan provides for comprehensive land use, circulation and infrastructure plans, development and design policies, housing strategies and implementation programs for guiding and ensuring the orderly development of the Plan area.

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Ordinance No. 1275

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17.04.030 – Land Uses and Permit Requirements
Table 17.04-1 identifies the permitted and conditionally permitted uses of land for each residential zoning district within the City.

Table 17.04-1 Residential Land Uses and Permit Requirements

Land Use R-E R-1 R-MH RM R-

OTM R-H R-
OTH
R-
WF
Residential Uses
Accessory Structures –
Less than 16 feet in height P P P P P P P P
Accessory Structures –
Greater than 16 feet in
height

CUP CUP CUP CUP CUP CUP CUP CUP
Agricultural Employee
Housing
1-6 Employees
7 or More Employees

P
MCUP

P
P

NP
NP

NP
NP
Apartments NP NP NP P P P P P
Condominiums1 NP NP NP P P P P NP
Duets NP P NP P P P P P
Duplex3 NP P NP P P P P P
Manager’s Unit5 P P P P P P P P
Manufactured Home2 P P P P P NP P P
Mobile Home2 P P P P P NP P P
Mobile Home Parks P P P NP NP NP NP NP
Accessory Dwelling Unit ADU ADU NP ADU ADU ADU ADU ADU
Single-Family – Attached NP NP NP P P P P NP
Single-Family – Detached P P NP P P NP NP4 P
Triplex, Fourplex NP NP NP P P P P P
Commercial Uses
Bed and Breakfast Inns NP NP NP NP CUP NP CUP NP
Animal Kennels and
Boarding CUP NP NP NP NP NP NP NP
Neighborhood Market CUP CUP CUP CUP CUP CUP CUP NP
Services, Public and Semipublic
Ambulance Services NP NP NP NP NP NP NP NP
Clubs and Lodges CUP CUP NP NP CUP NP CUP NP
Community Care Facility
6 or Fewer
7 or More

P
CUP

NP
NP

P
CUP

P
CUP
Cultural Institutions CUP MCUP NP NP CUP NP CUP NP
Child Day Care Centers CUP CUP CUP CUP CUP CUP CUP CUP

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Ordinance No. 1275

Page 7 of 44 ends

Land Use R-E R-1 R-MH RM R-

OTM R-H R-
OTH
R-
WF
Residential Uses
Family Day Care P P P P P P P P
Medical Services - Hospital CUP CUP NP NP NP NP NP NP
Parks and Recreation
Facilities CUP CUP NP CUP CUP CUP CUP CUP
Public Utility or Safety
Facilities CUP CUP NP CUP CUP CUP CUP CUP
Religious Assembly P P NP P P P P P
Supportive Housing P P P P P P P P
Transitional Housing P6 P6 P6 P6 P6 P6 P6 P6
Schools
College and University
Primary
Secondary
Specialized Education
and Training
Vocational and Trade

NP
CUP
CUP
NP

NP
NP
NP
NP

NP
CUP
CUP
NP

NP
Telecommunication Facility 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.

CUP Conditional Use Permit required with review by the
Planning Commission.

MCUP Minor Conditional Use Permit required with approval by the Community Development Director with review by the
Development Review Committee (DRC).

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 in all residential zoning districts with the exception of homes in the R -MH (Mobile Home Park) District. Mobile and/or manufactured homes must comply wit h the development standards of the zoning district in which the property is located and the minimum development density identified in the General Plan.

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Ordinance No. 1275

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(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 in accordance with Chapter 17.112, Nonconforming Uses and Structures.
(5) A Manager’s Unit is required to support all multi-family residential developments with 25 or more dwelling units. A Manager’s Unit is not calculated as part of the density of the site.
(6) Transitional Housing shall be permitted in any zoning district where residential uses are allowed and shall be subject to the requirements of other residential uses of the same type in the same zoning district.

17.04.040 – Development Standards

Table 17.04-2 identifies the development standards for all residential zoning designations, with the exception of the R-WF (West Fairview Road) Zoning District standards which can be found in Section 17.04.050.

Table 17.04-2 – Residential Development Standards

Standard R-E R-1 R-MH R-M R-OTM R-H R-OTH
Lot Dimensions
Minimum Lot
Width 60 Feet 50 Feet 50 Feet 60 Feet 50 Feet 60 Feet 50 Feet Density
Density (per
gross acre) 0.2 to 1
DU/A
6 to 10
DU/A
11 to 29
DU/A
11 to 29
DU/A
11 to 29
DU/A
30 to 65
DU/A
30 to 65
DU/A
Coverage
Lot
Coverage
(Maximum)
40% 50% 60% 50% 50% 60% 60%
Height
Building
Height 30 Feet 30 Feet 35 Feet 35 Feet 30 Feet 60 Feet 50 Feet Accessory
Structure
Height
16 Feet
or up to
Building
Height
16 Feet
or up to
Building
Height
16 Feet
or up to
Building
Height
16 Feet
or up to
Building
Height
16 Feet
or up to
Building
Height
16 Feet
or up to
Building
Height
16 Feet
or up to
Building
Height

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Ordinance No. 1275

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with CUP with CUP with CUP with CUP with CUP with CUP with CUP Setbacks
Front Yard Residenc
e: 18
Feet
Garage:
20 Feet
Residenc
e: 18
Feet
Garage:
20 Feet
15 Feet 15 Feet 15 Feet 15 Feet 15 Feet
Side Yard
Interior Lot 6 Feet 6 Feet 10 Feet 10 Feet 5 Feet 10 Feet 10 Feet Side Yard
Corner Lot 14 Feet 14 Feet 10 Feet 10 Feet 10 Feet 10 Feet 10 Feet Rear Yard 20 Feet 15 Feet 15 Feet 10 Feet
to
property
line or if
adjacent
to an
alley,15
Feet to
the
centerline
10 Feet
to
property
line or if
adjacent
to an
alley,15
Feet to
the
centerline
10 Feet
to
property
line or if
adjacent
to an
alley,15
Feet to
the
centerline
10 Feet
to
property
line or if
adjacent
to an
alley,15
Feet to
the
centerline
Additional Standards
Common
Usable Open
Space
See Section 17.16.142
Design
Standards See Chapter 17.30
Landscaping See Section 17.16.080
Parking See Chapter 17.18

17.04.060 – West Fairview Road (R-WF) Zoning District

A. Purpose. It is the intent of the West Fairview Road Specific Plan to provide for a residential community utilizing a variety of housing types and densities.

Regulations for development and improvements within the R -WF Zoning District can be found in the West Fairview Road Specific Plan, adopted by the City Council on February 17 and March 16, 1998, and as amended, as well as in subsection (B) below.

B. Development Standards. Development and improvements within the West Fairview Zoning District shall comply with the adopted Specific Plan, as amended, and the following requirements. The development standards are broken up by size of lot which is based on the average lot size within each development.

Table 17.04-6 West Fairview Road Development Standards

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Ordinance No. 1275

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Standard Large Single-
Family
Standard
Single-Family
Small Single-
Family
Multi-Family
Lot Dimensions
Minimum Lot
Size
20,000 Sq. Ft. 6,000 Sq. Ft. 5,000 Sq. Ft. N/A
Setbacks
Front 25 ft. 18 ft., 20 ft. to
garage, 20 ft.
average
15 ft. to
structure, 20 ft.
to garage
15 Feet
Side Interior
Lot
10 Feet 6 Feet 5 Feet 10 Feet
Side Corner
Lot
15 Feet 15 Feet 15 Feet 10 Feet
Rear 25 ft. 15 ft., 20 ft.
average
15 ft. 10 Feet
Coverage
Site
Coverage
30% maximum 40% maximum 50% maximum 50%
Height
Height Limits 30 Feet 30 Feet 30 Feet 40 Feet
Accessory
Structure
Height
16 Feet 16 Feet 16 Feet 16 Feet
Other Standards
Parking
Required
2 Car garage (3
car garage
maximum)
2 Car Garage 2 Car Garage Chapter 17.18
Landscaping See Specific Plan
Common
Usable Open
Space
See Section17.16.142

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Ordinance No. 1275

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EXHIBIT B

Chapter 17.07 – Mixed-Use Zoning Districts

17.07.010 – Purpose

The purpose of this Chapter is to establish regulations which achieve the following:

A. Provide space within the City that promotes mixed-use developments to provide commercial uses and services to meet the needs of the residents in the surrounding area.

B. Ensure high standards of site planning and landscape design for mixed -use developments.

C. Ensure that new structures, redevelopment of an existing structure, or projects located within the West Gateway, Downtown Mixed-Use, and Neighborhood Mixed-Use Zoning Districts 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.

D. Ensure that the residential portion of new mixed -use or redeveloped structures comprises at least 50 percent of the floor area of all uses combined and meet the required residential density of the land use in the General Plan and Zoning Ordinance

E. Ensure projects are designed so that they do not create noise, traffic or privacy impacts on adjacent residential properties.

17.07.020 – Mixed-Use Zoning Districts

The following mixed-use zoning districts are located within the City of Hollister.

A. DMU (Downtown Mixed-Use) District. The Downtown Mixed-Use (DMU) Zoning District provides for a vertical or horizontal combination of commercial and residential uses around the central core of the community. The designation is intended to encourage ground floor, pedestrian friendly, retail sales and service uses with upper floors of office and residential uses. The DMU District is a unique destination with restaurants, theaters, boutique retail, neighborhood convenience stores, specialty stores, medical and dental offices, and residential uses. New projects or the redevelopment of existing structures shall include a mixture of commercial and high-density residential uses with at least 50 percent of the total floor area to be dedicated to residential space. The DMU Zoning D istrict is

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consistent with the Downtown Commercial and Mixed Use (DMU) land use category of the General Plan which allows 30 to 125 dwelling units per gross acre.

B. NMU (Neighborhood Mixed-Use) District. The Neighborhood Mixed-Use (NMU) Zoning District provides for pedestrian-oriented commercial uses of low intensity and of a neighborhood character which serves the convenience commercial and service needs of nearby residents. New projects or the redevelopment of existing structures shall include a mixture of commercial and high-density residential uses with at least 50 percent of the total floor area to be dedicated to residential space.

The NMU Zoning District is consistent with the Mixed-Use Commercial and Residential (MU) land use category of the General P lan which allows 30 to 65 dwelling units per gross acre.

C. NG (North Gateway) District. The North Gateway (NG) Zoning District is intended to encourage large-scale retail commercial uses, office park, and service-oriented businesses along the north entrance to Hollister along the Highway 25 and San Felipe Road corridors. The North Gateway District provides an opportunity for the assembly of larger parcels for the development of larger retail commercial, mixed - use and/or office park uses on an entry boulevard to the City that is not available in most other commercial Zoning Districts in Hollister. Mixed -uses are allowed within this Zoning District but are not required. The NG Zoning District is consistent with the North Gateway Commercial (NG) land use catego ry of the General Plan which allows 30 to 65 dwelling units per gross acre. Development within the NG must also conform to the design guidelines for Special Planning Areas in the General Plan.

D. WG (West Gateway) District. The West Gateway (WG) Mixed-Use Zoning District provides for a series of parcels with neighborhood commercial and multifamily residential uses as a retail-oriented entry boulevard at the west entrance to the city of Hollister near the San Benito River. The designation is intended to provid e convenience services to regional traffic on Highway 156, encourage community shopping, retail and offices with medium to high density residential uses. New projects or the redevelopment of existing structures shall include a mixture of commercial and high-density residential uses with at least 50 percent of the total floor area to be dedicated to residential space. The WG Zoning District is consistent with the West Gateway Mixed Use (WG) land use category and the West Gateway Special Planning Area of the General Plan which allows 30 to 65 dwelling units per gross acre. Development within the WG must also conform to the design guidelines for Special Planning Areas in the General Plan.

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17.07.030 – Land Uses and Permit Requirements

Table 17.08-1 identifies the permitted and conditionally permitted uses of land for each commercial zoning district within the City.

Table 17.07-1 – Mixed-Use Land Uses and Permit Requirements

Land Use DMU NMU NG WG
Commercial Uses
24 Hour Operations CUP CUP CUP CUP
Alcohol Sales (Retail) CUP CUP CUP CUP
Ambulance Services CUP MCUP MCUP MCUP
Ancillary Deli or Café P P P P
Animal Kennels or Boarding NP CUP CUP CUP
Animal Sales and Services NP P MCUP P
Animal Veterinary Clinics and
Hospitals CUP MCUP MCUP MCUP
Artists’ Studios P P P P
Automated Teller Machine MCUP MCUP MCUP MCUP
Bail Bonds CUP NP CUP NP
Bars and Night Clubs CUP CUP CUP CUP
Bed and Breakfast Inns CUP CUP CUP CUP
Building Material Store
Indoor
Ancillary Outdoor
Storage/Display

P
P

P
CUP

P
CUP
Business Support Services P P P P
Catering Services P P P P
Commercial Filming P P P P
Commercial Recreation
Minor
Major
Outdoor

MCUP
CUP
CUP

MCUP
CUP
CUP
Donation Kiosk NP MCUP MCUP MCUP
Drive-Thru Service and Sales CUP CUP CUP CUP
Equipment Sales, Services,
and Rentals – Indoor NP P P P
Farm Equipment Sales and
Supplies – Indoor NP P P P
Financial Services P P P P
Fuel and Ice Dealers NP CUP CUP CUP
Funeral Services CUP CUP CUP CUP
Hotels and Motels CUP CUP P CUP
Laundries and Dry-Cleaning
Plants CUP CUP CUP CUP

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Ordinance No. XXXX

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Land Use DMU NMU NG WG
Laundromat NP P P P
Live Entertainment (Excluding
Adult Entertainment) MCUP MCUP MCUP MCUP
Live-Work Units
One to Two Units
Three or More Units

P
MCUP

NP
MCUP

P
MCUP
Nursery P P P P
Offices
Business and Professional
Office Parks

P
NP

P
P

P
NP
Pawn Shop NP CUP NP NP
Personal Services P P P P
Personal Improvement
Services P P P P
Printing and Publishing
Limited
Unlimited

P
NP

P
CUP

P
CUP
Recreational Vehicle Parks (1) NP NP CUP NP
Recycling Facilities
Minor
Major

MCUP
CUP

MCUP
CUP
Repair and Maintenance –
Consumer Products CUP CUP MCUP CUP
Research and Development NP NP CUP CUP
Restaurant
Restaurant
With Drive-Thru or Drive-
In
With Outdoor Dining

P
NP

MCUP

P
CUP

MCUP

P
CUP

MCUP

P
CUP

MCUP
Retail Sales
Indoor
With Outdoor Display
and/or Storage
P
NP
P
CUP

P
CUP

P
CUP
Secondhand or Consignment
Stores P P NP P
Shopping Centers NP P P P
Tasting Room P P P P
Tattoo or Body Piercing
Parlors P P NP P
Wholesale Bakery NP NP CUP NP
Vehicle Related Sales and Services
Brokerage P P P P
Car Wash, Detailing NP CUP CUP CUP
Service Stations NP CUP CUP CUP

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Ordinance No. XXXX

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Land Use DMU NMU NG WG
Vehicle Repair Facility 2
Minor
Major

NP
NP

MCUP
CUP

CUP
CUP
Vehicle Sales3
Indoors
Outdoors

MCUP
NP

P
NP

P
CUP

P
NP
Vehicle Storage NP NP NP NP
Public and Semipublic Uses
Assembly Uses CUP CUP CUP CUP
Clubs and Lodges CUP CUP CUP CUP
Cultural Institutions MCUP MCUP CUP MCUP
Day Care MCUP MCUP MCUP MCUP
Government Offices P P P P
Medical Services
Clinics and Laboratories
Extended Care
Hospital

P
CUP
NP

P
CUP
CUP

P
CUP
CUP
Park and Recreation Facilities CUP CUP CUP CUP
Public Safety Facilities MCUP MCUP P MCUP
Religious Assembly CUP CUP CUP CUP
Residential Uses
Caretaker and Employee
Housing P P P P
Community Care Facility
6 or Fewer
7 or More

P
CUP

P
MCUP

P
MCUP
Emergency Shelter NP CUP P P
Family Day Care P P P P
Mixed-Use Development(4) P P P P
Multifamily(5) P P P P
Single-Family Detached NP NP NP NP
Single-Family Attached P P P P
Single Room Occupancy P P P P
Supportive Housing P P P P
Transitional Housing P P P P
Telecommunications
Telecommunication Facilities See Chapter 17.22
Cannabis Facilities
Cannabis Cultivation NP NP CUP CUP
Cannabis Delivery NP NP CUP CUP
Cannabis Dispensary NP NP CUP CUP
Cannabis Distribution NP NP CUP CUP
Cannabis Manufacturing NP NP CUP CUP

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Ordinance No. XXXX

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Land Use DMU NMU NG WG
Cannabis Nursery NP NP CUP 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.

CUP Conditional Use Permit required with review by the
Planning Commission
MCUP Minor Conditional Use Permit required with approval by the Community Development Director with review by the
Development Review Committee (DRC).

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 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.
b. 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.
c. Visible off-street parking shall be limited to a 20-minute loading zone for customer pick-up/drop off and employee parking.
d. The facility shall not share a boundary with property located in a Residential Zoning District or a hotel/motel.
e. 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) Outdoor vehicles sales shall not be permitted within the Downtown Hollister Historic District or the Monterey Street Historic District. (4) Mixed-Use Development on a site identified in the 6th Cycle Housing Element must include a minimum of 50% of the square footage of development as residential. (5) 100% multifamily residential projects are permitted by right on any site identified in the 6th Cycle Housing Element.

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Ordinance No. XXXX

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17.07.040 – Development Standards

Table 17.07-2 identifies the development standards for all mixed -use zoning designations.

Table 17.07-2 – Mixed-Use Development Standards

Development Regulation DMU NMU NG WG
Height
Maximum Height 75 Feet 50 Feet1 50 Feet1 50 Feet1
Density
Density 30 -125
DU/A
30-65
DU/A
30-65
DU/A
30-65
DU/A
Floor Area Ratio (FAR)
Maximum FAR 3.0 3.0 2.0 3.0
Minimum Landscaping3
Parcels less than 15,000 sq. ft. 0% 10% 10% 10%
Parcels 15,001 sq. ft. or more 0% 5% 5% 5%
Additional Standards
Common Usable Open Space See Section 17.16.142
Design Standards See Sections 17.30.040 and 17.30.050
Landscaping See Section17.16.080
Parking See Chapter 17.18

Notes:
(1) Structures shall not intercept a 45-degree inclined plane inward from a height of ten feet above existing grade at a residential district boundary line. Single story structures and ground level parking may encroach a maximum of five feet into required side and rear yards.
(2) Up to 20 percent of the required landscaping can be credited from outdoor seating areas and shaded dedicated pedestrian walks through parking areas.

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Ordinance No. XXXX

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EXHIBIT C

Chapter 17.08 – Commercial Zoning Districts

17.08.010 - Purpose

The purpose of this Chapter is to establish regulations which achieve the following:

A. Ensure new commercial development and redevelopment enhances the surrounding area as well as the City.

B. Ensure high standards of site planning and landscape design for co mmercial developments.

C. Provide adequate space within the City to allow for small -scale and large-scale retail and services to meet the needs of the City’s residents.

D. Ensure adequate parking to support all uses within a building or center.

17.08.020 – Commercial Zoning Districts

The following commercial zoning districts are located within the City of Hollister.

A. CO (Commercial Office) District. The Commercial Office (CO) Zoning District is intended for commercial areas characterized by administrative, executive, medical, dental, and business offices, and similar uses. The CO Zoning District is consistent with the General Commercial land use cate gory of the General Plan.

B. GC (General Commercial) District. The General Commercial (GC) Zoning District provides for a variety retail, service and automotive services to provide for the residents of the City. The GC Zoning District is consistent with the General Commercial land use category of the General Plan.

17.08.030 – Land Uses and Permit Requirements

Table 17.08-1 identifies the permitted and conditionally permitted use of land for each commercial zoning district within the City.

Table 17.08-1 Commercial Land Uses and Permit Requirements

Land Use CO GC
Commercial Uses
24 Hour Operations CUP CUP
Adult Entertainment Establishment NP NP

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Ordinance No. XXXX

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Land Use CO GC
Alcohol Sales (Retail) NP CUP
Ambulance Services CUP CUP
Ancillary Deli or Café CUP P
Animal Kennels or Boarding NP APR
Animal Sales and Services NP APR
Animal Veterinary Clinics and Hospitals CUP CUP
Artists’ Studios APR P
Automated Teller Machine APR APR
Bail Bonds NP CUP
Bars and Night Clubs NP CUP
Bed and Breakfast Inns CUP CUP
Building Material Store
Indoor
Ancillary Outdoor Storage/Display

NP
NP

P
CUP
Business Support Services CUP P
Catering Services NP P
Commercial Filming P P
Commercial Recreation
Minor
Major
Outdoor

APR
CUP
CUP

APR
CUP
CUP
Donation Kiosk NP APR
Drive-Thru Service and Sales NP CUP
Equipment Sales, Services, and
Rentals – Indoor NP P
Farm Equipment Sales and Supplies –
Indoor NP P
Financial Services P P
Fortunetelling P P
Fuel and Ice Dealers NP CUP
Funeral Services CUP CUP
Hotels and Motels NP P
Laundries and Dry-Cleaning Plants CUP CUP
Laundromat NP P
Live Entertainment (Excluding Adult
Entertainment) NP MCUP
Nursery NP P
Offices
Business and Professional
Office Parks

P
NP

P
NP
Pawn Shop NP CUP
Personal Services P P
Personal Improvement Services P P

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Ordinance No. XXXX

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Land Use CO GC
Printing and Publishing
Limited
Unlimited

APR
NP

P
CUP
Recycling Facilities
Minor
Major

APR
CUP

APR
CUP
Repair and Maintenance – Consumer
Products APR APR
Research and Development NP NP
Restaurant
Restaurant
With Drive-Thru or Drive-In
With Outdoor Dining

CUP
NP
NP

P
CUP
APR
Retail Sales
Indoor
With Outdoor Display and/or
Storage

P
NP

P
CUP
Secondhand or Consignment Stores NP P
Shopping Centers NP P
Tattoo or Body Piercing Parlors P P
Wholesale Bakery NP CUP
Vehicle Related Sales and Service
Brokerage P P
Car Wash, Detailing NP CUP
Service Stations NP CUP
Vehicle Repair Facility1
Minor
Major

NP
NP

P
NP
Vehicle Sales
Indoors
Outdoors

NP
NP

P
NP
Vehicle Storage NP NP
Public and Semipublic Uses
Assembly Uses NP CUP
Clubs and Lodges CUP CUP
Cultural Institutions CUP CUP
Day Care MCUP MCUP
Government Offices P P
Medical Services
Clinics and Laboratories
Extended Care
Hospital

P
CUP
NP

P
CUP
CUP
Park and Recreation Facilities CUP CUP
Public Safety Facilities P P

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Ordinance No. XXXX

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Land Use CO GC
Tasting Room NP P
Residential Uses
Caretaker and Employee Housing CUP CUP
Emergency Shelter NP CUP
Telecommunications
Telecommunication Facilities See Chapter 17.22
Cannabis Facilities
Cannabis Cultivation NP NP
Cannabis Delivery NP NP
Cannabis Dispensary NP NP
Cannabis Distribution NP NP
Cannabis Manufacturing NP NP
Cannabis Nursery NP NP

CUP Conditional Use Permit required with review by the Planning Commission MCUP Minor Conditional Use Permit required with approval by the Community Development Director with review by the Development Review Committee (DRC).

NP Not Permitted

Notes:
(1) Allowed subject to the following requirements:
(a) 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.
(b) 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.
(c) Visible off-street parking shall be limited to a 20-minute loading zone for customer pick-up/drop off and employee parking.
(d) The facility shall not share a boundary with property located in a Residential Zoning District or a hotel/motel.

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Ordinance No. XXXX

Page 22 of 44 ends

17.04.040 – Development Standards

Table 17.08-2 identifies the development standards for all residential zoning designations.

Table 17.08-2 Commercial Development Standards

Development Regulation CO GC
Lot Characteristics
Lot Size—Minimum 7,500 sq. ft. 7,500 sq. ft.

Lot Width—Minimum 75 ft. 75 ft.

Lot Depth—Minimum 100 ft. 100 ft.

Lot Frontage—Minimum 50 ft. 50 ft.

Setbacks
Front Yard 10 ft. 0 ft.

Side Yard Interior Lot 0 ft 0 ft.

Side Yard Corner Lot 10 ft. 0 ft.

Rear Yard 10 ft. 0 ft.

Height
Maximum Height 30 ft. 50 ft.

Lot Coverage
Maximum FAR 0.3 2.0
Minimum Landscaping2
Parcels less than 15,000 sq. ft. 5% 10%
Parcels 15,001 sq. ft. or more 5% 5%
Additional Standards
Design Standards See Chapter 17.30
Landscaping See Section 17.16.080
Parking See Chapter 17.18

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Ordinance No. XXXX

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EXHIBIT D

17.16.142 – Residential Open Space Requirements

A. Definitions. For the purposes of this Section, the following definitions shall apply.

1. Common Open Space. Common open space shall refer to a centralized, contiguous area that is improved for passive or active open space with a plan for encouraging community interaction. Common open space may include indoor recreation facilities, such as a gym or pool; rooftop gardens; basketball or play courts; or landscaped areas which are accessible to all residents of the development. Common open space is required to be privately maintained. Landscaping and walkways between buildings and parking areas shall not be included as common open space.

2. Minor Amenity. Minor amenities are small-scale indoor or outdoor area(s) which provide recreational opportunities for the residents of smaller s cale multi-family developments. Minor amenities include children's play areas; picnic and barbeque areas; multi-use play areas; a spa or sauna; common remote workspace offices; common commercial shared kitchen; or similar smaller-scale amenities.

3. Major Amenity. A major amenity is required to provide recreational opportunities for larger residential developments. Major amenities are intended to provide community gathering areas and include, but are not limited to recreation buildings; swimming pools with eating areas (indoor or outdoor); play courts such as tennis, baseball, and handball courts; gyms; child care facilities; community gardening spaces; gathering spaces which may be located on a rooftop, outside, or inside the building and must include a minimum of three of the following: garden space, commercial kitchen or BBQ areas with eating spaces, workspace areas for remote work, opportunities for play, common seating areas for relaxing or conversations, fire pits, or similar spaces which provide space fo r residents to work, play or relax; and other amenities appropriate to serve the residents as determined by the city to foster a sense of place and community.

4. Private Open Space. Private open space shall refer to area which is accessible only to the residents of a single unit. Private open space can include decks, balconies, porch areas, and roof gardens in addition to private rear yards at ground level. Private open space at ground level shall have no dimension of less than ten feet. Private open space in the form of a balcony or roof garden shall have no dimension of less than six feet.

Private open space shall not include enclosed side yards with dimensions of less than ten feet, unenclosed side yards, or front yards.

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Ordinance No. XXXX

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B. R-E and R-1 Open Space Requirements. The following requirements apply to developments in the Residential Estate (R-E) and Low Density Residential (R-1) Zoning Districts:

1. Private Open Space. 1,000 sq. ft. at ground level at the same grade (excluding retaining walls) per unit.

2. Common Open Space. Common open space is not required in the R-E or R-1 Zoning Districts. However, the requirement for private open space may be reduced to zero if common open space is provided which is equal to 1,000 sq. ft. per dwelling unit.

C. All other Single-Family and Duplexes. All other properties, other than those in the R-E or R-1 Zoning Districts, which include attached or detached single-family dwellings(s), duplexes, or duets (both existing and proposed) shall conform to the following requirements:

1. Private Open Space. 1,000 sq. ft. at ground level at the same grade (excluding retaining walls) per unit.

2. Common Open Space. Common open space is not required for single family attached, single family detached, duplex, or duet development.

However, the requirement for private open space may be reduced to zero if common open space is provided which is equal to 1,000 sq. ft. per dwelling unit.

D. DMU Zoning District. Multi-family residential or mixed-use developments located within the Downtown Mixed-Use (DMU) Zoning District are subject to the following requirements:

1. Objective Design Standards. The design of any project within the DMU shall follow the City’s adopted Objective Design Standards (ODS) which includes requirements for the location and design of private and common open space; however, no specific square footage of private or common open space is required within the DMU.

2. Common Open Space. Multi-family residential developments with 26-200 dwelling units are required to provide one (1) major amenity which is available to all residents of the development. Developments with 201 or more residential dwellings are required to provide two (2) major amenities.

For properties within the DMU, there is no minimum area (square footage) required to be dedicated to a major amenity.

E. Small-Scale Multi-Family Developments. Multi-family developments with ten (10) or fewer residential dwelling units (excluding Accessory Dwel ling Units) shall conform to the following requirements:

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Ordinance No. XXXX

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1. Private Open Space. Each dwelling unit shall be provided with a minimum of 250 sq. ft. of private open space if provided at ground level or a minimum of 64 sq. ft. of open space if provided in the form of a balcony.

2. Common Open Space. Not required.

F. All Other Multi-Family Developments. The following open space requirements are provided for all other multi-family residential developments, which were not included in any Section above and have more than 11 dwelling units.

1. Private Open Space. Each dwelling unit shall be provided with a minimum of 64 sq. ft. of private open space.

2. Common Open Space. Common open space shall be provided in the amount necessary to facilitate the inclusion of amenities for the multifamily development as described below:

a. Minor Amenities for Developments with 11 - 25 Multi-Family Units. Multi-family developments with 11 to 25 dwelling units are required to provide a minor amenity within a common open space.

These developments must have a minimum of 400 sq. ft. of common open space to accommodate the minor amenity with a minimum dimension of 15 feet.

b. Major Amenities for Developments with 26 or More Multi-Family Units. For projects which contain between 26-200 multi-family dwelling units, a minimum of one major amenity shall be provided.

Two major amenities shall be provided for projects with 201 or more units.

G. Mobile Home Park. The following open space requirements are required for all mobile and/or manufactured home developments which are zoned Mobile Home Park (R-MH) Zoning District:

1. Private Open Space. Each dwelling unit shall be provided with a minimum of 100 sq. ft. of private open space. Parking spaces are not counted towards the required open space.

2. Common Open Space. Common open space shall be provided in the amount necessary to facilitate the inclusion of amenities for the development as described below:

c. Minor Amenities for Developments with 25 or Fewer Units.

Manufactured home/mobile home developments with 25 or fewer dwelling units are required to provide a minor amenity within a common open space. These developments must have a minimum of 400 sq. ft. of common open space to accommodate the minor amenity with a minimum dimension of 15 feet.

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Ordinance No. XXXX

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d. Major Amenities for Developments with 26 or More Units. For projects which contain between 26-200 dwelling units, a minimum of one major amenity shall be provided. Two major amenities shall be provided for projects with 201 or more units.

G. Mixed Housing Type Development. For projects which include a mixture of unit types, each unit type shall be provided with the required private and common open space for each type of unit as discussed above. For projects which include multi - family dwelling units in addition to single-family or duplexes, any required common open space may be provided as space in a dedicated park land area pursuant to Chapter 16.55 and dedicated to the city for maintenance purposes as deemed appropriate by the city. Where the number of units requires a major or minor amenity, the amenity shall also be provided within the development.

H. Mixed-Use Development. For the purposes of this chapter, mixed-use development shall follow the standards for All Other Multi -family Developments, described in Subsection (F) for the residential units within the project.

I. Park Dedication and Fees. All requirements of Chapter 16.55 Park and Recreation Area Dedication and Fees must be met.

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Ordinance No. XXXX

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EXHIBIT E

17.30 Design Standards

17.30.010 Purpose

The purpose of this Chapter is to establish objective design standards to guide the design of new residential developments in the City to:

A. Promote visual interest in the City’s residential developments.

B. Ensure projects enhance their sites and the surrounding area.

C. Ensure multi-family dwellings are designed for activation of the street on which they are located.

D. Enhance the architectural character and scale of neighborhoods.

E. Enhance the visual quality of the City through well designed projects.

F. Encourage the development of neighborhoods that provide a high -quality living environment.

G. Enhance property values within the City.

17.30.020 Design Standards for Single Family Detached and Duets

The following design standards shall apply to the new construction of single family detached and duets dwelling units (as defined under 17.02.020, Definitions), on any lot where these uses are a permitted or conditionally permitted use. For properties which are located within the Old Town Zoning District, all development shall conform to the guidelines included in Section 17.04.050, Old Town Zoning District Supplemental Design Standards, of the Zoning Ordinance. Where any design standards in the Zoning Ordinance conflict with the design standards established by this Chapter, this Chapter shall prevail.

A. Development Standards. All new construction shall conform to the requirements for development standards (height, setbacks, lot coverage, lot dimension, etc.) for the Zoning District in which they are located.

B. General Site Planning. All new residential developments shall incorporate the following:

1. All residential developments shall contain a minimum of four distinct architectural styles of any type (including but not limited to craftsmen, bungalow, ranch, Mediterranean, mission, etc.) that are visually different from one another and include varying design elements. A minimum of 80%

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Ordinance No. XXXX

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of the following design elements shall vary between units to qualify as a change in architectural style for the purpose of this section:

i. Window style and materials
ii. Door style, shape, and materials
iii. Inclusion of or change in style, material, and size of porches and balconies
iv. Shutters or other decorative elements
v. Change in trim size around windows
vi. Change in accent and body materials and colors
vii. Roof Pitch or Form
viii. Inclusion or change in structural design elements such as archways or columns
ix. Height of structure
x. Change in location of front door

2. An architectural design shall have a minimum of three different unit designs in between before it is repeated along any continuous row of housing or along the same street block. An intersecting street may be counted as one unit when determining spacing of units of the same design. Houses with identical building elevations shall not be located directly across the street from each other.

3. Sidewalks shall be located on both sides of the street throughout the development.

C. Main Elevation Articulation. The main elevation of a dwelling unit shall be the elevation which faces the sidewalk and street access to the home. Where a unit faces more than one street, the main elevat ion shall be considered on the street where the unit is addressed. The design of this elevation shall comply with the following:

1. The second floor shall be set back a minimum of five (5) feet from the first floor front wall of the house for at least 50 percent of the width of the structure, unless the elevation plane is broken up through the use of a porch or similar architectural element which comprises a minimum of 50 percent of the width of the structure.

2. For buildings in which the main elevation has a length of 50 feet or greater, for each interval of at least 50 feet of building length, there shall be a plane break along the façade composed of an offset of at least five (5) feet in depth by 25 feet in length.

3. Include at least two exterior building materials (one may be used as an accent or base) and may include, but are not limited to, wood or simulated wood boards, brick, stucco, shingle siding, stone, rock, tile or other accent material. Trim does not count towards the two -material requirement.

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Ordinance No. XXXX

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4. Design elements and detailing, such as base materials, trim, window treatments, trim detailing, etc., shall be continued completely around the structure where visible from the right-of-way.

5. All accent materials or enhanced materials shall be terminated at an interior corner.

6. Where a porch is provided on a main elevation, it shall be covered.

D. Garages and Paving. Parking areas, front yard paving and garages shall conform to the following.

1. All garages are encouraged to be setback a minimum of five feet from the primary front façade of the residence. In no case shall the garage be set back less than two (2) feet from the main wall of the house.

2. Garages shall be designed so that they do not occupy more than 50 percent of the length of the front elevation.

3. Residential developments of 11 or more dwelling units shall have variation in garage placements. Garage placements shall vary in location and depth or in orientation (such a side-facing or detached rear garages), with no more than 50 percent of garages placed at the minimum setback within the development.

4. Three-car garages shall not be allowed on lots with widths of less than 60 feet unless the garage is detached and recessed behind the residence.

E. Street Facing, Non-Main Elevation. For houses where a side elevation faces a street, the following shall be incorporated into the design of the side wall which faces the street.

1. No plane of any floor shall be greater than 30 feet without a plane break of at least two (2) feet.

2. Design elements and detailing, such as base materials, trim, window treatments, trim detailing, etc., shall be continued completely around the structure where visible from the right-of-way.

3. All accent materials or enhanced materials shall be terminated at an interior corner.

F. Entryway. All entryways shall be oriented to the street and shall incorporate at least three of the following:

1. The entryway shall be recessed at least 2 feet from the building façade to create a porch or a landing area.

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Ordinance No. XXXX

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2. The entryway shall be designed with an overhead projection of at least 6 inches, such as a gable roof, covered porch, or other architectural design feature, so as to distinguish the front door from the rest of the building façade.

3. The entryway shall be clearly marked with a side light window panel, adjacent windows (located within 3 feet of the door), or a door with a window.

4. The entryway shall be raised or lowered at least one stair step from the pedestrian pathway.

5. A paved path of travel between 3 to 6 feet in width from the sidewalk or the right-of-way directly to the entrance is provided.

6. Change in exterior building materials at or around the entry to include at least two building materials that include, but are not limited to, wood, brick, cement board, stucco, tile, or other accent material.

G. Roofline. For the main elevation of any house the roofline shall be articulated by incorporating a minimum of two of the following:

1. A break in façade plane of a minimum of 6 inches in depth that is carried up the roofline.

2. Any form of roofline modulation such as a step back, height variation, or multiple forms.

3. Change in roof pitch or type (such as gable, shed, flat) on one elevation.

4. An uncovered balcony or deck on the second floor.

H. Windows and Doors. All windows and doors shall conform to the following:

1. All windows on one elevation shall match with respect to operating type, design, color, trim style, and the use of grids.

2. Windows shall be either recessed from the main wall of the house or shall have trim surrounding the window.

I. Paved Pathway to Side Yards with a Gate. A paved pathway shall be provided from all gated side yards to the sidewalk. The paved area may include a driveway, but other than a driveway the paved pathway shall be a minimum of four feet and a maximum of 6 feet wide.

J. Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, including the allowed driveway for garages pursuant to

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Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards. Driveway width shall be a minimum of 12 feet, and a maximum of 20 feet for a two-car garage or 30 feet for a three-car garage.

K. Mechanical Equipment. All mechanical and utility equipment shall be screened from view from the street through a combination of wall or fencing and landscape plant materials sufficient to screen the height and width of the equipment.

17.30.030 - Design Standards for Downtown Mixed-Use

The design standards within this Chapter do not apply to multi -family and mixed-use projects located within the Downtown Mixed-Use (DMU) Zoning District. For multi-family and mixed-use projects located within the DMU, projects are required to follow the Downtown Mixed-Use Zoning District Objective Design Standards which were adopted by the City Council (Resolution No. 2026-XX, or as amended).

17.30.040 - Multi-Family Projects

The following design standards shall apply to the new construction of all multi -family developments (as defined by Section 17.68, Definitions), with the exception of projects located within the DMU. Where any design standards in the Zoning Ordinance conflict with the design standards established by this Chapter, this Chapter shall prevail.

A. Development Standards. All new construction shall conform to the requirements for development standards (height, setbacks, lot coverage, lot dimensions, etc.) for the Zoning District in which they are located.

B. Street Activation. Residential buildings shall be designed to provide a connection to and enliven the street and shall include the following:

1. All ground-level units shall include an individual entry, porch, patio, or terrace.

2. A minimum of 50% of upper-story units shall include a balcony or terrace.

3. Ground-floor windows shall not be opaque or tinted.

4. Where residential units are designed as townhomes or rowhomes, each individual unit shall be distinguished from one another. This may be accomplished through the use of at least three of the following:

a. Change in the average wall plane of at least five (5) feet in depth (measured by absolute value in the case of projections from the wall plane in both directions). This shall include a change in the wall plane at the point of shared connection between adjacent units of no less than 2 feet in depth and 5 feet in width.

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b. Change in roof form, as described in 1730.020 F.

c. Change in color scheme of adjacent units. A color scheme shall not be repeated more than once every six (6) units.

d. Change in architectural styles, of any type (including but not limited to craftsmen, bungalow, ranch, Mediterranean, mission, etc.) that are visually different from one another and include varying design elements. A minimum of 80% of the following design elements shall vary between units to qualify as a change in architectural style for the purpose of this section:

i. Window Style and materials
ii. Door style, shape, and materials
iii. Inclusion of or change in style, material, and size of porches and balconies
iv. Shutters or other decorative elements
v. Change in trim size around windows
vi. Change in accent and body materials and colors
vii. Roof Pitch or Form
viii. Inclusion or change in structural design elements such as archways or columns
ix. Height of structure
x. Change in location of front door

e. Change in at least 50% of the type of exterior materials on each dwelling unit. Trim does not count as an additional material for the purposes of this section.

5. The maximum length of any blank wall plane with no articulation shall be limited to 20 feet.

6. Parking and/or garages shall be oriented towards the rear of the building, away from the main street.

7. Where a site has multiple access to more than one street, parking and access shall be located at the street with the lower traffic volume, as measured by the City’s General Plan.

8. Provide landscaping as a transition between the building and the street to include street trees and planters, small landscaped areas, or plazas.

Landscaping shall be incorporated for a minimum of 80% of the depth of the setback between any building and the street. For the purposes of this section, landscaping may include pedestrian pathways, however, pedestrian pathways may not exceed 60% of the overall landscaped area.

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Landscaping shall not include streets, driveways, parking lots, or other vehicle access areas.

C. Building Articulation. Building facades that face a public street, alley or any other publicly accessible space (whether publicly or privately owned) shall be articulated as follows:

1. The ground floor façade shall be articulated with windows, doors, acc ent colors or materials and changes in plane.

2. For buildings which are three stories in height and greater, the building shall have a clearly defined base, middle, and top and shall include a minimum of two of the following on each floor:

a. Covered outdoor areas, alcoves, atriums or landscaping.

b. A minimum 18-inch raised planter for at least 10 feet.

c. Awnings, trellises, canopies, alcoves, balconies, pilasters, decorative lighting, or window boxes.

d. Variation in form and massing.

e. Columns, accent walls, architectural detailing.

f. Upper floors which are setback from the main wall of the floor below.

3. The second floor shall be set back a minimum of two feet from the first floor for at least 75% of the length of each building elevation which faces a street or pedestrian pathway.

D. Main Entry. For buildings in which there is one main entrance to the building located adjacent to a public or privately owned street, the entryway shall incorporate at least four (4) of the following elements:

1. The entryway shall be recessed at least 2 feet from the building facade to create a porch or landing area.

2. A taller mass above the entrance such as a tower or projection from the main wall of the building.

3. Accented by special architectural elements such as columns, moldings, overhanging roofs, change in roofline or major break in the surface wall.

4. Include an overhead projection of at least 6 inches, such as an awning, canopy, landscaped trellis or other architectural design features.

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5. The entryway shall be raised or lowered at least one stair step from the pedestrian pathway.

6. The landing area shall be enhanced with a paving material, texture, pattern, or color that is differentiated from the rest of the building

E. Individual Entry. For buildings in which an entry is provided into each unit adjacent to the street, the entryway shall incorporate at least three (3) of the following elements:

1. The doorway shall be recessed at least 3 inches from the building facade.

2. The entryway shall be designed with an overhead projection of at least 6 inches, such as an awning or other architectural design features, so as to distinguish the front door from the rest of the building facade.

3. The entryway shall be clearly marked with a side light window panel, adjacent window (located within three feet of the door), or a door with a window.

4. The entryway shall be raised or lowered at least one stair step from the pedestrian pathway.

F. Windows and Doors. All windows and doors shall conform to the following:

1. All windows and doors on one elevation shal l match with respect to operating type, design, shape, color, trim style and the use of grids.

2. Window frames shall not be flush against the wall unless a trim is provided around the window.

3. For rowhouses and townhouses, the doors for each unit shall vary in color and style to clearly distinguish between each residence. Color schemes for each door shall not be repeated more frequently than every six (6) units within any row of townhouses within a line or facing the same direction along a right-of-way, street, or pedestrian pathway.

G. Mechanical Equipment. All ground floor mechanical and utility equipment shall be screened from view from the street through a combination of wall or fencing and landscape plant materials sufficient to screen the height and width of the equipment from any street or pedestrian path. All rooftop mounted equipment shall be screened from view by a parapet wall or other architectural element.

17.30.050 – Commercial Developments

The following development standards are intended to retain Hollister's small-town

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character and foster attractive pedestrian-friendly commercial uses and natural surveillance. Key design elements that will be considered when reviewing a commercial development project include:

A. Air Emissions. Restaurant and drive-through businesses shall be situated to avoid odor emissions to existing and undeveloped residential properties.

B. Architecture. A diversity of harmonious but not necessarily uniform architectural styles is encouraged in small-and large-scale developments. Building additions, alterations and accessory structures shall be architecturally compatible with the primary structure.

1. Large unarticulated shapes in building design such as blank walls which face a public right-of-way are prohibited.

2. Four-sided architecture shall be used to provide an attractive façade on all building frontages that face a public entrance to a building, public use area, street or residences.

3. Signs shall be integrated with the design and shall not overwhelm, be out of proportion with, or dominate the project in compliance Chapt er 17.20, Signs.

C. Connections Between Properties. Structures, access, and parking areas shall be oriented in a manner that will safely connect pedestrians and vehicles to adjoining properties, buildings and uses. Barriers to pedestrian or vehicle access between lands uses and properties should be removed .

D. Fencing/Walls. Both sides of perimeter walls or fences shall be architecturally treated and compatible with the predominant architectural style of the site. In addition, anti-graffiti mechanisms such as landscaping or graffiti coating will be required on all new perimeter walls and fences.

E. Landscaping and Open Design Elements.

1. Open space areas shall be clustered into larger, landscaped areas rather than distributed into areas of low impact such as at building peripheries, behind structures, or in other areas of little impact to the public view.

Landscaping for commercial uses shall be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide transition between neighbori ng properties (buffering), and provide screening for loading and equipment areas.

2. Landscaping shall be in scale with adjacent structures and be of appropriate size at maturity to accomplish its intended purpose and maintain accessibility of pedestrian facilities.

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3. Landscaping around the base of structures is recommended to soften the edge between the parking lot and the structure. This shall be accented at entrances to provide focus.

4. Trees shall be located throughout the parking lot and not simply at t he ends of parking aisles to provide shade and visual relief. Trees shall be provided throughout the development in accordance with the following:

a. Number of Trees. A commercial development shall include at least one tree for every four parking stalls proposed on the site.

b. Parking Lot Trees. Parking islands shall be placed throughout the parking lot, with each “finger” of an island separated by no greater than ten parking spaces in any one row of parking. At least one tree shall be placed within each parking island.

c. Shade Coverage. Trees shall be planted to provide 40 percent of shade coverage at tree maturity or within five years, whichever comes first.

5. Landscaping shall be protected from vehicular and pedestrian encroachment by raised planting surfaces, depressed walks, or the use of concrete curbs.

6. Vines and climbing plants integrated upon buildings, trellises, covered walkways and walls are strongly encouraged.

7. Use of potted plants in clay or decorative concrete containers, especially for enhancement of sidewalk shops, plazas, and courtyards, and to soften the hardscape is encouraged.

8. At maturity, trees shall be able to be trimmed ten feet above ground and shrubs shall be maintained at a height of approximately three feet when visibility is required.

F. Lighting. The design of light fixtures and their structural support shall be architecturally compatible with the principal structure(s) on the site and be pedestrian-oriented and scaled. The following additional standards shall apply to on-site lighting, including lighting of signs, structures, landscaping, plazas, parking, and service areas.

1. Shields. Light fixtures installed for all outdoor lighting shall be shielded to confine light spread within the site boundaries and reduce "sky glow" impacts and arranged to prevent horizontal glare or direct illumination on adjoining property or streets. Fixtures shall be consistent with the design and types recommended by the International Dark Sky Association.

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2. Lighting Types. Install low-or high-pressure sodium or alternative lights recommended by the International Dark Sky Association or a similar organization in all commercial areas. Prohibit mercury vapor utility yard lights or other light fixtures with high-intensity discharge lamps or bulbs, which are not designed to limit or control light direction or which do not shield the light source from view of neighboring residential properties, shall be permitted.

3. Vehicle Display. The City may allow an exception to the prohibition of mercury vapor lights for outdoor display of products such as automobiles where clarity of color is important.

4. Architectural Enhancement. Accent lighting of architectural features is encouraged to highlight building massing and rhythm and enhance the pedestrian environment. Accent lighting shall not be a source of glare, reflected glare, or excessive light, especially when viewed from dwellings, streets, walkways, or open spaces. Neon lighting does not qualify as accent lighting.

5. Building Entries. Building entries with high activity levels shall be illuminated. Appropriate treatments include: bathing entry surfaces with light, allowing the building interior light glow through glazing, or using decorative lighting fixtures to announce entries.

6. Service Areas. Building-mounted down light fixtures, in combination with pole fixtures, are preferred for the illumination of building service areas.

Such fixtures do not cause glare or light leakage beyond the service areas.

7. Plazas, Walkways, and Paths. Plazas, walkways, and other pedestrian paths shall be lit by pole or lighting bollard type fixtures that are of a human scale, typically not to exceed 16 feet or 4 feet in height, respectively.

G. Outdoor Sales or Display of Merchandise. All retail businesses allowed by this Chapter shall be operated entirely within an enclosed building, unless where outdoor sales or display is permitted with a Conditional Use Permit or Temporary Use Permit.

1. A solid fence or wall shall be required for all uses requiring a screen. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. T he city planner may require additional screening in highly visible areas and may impose reasonable restrictions on the type of storage or display, or the location of outdoor storage and display areas to avoid adverse visual effects.

H. Loading Facilities. Loading facilities and related service areas must be located away from and screened from view of streets, parks, plazas, and landscaped walkways, and shall generally be located within the interior of the development, whenever feasible.

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I. Natural Surveillance. Whenever feasible, design and placement of buildings and other physical features are encouraged to maximize visibility and facilitate natural surveillance from public rights-of-way and other public areas. This includes building orientation, placement of windows, doors, and balconies, building and site entrances and exits, placement of parking, lighting, and refuse containers, placement and type of landscape materials, plazas, and other open space areas, location of walkways, types of walls and fences (including the use of picket, wrought iron, and similar materials to promote visibility when appropriate), and other physical obstructions in a manner that discourages the potential for criminal activity. Graffiti coating shall be required on buildings to discourage graffiti.

J. Parking Lots.

1. Parking areas are encouraged to be located behind buildings in commercial districts.

2. Separate vehicular and pedestrian circulation systems shall be a high priority for parking lot design. Pedestrian linkages between uses in commercial developments and to public sidewalks shall be emphasized, including distinct pedestrian access from parking areas in large commercial developments, such as shopping centers.

3. Parking aisles shall be separated from vehicle circulation rout es whenever possible.

4. Common driveways that provide vehicular access to more than one site are encouraged.

5. Parking areas shall be separated from structures by either a raised concrete walkway or landscaped strip, preferably both. Situations where parki ng spaces directly abut structures shall be avoided whenever possible.

6. Where parking areas are connected, interior circulation shall allow for a similar direction of travel, and parking bays in all areas to reduce conflict at points of connection.

7. Whenever feasible, locate site entries on side streets in order to minimize pedestrian/vehicular conflicts. When this is not feasible, design the front site entry with appropriately patterned concrete or pavers to differentiate it from the sidewalks.

8. Parking access points shall be located as far as possible from street intersections so that adequate stacking room is provided. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

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9. Differential paving shall be required within parking areas for pedestrian crossings through vehicle traffic areas.

K. Screening.

1. Screening for outdoor storage (including waste and recycling receptacle storage) shall be determined by the height of the material or equipment being screened. When allowed, exterior storage shall be confined to portions of the site least visible to public view. Where screening is required, a combination of elements shall be used, including solid masonry walls, berms, and landscaping. Chain link fencing with or without slatting shall not be permitted.

2. Any outdoor equipment, whether on the roof or side of a structure, or on the ground, shall be appropriately screened from public view. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable.

3. When permitted, roll-up doors, vehicle bays, drive-through aisles, car wash entrances/exits, wash stalls, and similar features shall be screened from view of adjacent streets by building orientation or the provision of landscaping, berms, trellises, or low walls that are consistent with the architecture and exterior materials of the building.

L. Shared Parking/Dual-Use. The use of recorded reciprocal parking agreements is encouraged to reduce overall paving requirements if compatible hours of operation or types of use can be proven. Dual use of underutilized seasonal parking areas in commercial centers for plazas, courtyards, and outdoor eating shall be considered during design review.

M. Solid Waste. Solid waste and recycling receptacles shall be sited where associated odors and noise will not adversely affect residential use. Receptacles must be screened from residential dwelling units.

N. Utility/Roof-Mounted Equipment. Roof-mounted equipment including antennas, satellite dishes, air conditioners and similar equipment shall be screened from public view by well-designed roof parapets or screened walls to conceal the mechanical equipment. To the extent practical, utilities such as reduced pressure pipes and meters shall be concealed with landscaping and site design.

O. Adjacent Residential. Projects which abut residential development or vacant residential-zoned land shall maintain low profiles to provide a transition between commercial and residential areas. Taller elements of the building shall increasingly step back from adjacent single-family residential zones and include features to provide solar access. Structures shall not intercept a 45-degree inclined plane inward from a height of ten feet above existing grade at a residential district

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boundary line. Single-story structures and ground level parking may encroach a maximum of five feet into required side and rear yards.

Figure 17.08-1 – Transition Between Districts

17.30.060- Mixed-Use Developments

Mixed-Use Developments (not located within the DMU Zoning District) shall comply with the requirements of the multi-family design standards (Section 17.30.040) and the commercial design standards (Section 17.30.050).

17.30.070 – Old Town Zoning District Projects

The Old Town Zoning Districts encompass an area that is characterized primarily by buildings constructed before the founding of Hollister in 1876 to just before World War II.

The buildings in the area include a variety of architectural styles and range of sizes. They also reflect an integration of income levels and social classes within the neighborhoods.

Some of the homes interspersed in the area were constructed after World War II and have a contemporary style. Although these are established neighborhoods, there remain opportunities for infill development within the Old Town zone district. Infill development must complement the scale and architecture of the area. New residential projects located within the Old Town Medium or Old Town High Density Residential Zoning Districts must comply with the following additional standards.

A. Single Family Residences. New single-family residential dwelling units in the R- OTM Zoning District shall be designed so that the project is consistent with the following representative architectural styles of the area: American Foursquare, Craftsman, Gothic Revival, Italianate, Mediterranean Revival, Mission Revival, Neo-Classical Revival, Prairie Style, Queen Anne, Shingle Style, Tudor Revival as shown in Figures 17.04-2 through 17.04-5.

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Figure 17.04-2 – American Foursquare, Craftsman and Gothic Revival Architectural Characteristics

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Figure 17.04-3 – Italianate, Mediterranean Revival, and Mission Revival Architectural Characteristics

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Figure 17.04-4 – Neo-Classical Revival, Prairie Style and Queen Anne Architectural Characteristics

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Figure 17.04.5 – Tudor Revival and Victorian Architectural Characteristics

B. Garages and Parking.

1. Single Family Residence. Garages for single-family residences shall be set back a minimum of five feet from the front elevation. Detached garages are encouraged.

2. Alley Access. Where a property has access from an alley, garages or parking areas (in the case of multi-family developments) shall be oriented away from the street and are required to be located at the rear of the property with access from the alley.

3. Multi-family. Parking areas for multi-family developments shall be located behind the dwelling where there is no alley access.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 4, 2026
REPORT # Community Development-2026-40

AGENDA ITEM: AN ORDINANCE APPROVING PHASE 3 OF THE

COMPREHENSIVE ZONING ORDINANCE AMENDMENTS RELATED TO PERMITS AND PROCEDURES (ZOA 2025-4)

DEPARTMENT: Community Development
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director

COUNCIL NEXT STEPS: Adopt an ordinance amending the Zoning Ordinance approving the new permitting Chapters of the Zoning Ordinance and related minor modifications.

DISCUSSION: On April 20, 2026, the City Council introduced an ordinance amending the Zoning Ordinance approving the new permitting Chapters of the Zoning Ordinance and related minor modifications. The ordinance was introduced by the following vote:

Ayes: Councilmembers Picha, Resendiz, Morales, de Anda, and Mayor Stephens; Noes: None; Absent: None; Abstained: None.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: This ordinance was introduced at the April 20, 2026 City Council Meeting.

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

ATTACHMENTS:

1. Ordinance 1276

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ORDINANCE NO. 1276

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING PHASE
3 OF THE COMPREHENSIVE ZONING ORDINANCE AMENDMENTS
RELATED TO PERMITS AND PROCEDURES (ZOA 2025-4)

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

WHEREAS, staff are proposing to replace Chapter 17.02, General Provisions and Chapter 17.24, Administration and Enforcement with new Chapters to provide clear and easy to understand requirements for permits as well as permitting procedures; and

WHEREAS, the Planning Commission held a duly noticed public hearing on March 26, 2026, and adopted Resolution No. 2026-6 recommending the adoption of Zoning Ordinance Amendment 2025-4 to the City Council; and

WHEREAS, on April 20, 2026, the City Council held a duly noticed public hearing to consider the adoption of Zoning Ordinance Amendment 2025-4; and

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

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

SECTION 1. Chapter 17.02, General Provisions, is hereby repealed in its entirety and replaced with Exhibit A, Chapter 17.02, Title Purpose and Authority, attached to this ordinance and incorporated herein by this reference.

SECTION 2: Chapter 17.03, Zoning Districts and Zoning Map, is hereby added to the Zoning Ordinance as reads in Exhibit B, attached to this ordinance and incorporated herein by this reference.

SECTION 3: Chapter 17.66, Planned Development, is hereby repealed in its entirety.

SECTION 4: Chapter 17.34, Density Bonus, is hereby repealed in its entirety.

SECTION 5: Chapter 17.24, Administration and Enforcement is hereby repealed in its entirety.

SECTION 6: The following new chapters are added to Title 17, Zoning, as they read in Exhibits C through U attached to this ordinance and incorporated herein by this reference:

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 Chapter 17.72, Authority and Development Permit Decisions (Exhibit C)  Chapter 17.74, Permit Procedures (Exhibit D)
 Chapter 17.78, Appeals (Exhibit E)
 Chapter 17.80, General Plan Amendments (Exhibit F)
 Chapter 17.82, Specific Plans (Exhibit G)
 Chapter 17.84, Zoning Ordinance Amendments (Exhibit H)  Chapter 17.86, Prezoning/Annexation (Exhibit I)
 Chapter 17.88, Development Agreements (Exhibit J)
 Chapter 17.90, Planned Developments (Exhibit K)
 Chapter 17.92, Density Bonus (Exhibit L)
 Chapter 17.94, Site & Architectural Review (Exhibit M)  Chapter 17.96, Conditional Use Permits (Exhibit N)
 Chapter 17.98, Sign Permit (Exhibit O)
 Chapter 17.100, Temporary Use Permits (Exhibit P)
 Chapter 17.102, Variances (Exhibit Q)
 Chapter 17.104, Ministerial Review (Exhibit R)
 Chapter 17.110, Reasonable Accommodations (Exhibit S)  Chapter 17.112, Nonconforming Uses and Structures (Exhibit T)  Chapter 17.118, Enforcement (Exhibit U)

SECTION 7: Section 16.44.080, Improvements, of Title 16, Subdivisions, is hereby renumbered to Section 16.44.090.

SECTION 8. A new Section 16.44.080, Lot Line Adjustments is added to Title 16, Subdivisions, as reads in Exhibit V, attached to this ordinance and incorporated herein by this reference.

SECTION 9. 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 10. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 11. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.

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INTRODUCED at a regular City Council meeting on April 20, 2026 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on May 4, 2026 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 Jennifer P. Thompson, City Attorney

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1276 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 May 4, 2026, 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 May 4, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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Ordinance No. 1276

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Exhibit A

Chapter 17.02 – Title, Purpose and Authority

17.02.010 – Title

This Title (Title 17) shall be known as the Zoning Ordinance of the City of Hollister.

17.02.020 - Purpose

This Zoning Ordinance carries out the policies of the Hollister General Plan by classifying and regulating the uses of land and structures within the City of Hollister. This Zoning Ordinance is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare of residents and businesses in the City.

More specifically, the purposes of this Zoning Ordinance are to:

A. Provide standards for the orderly growth and development of the City that will assist in maintaining a high quality of life.

B. Implement the Hollister General Plan by encouraging the uses of land designated by the General Plan and avoiding conflicts between land uses.

C. Maintain a balanced distribution of land uses throughout the City. Provide open space resources for passive and active recreational activities and protect the public from natural safety hazards.

D. Provide a diversity of areas characterized by differing land use activities, scale and intensity, while maintaining community identity and quality development.

E. Conserve and protect the natural resources of the City.

F. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewage and other public facilities and utilities.

G. Conserve and protect the natural resources of the City.

H. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewage and other public facilities and utilities.

I. Maintain Hollister as a unique, distinctive and secure environment for the City's residents and businesses.

17.02.020 - Authority, Relationship to General Plan.

This Zoning Ordinance is enacted based on the authority vested in the City of Hollister by the State of California, including but not limited to the State Constitution; Sections 65800 et seq., of the California Government Code; the California Environmental Quality Act, Housing Act, Subdivision Map Act, and the Health and Safety Code.

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17.02.030 – Conformity Required

This Zoning Ordinance applies to all land uses, subdivisions, and development within the City of Hollister, as follows.

A. New Land Uses, Structures, and Changes to Them. Compliance with the following requirements is necessary for any person or public agency to lawfully establish a new land use or structure, to alter or replace any land use or structure except as provided herein:

1. The proposed use of land must be allowed within the zoning district that applies to the site.

2. The proposed use of land or structure must be legal or nonconforming and shall satisfy all applicable requirements of this Zoning Ordinance, including but not limited to minimum lot area, height limits, required yard and street setbacks, parking standards, residential density, and sign standards.

3. Any land use permit or other approval required in this Zoning Ordinance shall be first obtained in compliance with Permit Procedures in this Zoning Ordinance.

4. Any land use proposal may not be processed or approved where there is an existing violation of Municipal Code (See Section 1.16.100, Refusal to Issue Licenses or Other Entitlements), unless such process shall serve to directly resolve the violation.

B. Issuance of Building, Drainage or Grading Permits . Building, drainage or grading permits may be issued by the City only when the proposed land use or structure satisfies the requirements of subsection A of this section, and when the Community Development Director determines that the site was subdivided in compliance with all applicable requirements of Title 16, Subdivisions, of the Hollister Municipal Code.

C. Subdivision of Land. Any subdivision of land within the City of Hollister occurring after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements of this title, the subdivision requirements of Title 16 (Subdivisions), and all other applicable requirements of this Zoning Ordinance.

D. Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Municipal Code for anyone to maintain the use of a parcel that violates any provision of Title 17, Zoning. However, the requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before this Zoning Ordinance or any applicable amendment became effective.

Any alteration, expansion or modification to an existing use or structure shall comply with all provisions of this Zoning Ordinance, specifically including Section

17.112, Nonconforming Uses and Structures.

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E. Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this Zoning Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses than those that applied to existing land uses, development and/or structures. Following the effective date of this Ordinance, or any amendments to this Ordinance, the following provisions shall apply.

1. Projects With Pending Applications. All land use permit and subdivision applications that have been determined by the Community Development Department to be complete before the effective date of this Zoning Ordinance or any amendment will be processed in compliance with the requirements in effect when the application was accepted as complete.

2. Approved Projects Not Yet Under Construction. Any approved development for which construction has not begun as of the effective date of this Zoning Ordinance or amendment may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable land use permit or before the expiration of any approved time extension granted.

3. Approved Subdivisions Not Yet Recorded. Any approved subdivision for which a parcel or final map has not been recorded as of the effective date of this Zoning Ordinance or any amendment may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before the expiration of the tentative map or, where applicable, before the expiration of any approved time extension granted under Title 16, Subdivisions.

4. Projects Under Construction. A structure that is under construction on the effective date of this Zoning Ordinance or any amendment need not be changed to satisfy any new or different requirements of this Zoning Ordinance.

F. Other Requirements May Still Apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by other chapters of the Hollister Municipal Code or the regulations of any City department or any county, regional, state, or federal agency.

G. Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the City in compliance with the provisions of this Zoning Ordinance, after the effective date of this Zoning Ordinance or any applicable amendment. Any permit or license issued in conflict with this Zoning Ordinance shall be void.

17.02.040 – Responsibility for Administration
This Ordinance shall be administered by the Hollister City Council, Planning Commission, and Community Development Director as follows:

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A. Community Development Director.

1. Appointment. The Community Development Director shall be appointed by the City Manager.

2. Duties and Authority. The Director shall have the following responsibilities:

a. Head and manage the day-to-day and long-range functions of the Community Development Department.

b. Have the responsibility to perform all of the functions designated by Government Code Section 65103.

c. Have the responsibility and authority to approve or disapprove applications identified in Chapter 17.72, Authority and Permit Decisions.

d. Perform the duties and functions prescribed in this Zoning Ordinance, including but not limited to the review of development projects.

e. Perform any other responsibilities assigned by the City Manager or City Council.

3. Assignment of Duties. Except where otherwise provided by this Title, the responsibilities of the Community Development Director may also be carried out by Department employees under the supervision of the Director.

B. Planning Commission.

1. Appointment. The Planning Commission shall consist of five (5) members that reside within the City of Hollister City Limits. The members shall be appointed by the City Council and shall serve in compliance with the provisions of the Municipal Code and the adopted Planning Commission Bylaws.

2. Meetings. Regular meetings of the Planning Commission shall be held in accordance with the adopted Planning Commission Bylaws.

3. Duties and Authority. The Planning Commission shall have the responsibility and authority to:

a. Approve or disapprove applications identified in Chapter 17.72, Authority and Permit Decisions and applications elevated to the Planning Commission by the Community Development Director.

b. Make a recommendation on applications identified in Chapter 17.72, Authority and Permit Decisions to the City Council.

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17.02.050 – Interpretations of Provisions

The Community Development Director is assigned the responsibility and authority to interpret the provisions and requirements of Title 17, Zoning. This Section provides the rules for resolving questions regarding the meaning or applicabil ity of any part of the Ordinance.

A. Language.

1. Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Title 17 of the Hollister Municipal Code. The City of Hollister is referred to hereafter as the "City." Title 17 of the Hollister Municipal Code is referred to hereafter as "this Zoning Ordinance." The Community Development Director is referred to hereafter as "Director." The City Council is referred to as the "Council." The Planning Commission is referred to as the "Commission," and the Community Development Department is referred to as the "Department." "Buildings and Structures" are referred to hereafter as "structures."

2. Terminology. When used in this Zoning Ordinance, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

3. Number of Days. Whenever a number of days are specified in this Zoning Ordinance, or in any permit, condition of approval, or notice given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days. Time limits will extend to the following working day when the last of the specified number of days falls on a weekend or City holiday.

4. Minimum Requirements. When interpreting and applying the regulations of this Zoning Ordinance, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

B. Allowable Uses of Land. If a proposed use of land is not specifically listed in in the Use Table for the zoning designation of the project site, the use shall not be allowed, except as follows:

1. Permitted. The Director may determine that a proposed use not listed in this title is allowable if all of the following findings are made:

a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of

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activity/intensity or population density than the uses listed in the district;

b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site;

c. The proposed use will be consistent with the goals and policies of the General Plan and any applicable Planned Development or Specific Plan; and

d. The use will comply with all local, state, and federal laws.

2. Equivalent to a Listed Use. When the Director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and provisions of this Zoning Ordinance apply.

C. Conflicting Requirements.

1. Other Municipal Code Provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations of the City, the most restrictive shall apply.

2. General Plan and Specific Plans. When conflicts occur between the requirements of this Zoning Ordinance and standards adopted as part of the General Plan any specific plan, the requirements of the General Plan or specific plan shall apply.

3. Private Agreements. It is not intended that the requirements of this Zoning Ordinance are to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The City may not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

D. Procedure for Interpretation. The Director shall respond in writing to any request for interpretation of the provisions of this Zoning Ordinance.

1. Request for Interpretation. A request for an interpretation shall be made in writing and submitted to the Department. The request shall specifically state the provision(s) in question and provide any information to assist in the review.

2. Record of Interpretations. Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance

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are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Official interpretations shall be:

a. In writing, and shall quote the provisions of this Zoning Ordinance being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for the interpretation; and

b. Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff. Any provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision will be corrected by amending this Zoning Ordinance as soon as is practical.

Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.

E. Referral. The Director may refer any interpretation of this Zoning Ordinance to the Planning Commission for a decision during a public hearing.

F. Appeal. Any interpretation of the Zoning Ordinance by the Community Development Director may be appealed to the Planning Commission as provided in Chapter 17.78, Appeals.

17.02.060 – Continuity of Provisions

The provisions of this title, to the extent that they are substantially the same as those in prior effect relating to the same subject matter, shall be constructed as restatements and continuations thereof and not as new enactments. No substantial property right accrued, or action or proceeding commenced prior to the effective date of the ordinance codified in this title, is affected by the provisions hereof, but all procedures hereafter taken shall conform to the provisions of this title.

17.02.070 – Partial Invalidation of Zoning Ordinance

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Zoning Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Zoning Ordinance. The Hollister City Council hereby declares that this Zoning Ordinance and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this Zoning Ordinance may be declared invalid, unconstitutional or unenforceable.

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Exhibit B

Chapter 17.03 – Zoning Districts and Zoning Map

17.03.010 – Purpose

The purpose of this Chapter is to establish the zoning districts within the City of Hollister and to adopt the official Zoning Map.

17.03.020 – Districts Established and Designated

The General Plan guides and defines all zoning. To maintain consistency with the General Plan the following Zoning Districts apply to the land use categories as illustrated on the General Plan Land Use Map and as described in the adopted Hollister General Plan.

Table 17.03-1 – Zoning Districts and Companion General Plan Designations

Zoning Map
Symbol Zoning District Name
General
Plan Land
Use Map
Symbol
General Plan Land Use
Name
Residential Zones
R-E Residential Estate RE Residential Estate
R-1 Low Density Residential LDR Low Density Residential R-M Medium Density
Residential MDR Medium Density
Residential
R-OTM Old Town Medium
Density Residential MDR Medium Density
Residential
R-H High Density Residential HDR High Density Residential R-OTH Old Town-High Density HDR High Density Residential R-WF West Fairview Road LDR Low Density Residential
R-MH Mobile Home Park N/A Multiple Categories
Commercial Zones
CO Commercial Office GC General Commercial
GC General Commercial GC General Commercial
Mixed-Use Zones
HO Home Office HO Home Office
DMU Downtown Mixed-Use DMU Downtown Commercial
and Mixed Use
NMU Neighborhood Mixed-Use MU Mixed Use
NG North Gateway Mixed-
Use NG North Gateway
Commercial
WG West Gateway Mixed-
Use WG West Gateway
Industrial/Manufacturing Zones
IBP Industrial Business Park I Industrial

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M1 Light Industrial I Industrial
Special Purpose Zones
A Airport A Airport
AS Airport Support AS Airport Support
OS Open
Space/Conservation OS Open Space
P Park OS Open Space
PF Public Facility/Institutional P Public
Overlay Zones
PD Planned Development N/A Multiple Categories
SP Specific Plan N/A Multiple Categories

17.03.030 – Zoning Map Adopted

A. Implementation. The Zoning Map shall implement the adopted General Plan and Specific Plans.

B. Boundaries. The boundaries of the zoning districts in Table 17.03 -1 shall be shown on the City of Hollister Zoning Map.

C. Map. The Zoning Map, together with all legends, symbols, notation, references, zoning district boundaries and all other information on the map has been adopted by the City Council as required by Government Code Sections 65800 et seq. and is hereby incorporated into this Ordinance by reference.

D. Amendments. Amendments to the Zoning Map shall follow the procedures in Chapter 17.84, Zoning Ordinance Amendments.

17.03.040 – Boundary interpretation.

If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

A. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed a s the district boundaries;

B. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map;

C. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; and

D. In case of uncertainty, the Director shall determine the precise location of the district boundary.

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Exhibit C
Chapter 17.72 – Authority and Development Permit Decisions

17.72.010 – Purpose

This Chapter describes the authority and responsibilities of city staff, the Community Development Director, Planning Commission, and the City Council in the administration of Title 17 “Zoning Ordinance” of the Municipal Code.

17.72.020 – Community Development Director

A. Appointment. The Community Development Director shall be appointed by the City Manager.

B. Authority. The Community Development Director shall have the following responsibilities:

1. To perform the functions designated by Government Code Section 65103;

2. Head and manage the day-to-day and long-range functions of the Community Development Department;

3. Have the responsibility and authority to conduct public hearings and approve or disapprove applications for Administrative Permits, Temporary Use Permits, and minor amendments to approved entitlements as prescribed by this Chapter;

4. Clarify the intent of conditions of approval placed upon entitlements granted by the Planning Commission or City Council under the authority of this Title where necessary;

5. Perform the duties and functions prescribed by this Zoning Ordinance, including but not limited to, the review of development projects, in compliance with this Zoning Ordinance and the California Environmental Quality Act; and

6. Perform any other responsibilities assigned by the City Manager and/or City Council.

C. Designation of Duties. Except where otherwise provided by this Zoning Ordinance, the responsibilities of the Director may also be carried out by Department employees under the supervision of the Director.

17.72.030 – Planning Commission

A. Appointment. See Section 2.20.020 of the Municipal Code.

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B. Meetings. The Planning Commission shall hold regular and special meetings in accordance with the policies outlined in the Planning Commission Bylaws as adopted by resolution of the City Council.

C. Duties. See Section 2.20.060 of the Municipal Code.

17.72.040 – Authority for Land Use and Development Permits

Table 17.72-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of permit or amendment in the administration of the Zoning Ordinance.

Table 17.72-1 Review Authority

Type of Permit or
Decision
Code
Location
Development
Review
Committee (DRC)
Community
Development
Director
Planning
Commission
City
Council
Legislative Actions
Development
Agreements

17.88 Recommend Recommend Recommend Final
Decision
General Plan
Amendments

17.80 Recommend Recommend Recommend Final
Decision
Planned
Developments

17.90 Recommend Recommend Recommend Final
Decision
Pre-Annexation
Agreements

17.88 Recommend Recommend Recommend Final
Decision
Prezoning/
Annexation

17.86 Recommend Recommend Recommend Final
Decision
Specific Plans 17.82 Recommend Recommend Recommend Final Decision
Zoning Ordinance
Amendments

17.84 Recommend Recommend Recommend Final
Decision
Permits
Administrative Sign
Permit

17.98 Not Applicable Decision -- --
Freestanding Sign 17.98 Recommend Decision Appeal Appeal Master Sign
Program

17.98 Recommend Recommend Decision Appeal
Conditional Use
Permit - Major

17.96 Recommend Recommend Decision Appeal
Conditional Use
Permit - Minor

17.96 Recommend Decision Appeal Appeal
Site and
Architectural
Review -
Administrative

17.94 Not Applicable Decision -- --
Site and 17.94 Recommend Decision Appeal Appeal

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Type of Permit or
Decision
Code
Location
Development
Review
Committee (DRC)
Community
Development
Director
Planning
Commission
City
Council
Architectural
Review - Minor
Site and
Architectural
Review - Major

17.94 Recommend Recommend Decision Appeal
Tentative Map 16.36 Recommend Recommend Decision Appeal Lot Line
Adjustment

16.44 Recommend Decision* Appeal Appeal
Final Map 16.40 Recommend Recommend Not Applicable Final Decision
Parcel Map 16.44 Recommend Decision* Appeal Appeal
Temporary Use
Permit

17.100 Recommend Decision Appeal Appeal
Variance 17.102 Recommend Recommend Decision Appeal
Other Approvals
Density Bonus 17.92 Recommend Recommend Decision Appeal Reasonable
Accommodation

17.110 Not Applicable Decision Appeal Appeal
Interpretations 17.02.050 Recommend Decision Appeal Appeal

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Exhibit D

17.74 – Permit Procedures

17.74.010 – Purpose

The purpose of this Chapter is to establish the procedures for the filing, review, processing, withdrawal and revocation of land use and development permits (hereafter referred to as “permits”) required by the Zoning Ordinance.

17.74.020 – Application Fees

A. Fee Schedule. The City Council, by resolution, shall establish a schedule of fees for permits, amendments, and other matters pertaining to this Zoning Ordinance.

For projects that require more than one permit type to approve, all fees associated with each permit type shall be charged. Unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees.

B. Application Fee Payment. All application fees are due at the time of application submittal. The City shall not process any application received until all of the required fees have been paid.

C. Refunds. The application fee shall not be refunded for any project that is denied or withdrawn.

17.74.030 – Preliminary Review

A. Preliminary Review Filing. An applicant or property owner is encouraged to apply for a preliminary review from the Community Development Department prior to the submittal of a formal application.

B. Preliminary Review Application Contents.

1. An applicant is encouraged to submit preliminary plans, diagrams, or conceptual plans in order to receive preliminary feedback on the project proposal prior to the preparation of a formal project submittal. If plans are unavailable, an applicant may also submit a question or written statement as part of the pre-application submittal.

2. The applicant shall submit a completed application for a preliminary review, project materials, and the appropriate filing fee noted in the City’s Fee Schedule.

C. Preliminary Review by the Development Review Committee. All preliminary review applications will be routed to the City’s Development Review Committee (DRC) for review.

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D. Preliminary Review Meeting.

1. Following the review period, the City will schedule a preliminary review meeting between the DRC and the applicant.

2. During the preliminary review meeting, the City will provide the following information, to the extent possible, based on the submitted application materials:

a. Inform the applicant of the General Plan and Zoning Ordinance requirements that apply to the project;

b. Explain the City’s review process;

c. Identify any additional information or technical studies that may be required for the project;

d. Provide guidance to the applicant on possible project alternatives or modifications;

e. Provide guidance on any questions or concerns raised by the applicant in the preliminary application submittal.

3. Preliminary review comments (both oral and written) provided by the City shall not be construed as a recommendation for approval or denial of a project.

4. The preliminary application will not be reviewed for completeness. The project application shall be reviewed for completeness during a formal application submittal and any during the subsequent review for compliance with the California Environmental Quality Act.

17.74.040 – Land Use and Development Permit Application Submittal

A. Project within City Limits. All applications for a use or development permit sh all be for properties located within the City Limits. For properties that are located outside of the City Limits, applications may only be submitted for Annexation with the accompanying Pre-Zoning and General Plan Amendment applications.

B. Forms. The Community Development Director shall prepare application forms and supplemental information forms for all permits. It is the Applicant's responsibility to submit all required application and supplemental forms with their project.

C. Submittal Requirements. The Planning Division shall maintain a list of all submittal requirements for each permit type including plans, written statements, diagrams, maps, reports, and fees. All of the items noted on the list(s) are required to be submitted in order to deem an applicati on complete. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

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D. Signature. Applications may be made by any person so long as the application is signed by the applicant as well as all property owner(s) of record for all parcel(s) located within the project area.

E. Application Submittal. All required application materials together with the application fee shall be submitted to the Planning Division. An application that does not contain all of the required materials will not be accepted as complete.

F. 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 Development, Pre-zone, Annexation, Variance, General Plan Amendment, or Rezoning, 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 sign shall be installed within 30 days. No application shall be deemed complete until the project notification sign is installed.

17.74.050 – Multiple Permit Applications

A. Concurrent Filing. An applicant for a development project that requires the filing of more than one permit type (i.e., Site and Architectural Review and a Minor Conditional Use Permit) shall file all related applications concurrently, together with all applicable fees, application forms, and materials unless the co ncurrent filing requirement is waived by the Community Development Director.

B. Concurrent Processing. The Community Development Department shall process all applications for the same project concurrently. Projects requiring multiple permit applications shall be acted upon by the highest review authority designated by the Zoning Code for any of the applications (e.g., a project requiring a Zoning Map Amendment and a Site and Architectural Review shall have both applications decided by the City Council, instead of the Planning Commission acting on the Conditional Use Permit).

Where a permit requires approval by the City Council, the Planning Commission shall review the project during a public hearing and shall transmit their recommendation on the project to the City Council.

17.74.060 – Application Review

All applications for permits required by this Zoning Ordinance shall be processed as follows:

A. Development Review Committee. All projects which require review by the City’s Development Review Committee (DRC), as noted in Table 17.72-1, shall be routed to the DRC for review for compliance with all applicable city requirements, city standards, state law, and all applicable safety codes.

B. Completeness Review. Within 30 calendar days of the acceptance of an application, the applicant shall be informed in writing if the application is complete

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and has been accepted for processing or if the application is incomplete and that additional information, specified in the Notice, shall be provided. If the 30 th day of review falls upon a weekend or city holiday, the Notice of Completeness shall be provided on the next regular business day.

a. Appeal of Determination. An Applicant may appeal an incompleteness determination by the Community Development Director in accordance with Chapter 17.78 Appeals.

C. Resubmittal of Requested Application Materials. Resubmittals shall contain the information and plans included in the prior submittal plus all items noted in Notice of Incompleteness (partial submittals will not be accepted). Project resubmittals shall be submitted to the City within 180 days of the date of the Notice or the project will be deemed abandoned in accordance with Section 17.74.170. Project resubmittals will be reviewed as noted under Sections A and B above. Follo wing resubmittal and the Applicant will be informed within 30 days if the application is complete for processing or if additional information must be submitted.

D. Environmental Review. After an application has been accepted as complete, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) in accordance with Chapter 17.76. The Department may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act and/or the National Environmental Protection Act.

E. Determination by Decision-Making Authority. Upon completion of environmental review or a determination of exemption from CEQA, a complete application shall be forwarded to the decision-making authority for a determination on the permit application. Staff reports and public noticing shall be prepared where applicable in accordance with this Chapter.

17.74.070 – Referral of Decision-Making Authority

A. Application Referral. Any application may be referred to another decision maker and shall not be considered an appeal.

B. Referral to Planning Commission. At any point during the review process the Community Development Director may transfer original hearing jurisdiction to the Planning Commission at their discretion because of policy implications, unique or unusual circumstances, significant neighbor concerns, or the magnitude of the project.

C. Referral to City Council. At any point in the project review process the Planning Commission may transfer original hearing jurisdiction to the City Council at their discretion because of policy implications, unique or unusual circumstances, regarding the project, or the magnitude of the project.

D. Review of Referred Project. All projects referred to another decision-making body shall be reviewed in the same manner as a non-referred project.

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E. Referral is Not Appealable. The decision to refer a project to another decision - making body may not be appealed.

17.74.080 – Notice of Community Development Decision

A notice of an intent to approve or deny a Minor Site and Architectural Review or a Minor Conditional Use Permit by the Community Development Director shall be given as follows:

A. Notice of Decision. A notice shall be given ten days prior to the decision of the Community Development Director for a Minor Site and Architectural Review Permit or a Minor Conditional Use Permit.

B. Content of Notice. The Notice of Decision shall include the date and time in which the Community Development Director will render a decision on the proposed project; a general explanation of the matter to be considered and the determination proposed to be made; and a general description, in text or by diagram, of the location of the real property that is the subject of the application.

C. Method of Notice Distribution. Notice of a decision by the Community Development Director shall be mailed or delivered as follows:

a. The applicant and the owner(s) of the parcel(s) located within the project area;

b. All occupants of the properties located immediately adjacent to the project site;

c. Occupants of any business located within the same building or shopping center as the proposed use;

d. All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the application; and

e. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current City Fee Resolution for the notice.

D. Request for a Hearing. Should anyone request a public hearing for the proposed project, the Community Development Director shall transfer decision making authority to the Planning Commission and notice of the hearing shall be given under Section 17.74.090.

17.74.090 – Notice of Public Hearing

A notice of a public hearing for review by the Planning Commission and City Council shall be given as follows:

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A. Notice of Hearing. The public shall be provided notice of hearings in compliance with state law (including but not limited to the Planning and Zoning Law, Government Code Sections 65000 et seq., Subdivision Map Act, Government Code Sections 66410 et seq., the Ralph M. Brown Act, and the California Environmental Quality Act, Public Resources Code 21000 et seq.).

B. Content of Notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; and a general description, in text or diagram, of the location of the real property that is the subject of the hearing.

C. CEQA Notice. A notice required pursuant to the California Environmental Quality Act notifying the public comment period for a CEQA document or the intent to adopt a CEQA document may be combined with the required permit public notice.

D. Method of Notice Distribution. Notice of a public hearing required by this title shall be given as follows, as required by Government Code Sections 65090 and 65091.

1. Notice shall be published at least once in a newspaper of general circulation in the City a minimum of ten (10) days prior to the hearing; and

2. Notice shall be mailed or delivered at least ten days before the hearing to:

a. The applicant and the owner(s) of the parcel(s) located within the project area;

b. All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing; and

c. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current City Fee Resolution for the notice.

E. Extensive Mailing. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(3).

G. Additional Notice. The Community Development Director may expand the distribution method at their discretion.

17.74.100 – Staff Reports

When a public hearing is required, a staff report shall be prepared in accordance with the following:

A. Staff Report Preparation. A staff report shall be prepared by the Planning Division that describes the project and the conclusions/findings of staff regarding the

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proposed land use and/or development of the project site and the proposal’s compliance and consistency with the provisions of this Zoning Ordinance, other applicable provisions of the Hollister Municipal Code, applicable design guidelines, applicable specific plans, and the General Plan. The staff report shall include recommendations on the application’s approval, compliance with the provisions of the California Environmental Quality Act, project Conditions of Approval, and findings for approval or disapproval of the application.

B. Report Distribution. Staff reports shall be distributed to applicants and the property owner(s) of the project site at the same time as they are distributed to the Planning Commission or City Council prior to a hearing on the application.

17.74.110 – Public Hearing

When a public hearing is required by this Title, the hearing shall be conducted as follows:

A. Scheduling of Hearing. After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and the preparation of a staff report, the matter shall be scheduled for public hearing on the n ext available meeting agenda reserved for the matters, consistent with CEQA and permit noticing requirements.

B. Public Hearing. Hearings shall be held at the date, time, and place for which notice has been given. The public hearing shall be conducted in accordance with any policies or procedures adopted by the hearing body. At the public hearing, interested persons shall be given the opportunity to present information and testimony about the proposed project.

C. Findings. The Planning Commission and City Council shall make the required findings for each permit type as specified in the Zoning Ordinance.

D. Notice of Decision. At the conclusion of a scheduled hearing, the hearing body will announce its decision or recommendation, as applicable, which shall cont ain applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be provided to the applicant.

E. Recommendation. For applications in which the Planning Commission makes a recommendation to the City Council, the Planning Commission shall transmit its recommendations in writing to the City Council for final action.

F. Continuance of a Public Hearing Item. At the discretion of the hearing body, a public hearing may be continued from its scheduled date to a future date provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

Projects that are not continued to a date certain meeting will be required to be re- noticed in accordance with this Chapter prior to the rescheduled meeting.

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17.74.120 – Denied Projects

Upon denial of a permit, and if the decision is not reversed through an appeal, no further application for a permit for the same use or project on the same property shall be filed for a period of one year from the date of denial. A new application for a permit may be submitted upon the same property within one year of the date of denial if the Community Development Director has deemed that the new project is substantially different from the project that was previously denied.

17.74.130 – Permit Implementation

A. Effective Date of Permits. Non-legislative actions shall become effective on the 11th day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.78 (Appeals). In the case of an appeal being filed, a permit shall become effective following the final determination on the appeal.

B. Applications Deemed Approved. Any permit application deemed approved in compliance with Government Code 65956 shall be subject to all applicable provisions of this Zoning Ordinance and conditions of approval or mitigation measures upon which approval is contingent. No subsequent permit for land development or construction shall be issued or a land use subject to a use permit under this Title established unless the all applicable local, state, and federal requirements are met and conditions of approval or mitigation measures complete.

C. Performance Guarantees. A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance of any/all conditions of approval imposed by the review authority.

D. Permit to Run with the Land. Approved permits shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the approved permit as long as the use and operation is consistent with the approved permit and project conditions of approval.

17.74.140 – Permit Expiration and Extensions

A. Time Limits. Approval of a permit shall be valid for two (2) years following the date of approval. If within the two-year time period, the proposed use of the site has not commenced or a building permit has not been issued for construction of buildings pursuant to and in accordance with the provisions of the approved permit, the permit shall automatically expire.

B. Extensions of Time Tentative Map. Upon request by the applicant, the Planning Commission may extend the time for the Final Map to be recorded in accordance with Section 16.40.010 of the Municipal Code.

C. Extensions of All Other Permits. Prior to expiration of all other approved permits, an applicant may request an extension of the project’s approval as discussed

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below. Should a permit expire, a new application shall be submitted along with project plans and all applicable fees paid. Such application will be processed in accordance with the Zoning Ordinance.

1. Upon request by the applicant, the Community Development Director may extend the time for an approved permit to be exercised. The applicant shall submit the required application form, written statement describing the reason the extension is necessary, and the required application fees at least thirty (30) days prior to expiration of the permit.

2. The request for an extension will be reviewed by the City’s Development Review Committee (DRC) to ensure that the project complies with current requirements of the Fire Code, Building Code, and Municipal Code. The City’s DRC may also impose new or modified conditions of approval on the project as part of the extension request.

3. Following the review and recommendation of the DRC, the Director shall make a determination regarding the request for an extension. Requests for an extension are approved by an Action Letter upon finding that the project conditions of approval are valid and all of the required findings for approval can continue to be made.

4. The Director may, at the Director’s sole discretion, approve an extension of the term of an approved permit for up to a period of one year; provided, that no more than two such term extensions may be approved for any development permit.

5. The decision to grant, deny, or condition an extension is an administrative determination and requires no hearing or notice. The action of the director shall be final, and nothing herein shall be deemed or construed to confer on an applicant a right to an extension or to require the Director to issue an extension. If the Director denies an extension, nothing herein shall preclude the applicant from thereafter filing an application for an appropriate development permit.

D. Cessation of Use. If any use approved under a Conditional Use Permit ceases operations for a period of twelve (12) consecutive months, the approval shall expire.

17.74.150 – Permit Revocation

A. Hearings. At the request of the Community Development Director, the Planning Commission shall hold a public hearing in order to consider revocation or modification of any permit issued by the City.

B. Notice. Ten days prior to the public hearing, notice shall be delivered in writing by certified mail to the applicant and owner of the property for which the permit was granted. Notice shall be deemed delivered upon acceptance of the certified mail.

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C. Findings. A permit may be revoked or modified by the Planning Commission, if any one of the following findings can be made:

1. That the permit was obtained by misrepresentation or fraud;

2. That the Applicant has failed to comply with one or more of the conditions of the permit;

3. That the requirements of the Mitigation, Monitoring, and Reporting Program required under CEQA have not been met;

4. That the improvement authorized in compliance with the permit is in violation of any statute, ordinance, law, or regulation; or

5. That the improvement/use allowed by the permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

C. Revocation, Modification, or Reaffirmation of Permit. If the Planning Commission makes one or more of the above findings it may revoke the permit, change conditions or add new conditions deemed necessary to ensure compliance with CEQA, the Municipal Code and/or General Plan. If the Planning Commission does not make any of the above findings, it shall reaffirm the permit.

D. Notification of Permit Revocation. Upon the revocation, modification or reaffirmation of any land use permit, the Planning Division shall provide the applicant/operator and the property owner a formal written notice of the Planning Commission’s action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Chapter 17.118, Enforcement.

E. Appeal. A decision to revoke, modify or reaffirm any land use permit or approval may be appealed to the City Council.

17.74.160 – Refunds and Withdrawals

A. Denied Applications. Application fees cover City costs for public hearings, staff and consultant review time, reports, letters, and other activities involved in the processing of an application. Therefore, the City will not refund fees for an application that is denied.

B. Application Withdrawal. An applicant may request their application be withdrawn at any time in the process in writing. In the event that an applicant withdraws their application, no refund of the application fee will be granted. If the project included a deposit for the preparation of any studies, technical reports, CEQA work, or other documents, the City will refund the balance once all bills associated with the deposit have been paid.

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C. Deemed Withdrawn. If an applicant does not provide information requested in the Notice of Incompleteness by the Community Development Department within nine (9) months following the date of the notice from the City, the application shall expire and be deemed withdrawn without any further action by the City. After the expiration of an application, future City consideration shall require the submittal of a new complete application and associated filing fee.

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Exhibit E

Chapter 17.78 – Appeals

17.78.010 – Purpose

The purpose of this Chapter is to establish procedures for the appeal of incompleteness, interpretations, decisions, or determinations by the Community Development Director and the Planning Commission.

17.78.020 – Appealable Actions

A. Code Administration and Interpretation. The following actions of the Community Development Director may be appealed to the Planning Commission and then to the City Council:

1. Determinations on the meaning or applicability of the provisions of this Zoning Ordinance that are believed to be in erro r, and cannot be resolved with Department staff;

2. Any determination that a permit application or information submitted with the application is incomplete, in compliance with Government Code Section 65943; and

3. Any enforcement action in compliance with Section 17.118 of the Zoning Ordinance.

B. Action on a Permit.

1. Community Development Director. The approval or denial of a project by the Community Development Director on a permit may be appealed to the Planning Commission.

2. Planning Commission. The approval or denial of a project by the Planning Commission may be appealed to the City Council.

3. Recommendation. A recommendation by the Planning Commission to the City Council is not an appealable action.

17.78.030 – Ministerial Actions

A. There is no right to appeal ministerial actions which do not involve the exercise of judgment or deliberation.

17.78.040 – Who May Appeal

A. Who May Appeal. Any person aggrieved by a decision or action of the Community Development Director may appeal that decision or action to the Planning

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Commission. Any person aggrieved by a decision or action of the Planning Commission may appeal that decision or action to the City Council.

B. City Council. Any Member of the Hollister City Council may appeal the decision of the Community Development Director or Planning Commission acting as an individual.

17.78.050 – Filing Appeals

A. Subdivision Map Act. All appeals of the Planning Commission’s decision on a Tentative Map shall be filed and processed in accordance with the Subdivision Map Act (Government Code Section 66452.5(a)(2) and (3)).

B. Effective Date of Approval. All Planning Commission decisions on a permit application shall become effective at 5:00 p.m. on the tenth day following the action.

C. Filing of An Appeal. All appeals shall be filed prior to 5:00 p.m. within ten days of the action which is the subject of appeal. When the appeal period ends on a weekend or holiday, the appeal period shall exte nd to 5:00 p.m. on the next business day. Appeals filed beyond the ten-day period will not be accepted.

D. Form. An appeal shall be in writing on the form prescribed by the City and accompanied by the required fee. The appeal shall include a written stateme nt which specifically states the pertinent facts and the basis for the appeal, the specific grounds for the appeal, and may also include any materials the appellant wishes to provide.

E. Location of Filing. Appeals of the Community Development Director, in accordance with Section 17.78.020, shall be filed with the Planning Division.

Appeals of any action by the Planning Commission shall be filed with the City Clerk.

F. Hearing Date. The appeal body shall review the appeal no later than 45 days after the date the appeal was filed.

17.78.060 – Effect of Filing

A. Effect of Filing. In the event that an appeal is filed, the decision being appealed shall not be effective until final action by the appeal body and all appeals have been exhausted.

17.78.070 – Processing of Appeals

A. Report and Scheduling of Hearing. The Community Development Director shall prepare a staff report on all filed appeals, and schedule the matter for consideration by the appropriate appeal body after completion of the report.

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B. Notice of Appeal. A public hearing notice shall be provided in accordance with Section 17.74.090 of the Zoning Ordinance for decisions on land use projects that have been appealed.

C. Hearing. The appeal body shall conduct a public hearing in compliance with Section 17.74.090 (Public Hearings). At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

D. Action. During the meeting the appeal body will do one of the following:

1. The appeal body may affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this Zoning Ordinance.

2. Remand the appeal for further review, recommendation or action to the previous review body.

E. New and/or Modified Conditions of Approval. When reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval to address issues or concerns other than the subject of the appeal.

F. Final Decision. The decision of the City Council on an appeal shall be final.

17.78.080 – Effect of Denial

A. Effect of Denial. When an application for a permit is denied on appeal, no application for the same or substantially the same permit or a permit for the same use on the same property shall be filed for a period of one year from the date of denial, except where the permit was denied without prejudice.

17.78.090 – Withdrawal

A. Community Development Director Actions. An appeal may be withdrawn by the appellant, in writing, prior to 3:00 pm on the day of the appeal hearing. Past 3:00 pm, the appeal may not be withdrawn except with the consent of the Planning Commission.

B. Planning Commission Actions. An appeal may be withdrawn, in writing prior to 3:00 pm on the day of the appeal hearing. Past 3:00 pm, the appeal may not be withdrawn except with the consent of the City Council.

17.78.100 – Judicial Review

No person shall seek judicial review of a City decision on a planning permit or other matter until all appeals have first been exhausted.

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Exhibit F

17.80 – General Plan Amendment

17.80.010 – Purpose

The purpose of this Chapter is to establish the rules and procedures for the review of proposed amendments to the text, goals, policies, implementation, land use designations or maps.

17.80.020 – Frequency

A. Frequency of Amendments. pursuant to Government Code Section 65358, mandatory elements of the General Plan shall not be amended more than four (4) times per year. If more than four (4) applications are submitted during a calendar year, City Planning staff may combine the applications and bring forth two (2) or more applications at a time to comply with the Government Code.

B. Adjacent Projects. If the City receives a General Plan Amendment request for two projects which are located close to or in close proximity to each o ther, the Community Development Director may require the applications to be processed together.

17.80.030 – City Initiation of a General Plan Amendment

A. City Council Initiation. Any member of the City Council may propose an amendment to the General Plan. Council initiation of a General Plan Amendment shall require four (4) affirmative votes of the Council.

B. Planning Commission Initiation. The Planning Commission may recommend City Council initiation of a General Plan amendment by four affirmative votes, provided that the Commission provides the Council both a report and recommendation. The City Council will then review the request and process said request in accordance with A above.

C. City Staff Initiation. City Staff may request an amendment to the General Plan.

Staff-initiated General Plan Amendments shall not require prior authorization of the City Council.

17.80.040 – Property Owner or Applicant Initiation of a General Plan Amendment

A. Initiation of General Plan Amendment. A General Plan amendment may be proposed by a property owner or property owner representative. For project areas which include more than one property owner, all property owners shall consent to the application. Prior to submission of an application for a General Plan amendment, the property owner(s) shall submit, on a form prepared by the City together with a filing fee, a request for Initiation of a General Plan amendment.

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B. Authorization To Proceed. Once received, the proposed General Plan amendment request for initiation will be scheduled for a City Council public hearing to determine if the City Council will authorize the application to proceed.

Authorization of a property owner initiated General Plan Amendment shall require four (4) affirmative votes of the Council to proceed.

C. General Plan Amendment Application. Following the authorization of the City Council for initiation of a General Plan amendment, the Applicant shall submit a General Plan Amendment Application, filing fee, and all items noted on the City’s checklist within six (6) months of authorization by the City Council.

D. Inaction. In the event that the City Council approves a General Plan Amendment initiation request and the applicant fails to apply for the General Plan Amendment within six months, the initiation request shall be deemed withdrawn and future amendment requests will need to go through the initiation process.

17.80.050 – Review Procedures

A. Project Review . Once the City Council determines that the proposed General Plan amendment should be processed, City staff will process the application in accordance with Chapter 17.74, Permit Procedures and Chapter 17.76, Environmental Review.

B. Notice. Notice of the hearings shall be given in compliance with Chapter

17.74.090.

C. Planning Commission Action. The Planning Commission shall review General Plan Amendments and shall make a written recommendation to the Council whether to approve, approve in modified form, or disa pprove the proposed amendment, based upon the findings contained in 17.80.060.

D. City Council Actions. Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form or disapprove the proposed amendment based upon the findings contained in 17.80.060. Action of the City Council is final.

E. Effective Date. Upon approval of a General Plan amendment by the City Council, the amendment shall go into effect thirty (30) calendar days following the date of the decision.

17.80.060 – Findings for General Plan Amendments

In approving or denying a request for a General Plan Amendment, the Planning Commission and City Council shall make the following findings:

A. The amendment is internally consistent with all other provisions of the General Plan;

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B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare; and

C. The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses or development.

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Exhibit G

17.82 - Specific Plans

17.82.010 – Purpose

The purpose of this Chapter is to establish the procedures for the adoption, implementation, and amendments of specific plans. When required by the General Plan, this Zoning Ordinance, or proposed by an Applicant, a specific plan shall be prepared, processed, approved or denied, and implemented in compliance with this Chapter and Government Code Section 65450 et seq.

17.82.020 – Relationship to Zoning Ordinance

An adopted specific plan shall operate as the zoning regulations for the specific plan area and each property located within the area. Where the specific plan is silent on uses, development standards, or permit requirements, the property shall be subject to the requirements of the Zoning Ordinance.

17.82.030 – Relationship to General Plan

A. Residential Density. A specific plan must meet the development potential identified for the properties within the specific plan area in the General Plan. Each specific plan shall calculate the minimum and maximum number of dwelling units allowed by the General Plan. The specific plan may locate dwelling units, residential land uses, and dwelling types in the area where deemed appropriate, however the development potential identified in the General Plan must be met at build out.

B. Land Uses. A specific plan shall be consistent with all land uses, housing types, and other requirements of the General Plan land use designations for the specific plan area.

C. Goals and Policies. A specific plan shall conform to the goals and policies of the General Plan.

17.82.040 – Initiation Procedures

A specific plan may be initiated in the following manner:

A. City Initiated. The City may adopt a specific plan for any land within the City Limits or the Sphere of Influence upon authorization of the City Council.

B. Non-City Initiated. A project applicant may apply for a specific plan, with written authorization of all property owners within the specific plan area. An applicant can apply for a specific plan for land located inside the City Limits or land located outside the City Limits, but within the City’s Sphere of Influence, and contiguous to the City Limits.

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C. Mandatory Preliminary Application. Before preparing a non-city initiated specific plan in compliance with this Chapter, the applicant shall apply for a Preliminary Application Review from the Community Development Department to request a pre-application conference. The purpose of the meeting shall be for the Department and applicant to review the requirements of this chapter and the provisions of the General Plan, this Zoning Ordinance, or State law that require preparation of the specific plan, to discuss issues associated with the specific plan area that shall be addressed by the plan, and to respond to questions from the applicant about the proper procedure for preparing the plan, its processing, and issues associated with its implementation if it is approved.

17.82.050 – Content of Specific Plans

A. Specific Plan Content. A specific plan shall include all of the information required for specific plans by Government Code Section 65451 and as follows:

1. Proposed Land Uses. The distribution, location and extent of land uses proposed within the area covered by the specific plan, including open space areas.

2. Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities to be located within the specific plan area and needed to support the proposed land uses.

3. Development Regulations. Regulations for future development which shall include but not be limited to development standards (i.e. setbacks, lot coverage), recreation and open space requirements, parking, accessory structures, additions, and allowable uses.

4. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria, phasing of the project area, and development application review processes.

5. Relationship to General Plan. A statement of the relationship of the specific plan to the General Plan.

6. Residential Development Potential. The specific plan must provide a breakdown of each property within the specific plan area and the residential density allowed by the General Plan. Total development potential for the specific plan area must be calculated based on the land use designations and total area for each designation. The specific plan must then assign the development potential to specific properties and show how the number of dwellings allowed by the General Plan will be constructed within the specific

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plan area. An accompanying map shall show the required density for each area within the specific plan area.

7. Design Guidelines. The specific plan must provide design guidelines for each land use. Guidelines shall include requirements for architecture, streetscape, landscaping, parking, signage, screening, open space, and outdoor spaces.

8. Additional Information. The specific plan shall contain any additional information determined to be necessary by the Director because of the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue determined by the Director to be significant.

17.82.060 – Specific Plan Application

Applications for a Specific Plan shall include:

A. Application Form. The project applicant shall submit an application on a form prescribed by the City for a Specific Plan, along with an any other applications that are necessary to process the request (such as a rezone, prezone or General Plan Amendment). If the property is not under a single ownership, all owners must sign the application, and a map showing the extent of ownership shall be submitted with the application.

B. Draft Specific Plan. The project applicant shall submit the draft specific plan with all of the required information in Section 17.82.050.

C. Rezone. A request for a Specific Plan must also include a rezone or prezone of the property to designate the specific plan area on the general plan land use map.

A map of the area to be rezoned shall be submitted with the application.

17.82.070 – Environnemental Review

A. Environmental Review. The draft specific plan shall be subject to environmental review as specified in Chapter 17.76, Environmental Review, and in accordance with the California Environmental Quality Act (CEQA).

17.82.080 – Adoption and Amendment Procedures

A. Approval Process. An application for a specific plan and the accompanying rezone or prezone shall be reviewed by the Planning Commission during a public hearing. The Planning Commission will then make a recommendation to the City Council. The City Council will then act upon the request for a Specific Plan.

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B. Planning Commission Review.

1. Hearing. Following the receipt of a complete application for a Specific Plan, the Planning Commission shall conduct a noticed public hearing for consideration of the application.

2. Decision. The Planning Commission shall take one of the following actions during the public hearing:

a. The Planning Commission shall make a written recommendation to the City Council to approve, approve with conditions or modification, or deny the application as submitted and shall make written findings supporting the reason for this recommendation in accordance with Section 17.82.090.

b. If the Planning Commission is unable to make a recommendation to the City Council because the application fails to receive a majority vote resulting in no action being taken by the Planning Commission, the application shall be forwarded directly to the City Council.

C. City Council Review.

1. Public Hearing Required. After the Planning Commission provides a recommendation on the application for a Specific Plan, the City Council shall hold a noticed public hearing on the application, shall consider the recommendations of the Planning Commission, and shall hear evidence presented for and against the proposed Specific Plan and accompanying rezone.

2. Decision. Following the conclusion of the public hearing, the City Council shall approve, modify, or reject the Planning Commission’s recommendation. If the City Council requires the applicant to make a substantial modification not previously considered by the Planning Commission, the revised Specific Plan shall be referred back to the Planning Commission for review and a written recommendation prior to consideration of the amendment. Prior to the approval of a Specific Plan, the City Council shall make written findings in the Resolution approving the Specific Plan, in accordance with Section 17.82.090 supporting the reason for approving the Specific Plan.

3. Amendments. A specific plan may be amended as often as necessary.

Amendments to an adopted Specific Plan shall be made in accordance with the provisions of this Section for the adoption of a specific plan, except that a rezone is not required for Amendments.

17.82.090 – Required Findings

An application for a Specific Plan and the accompanying Rezone or Prezone shall be approved if the following findings can be made.

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A. The proposed specific plan is consistent with the goals and policies of the General Plan.

B. The land uses and density (overall) of the specific plan area conform to the land uses and density of the General Plan designation of the site.

C. The specific plan contains all of the required information in Section 17.82.050.

D. Development under the Specific Plan will not have a significant effect on the environment or is subject to the overriding findings by the City Council.

E. The proposed specific plan will not adversely affect surrounding properties.

F. The Specific Plan Area is within the City Limits or is within the City’s Sphere of Influence and contiguous to property located within the City Limits.

17.82.100 – Specific Plan Established

A. Rezone. Each Specific Plan shall be accompanied by a request for a rezone or prezone.

B. Zoning Map. Following approval of the rezone, the boundary of the Specific Plan shall be indicated on the Zoning Map. Each specific plan shall be noted on the map as being zoned the name of the specific plan (i.e. West of Fairview Specific Plan).

17.82.110 – Further Development Review

A. Compliance with Specific Plan. After the adoption of a specific plan, no public works project, improvement, tentative or parcel map, or other development application shall be approved unless it is consistent with the specific plan.

B. Required Development Permits. Prior to the construction of any structure or the establishment of any use within the Specific Plan area, all necessary permits as required by the Specific Plan or Zoning Ordinance shall be obtained.

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Exhibit H

Chapter 17.84 – Zoning Ordinance Amendments

17.84.010 – Purpose

The purpose of this Chapter is to establish procedures for amending the text of the Zoning Ordinance and amending the City of Hollister’s Zoning Map.

17.84.020 – Initiation

A. Amendments to the Zoning Ordinance. An amendment to the text of the Zoning Ordinance may be initiated by Staff, the Planning Commission, or the City Council.

B. Amendments to the Zoning Map. An amendment to the City of Hollister’s Zoning Map, thereby rezoning a property f rom one zoning district to another, or to modify the boundaries of a zoning district, may be initiated by an applicant, the Planning Commission, or the City Council.

C. Amendments which include a Prezoning or General Plan Amendment.

Amendments to the Zoning Map which include a prezoning shall be initiated in accordance with Chapter 17.86, Prezoning/Annexation. Amendments to the Zoning Map which also include an amendment to the General Plan shall be initiated in accordance with Chapter 17.80, General Plan Amen dments.

17.84.030 – Review Procedures

A. Application. An application for an amendment to the City of Hollister’s Zoning Map shall be filed and reviewed in accordance with Chapter 17.74, Permit Procedures.

The application shall include the required application form, signed by all property owners, together with all information and materials required by the Planning Division and the required application fee.

B. Notice. Notice of the Planning Commission and City Council public hearings shall be provided in accordance with Section 17.74.090. Notice of the Planning Commission review of an amendment to the Zoning Ordinance or Map, during a public hearing, shall be published, posted, and mailed 20 days prior to the hearing in accordance with Section 65854 of the Government Code.

C. Planning Commission Action. The Planning Commission shall review amendments to the Zoning Ordinance or Zoning Map and shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in

17.84.040.

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D. City Council Action. Upon receipt of the Commission's recommendation, the Council shall make one of the following actions during a public hearing:

1. Approve. Approve the amendment as propo sed or approve in modified form based upon the findings contained in 17.84.040. If the Council proposes to adopt any substantial modifications to the amendment, which were not previously considered by the Planning Commission during its hearing(s), the proposed modification shall first be referred back to the Planning Commission for further consideration and recommendation.

2. Remand. The City Council may remand the amendment back to the Planning Commission for further discussion or consideration based on feedback by the Council.

3. Deny. The City Council may deny the proposed amendment based upon the findings contained in 17.84.040. No action by the City Council shall also constitute a denial of the proposed amendment.

E. Final Action. Approval or denial by the City Council in accordance with Subsection (D) above is final.

17.84.040 – Findings

A. Zoning Ordinance Amendment. In approving or denying a Zoning Ordinance Amendment, the Planning Commission and City Council shall make the following findings:

1. The proposed amendment is consistent with the General Plan and any adopted specific plans.

2. The proposed amendment is internally consistent with other provisions of the Zoning Ordinance.

B. Zoning Map Amendment.

1. The proposed amendment is consistent with the General Plan and any adopted specific plans.

2. The proposed map amendment would be compatible with the existing and planned development in the surrounding area.

3. The subject site is physically suitable for the proposed land use and intensity of the zoning district proposed for the site.

4. The proposed amendment would not be detrimental to public interest, health, safety, convenience, or welfare.

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17.84.050 – Effective Date

A. Effective Date. A Zoning Ordinance text amendment or a Zoning Ordinance map amendment shall take effect 30 days following adoption of the ordinance by the City Council.

17.78.060 – Record of Amendments

A. Zoning Map. Within 30 days of the effective date of a Zoning Ma p Amendment, the Planning Division shall modify the City’s Zoning Map to reflect the change.

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Exhibit I

17.86 – Prezoning and Annexations

17.86.010 – Purpose

The purpose of this Chapter is to establish the rules and procedures for the review of requests to prezone a property prior to annexation into the City of Hollister.

Unincorporated properties within the City’s Sphere of Influence who wish to annex into the City of Hollister shall first receive approval of a Prezone of the property prior to application to the Local Area Formation Commission (LAFCO) for annexation.

17.86.020 – Applicability

A. Contiguous Property. An Applicant or Property Owner(s) may request prezoning of a property which is contiguous to the City of Hollister’s City Limit Line as required by Government Code Section 56741.

B. Non-Contiguous Property. If an Applicant or Property Owner wishes to annex a property into the City of Hollister that is not contiguous to the City Limit Line, the request shall include all properties between the parcel and the City Limit Line, so that the entire annexation area is contiguous to the City.

C. City-Initiated Prezone. The City of Hollister may prezone a property in accordance with Government Code Sections 56737 -56759.

17.86.030 – General Plan Amendment Required

A. Concurrent Application. All requests for a Prezoning shall be accompanied by a concurrent request for a General Plan Amendment and shall be initiated in accordance with Section 17.80.040, Property Owner or Applicant Initiation of a General Plan Amendment.

B. Inaction. In the event that the City Council approves a Prezone and General Plan Amendment initiation request and the applicant fails to apply for the Prezone and General Plan Amendment within six months, the initiation request shall be deemed withdrawn and future amendment requests will need to go through the initiation process.

17.86.040 – Review Procedures

A. Application Filing. Prior to filing a formal application for Prezoning, the applicant shall have received City Council authorization to proceed with the associated General Plan Amendment as outlined in Section 17.86.030.

1. Formal applications for Prezoning shall be timely filed following authorization to proceed, as required by Section 17.80.040(D).

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B. Project Review. City staff will process the application in accordance with Chapter

17.74, Permit Procedures, Chapter 17.84, Zoning Ordinance Amendments.

C. Notice. Notice of the hearings shall be given in compliance with Chapter

17.74.090.

D. Planning Commission Action. The Planning Commission shall review Prezone applications and shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in 17.86.050.

E. City Council Actions. Upon receipt of the Commission's recommendation, the Council may make one of the following actions during a public hearing:

1. Approve. Approve the Prezone as proposed or approve in modified form based upon the findings contained in 17.86.050. If the Council proposes to adopt any substantial modifications to the amendment, which was not previously considered by the Planning Commission during its hearing(s), the proposed modification shall first be referred back to the Planning Commission for further consideration and recommendation.

2. Remand. The City Council may remand the Prezone back to the Planning Commission for further discussion or consideration based on feedback by the Council.

3. Deny. The City Council may deny the proposed amendment based upon the findings contained in 17.84.040. No action by the City Council is a denial of the proposed amendment.

F. Final Action. Action of the City Council is final.

17.86.050 – Findings for Prezones

In approving or denying a request for a Prezone, the Planning Commission and City Council shall make the following findings:

A. The proposed prezone is internally consistent with all other provisions of the General Plan and any adopted specific plans.

B. The proposed prezone would be compatible with the existing and planned development in the surrounding area.

C. The proposed prezone would not be detrimental to the public interest, health, safety, convenience, or welfare.

D. The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses or development.

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17.86.060 – Application to LAFCO

A. Application to LAFCO. Upon approval by the City Council of a request for a Prezone, the City shall apply for annexation of the property into the City as required by the San Benito Local Agency Formation Commission (LAFCO). All application materials and fees required by LAFCO shall be submitted to the City by the Applicant.

17.86.070 – Zoning Upon Annexation

A. Effective. The prezoning designation shall become effective upon approval of the annexation by LAFCO via an approved Resolution. Once approved, the Zoning Map and General Plan Land Use Map shall be amended to accurately reflect the zoning and land use designations for the property.

B. Limit on Rezones. After annexation, an Applicant or Property Owner may not apply for a rezone or general plan amendment for a period of two years following the effective date of the annexation, except as may be allowed by Government Code Section 56375(e).

17.86.080 – Expiration of Prezone

A. Expiration of Prezone. Upon approval by the City Council, a Prezone shall expire within one (1) year of approval if the Applicant has failed to provide the necessary materials in accordance with Section 17.86.060 above or if LAFCO denies the annexation.

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Exhibit J

17.88 – Development Agreements

17.88.010 – Purpose

The purpose of this Chapter is to outline the procedures and requirements for the review and approval of Development Agreements, which is an agreement entered into between the City and a property owner(s) of a specific project, in accordance with Government Code Sections 65864 – 65869.5.

17.88.020 – Development Agreement Requests

A. Applicant. A person or persons whom have a legal or equitable interest in a property (which is the subject of the Development Agreement) or their authorized agent may submit an application for a Development Agreement. Where there is more than one property owner, all property owners must agree to the Development Agreement application. An application for a Development Agreement may be filed for the following types of properties.

1. City limits. The City of Hollister may enter into a Develop ment Agreement with the property owner(s) of a property within the City.

2. Sphere of Influence. The City of Hollister may enter into a Development Agreement for a property located within the City’s Sphere of Influence. Any Development Agreement entered into, for land located outside the City Limits, will not take effect until the annexation of the property is approved by the San Benito Local Agency Formation Commission (LAFCO). If annexation is not completed within the time specified within the Development Agreement, the Development Agreement shall become null and void.

17.88.030 – Content of Development Agreements

A. Required Content. The Development Agreement shall include all of the required content found in Government Code Section 65865.2 and as listed below:

1. Duration of the agreement;

2. Phasing of a project;

3. Permitted/allowed uses for the subject property;

4. Density or intensity of the allowable uses;

5. Provisions, if any, for reservation or dedication of land for public purposes;

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6. Protection from either a future growth control ordinance or a future increase in development or impact fees; and

7. Review procedures for development within the project area and/or amendments.

B. Optional Provisions. A Development Agreement may also contain additional provisions which are not required by Government Code Section 65865.2, such as the financing of necessary public improvements or reimbursement over time.

C. Provisions Required by City Council. Development Agreements may also include any terms determined to be appropriate and necessary by the City Council.

17.88.040 – Application

A. Application. An application for a Development Agreement shall be filed on the form prescribed by the City and filed with the Planning Division. All property owners of the properties which are a part of the Development Agreement shall sign the application form.

B. Fee. The application for a Development Agreement shall be accompanied by the fee listed on the City’s Fee Schedule.

C. Materials. The Applicant shall submit any information or supporting data the Community Development Director determines is necessary to process the application.

17.88.050 – Review Procedures for Development Agreements

A. Development Agreement Review. The Community Development Director and Development Review Committee shall review all applications for a Development Agreement.

B. Notice. Notice of the hearings shall be given in compliance with Chapter 17.74.

C. Concurrent Review. When a Development Agreement application accompanies another development application, the Development Agreement and development application(s) shall be reviewed concurrently.

D. Planning Commission Action. The Planning Commission shall review Development Agreements and shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in 17.88.070.

E. City Council Actions. Upon receipt of the Commission's recommendation, the Council may make one of the following actions during a public hearing:

1. Approve. Approve the Development Agreement as proposed or approve in modified form based upon the findings contained in 17.88.070.

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2. Deny. The City Council may deny the proposed Development Agreeme nt based upon the findings contained in 17.88.070. No action by the City Council is a denial of the proposed amendment.

3. Final Action. Action of the City Council is final.

Section 17.88.060 – Amendments and Cancellations

A. Amendment to a Development Agreement. An amendment (including an extension of the terms of the Agreement) to a Development Agreement may be proposed by any party to the Agreement. Amendments to a Development Agreement shall be reviewed in accordance with t he review for new Development Agreements, as discussed in Section 17.88.050.

B. Cancellation of a Development Agreement. Any party to a Development Agreement may propose cancellation of a Development Agreement. Cancellation of a Development Agreement shall be reviewed in accordance with the review for new Development Agreements, as discussed in Section 17.88.050.

17.88.070 – Findings for Development Agreements

In approving or denying a Development Agreement, the Planning Commission and City Council shall make the following findings:

A. The Development Agreement is consistent with the General Plan and any applicable Specific Plan;

B. The Development Agreement will not adversely affect the orderly development of property.

C. The Development Agreement is in the best interest of the City.

D. A Tentative Map prepared for a subdivision (as defined under Government Code Section 66473.7) which is a part of the Development Agreement will comply with Government Code Section 66473.7.

17.88.080 – Recordation

A. Effective. Within ten (10) days following City Council approval of a Development Agreement, the City shall record a copy of the Development Agreement with the San Benito County Recorder.

17.88.090 – Periodic Review

A. Periodic Review. The Community Development Director shall conduct a periodic review of each Development Agreement every twelve (12) months.

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B. Applicant Demonstration. The Applicant or successor shall demonstrate good faith compliance with the terms of the Development Agreement during the review.

Should the City determine that the Applicant has not complied in good faith with the terms or conditions of the agreement, the City may terminate or modify the agreement.

C. Fees. If necessary, the applicant shall be required to cover the costs associated with the review and any necessary amendments.

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Exhibit K

Chapter 17.90 Planned Developments

17.90.010 – Purpose

The purpose of this Chapter is to:

A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with the layout, design, uses, and development standards specifically tailored to the project.

B. Allow for high quality development with maximum flexibility where strict application of the requirements of the Zoning Ordinance would result in a less desirable project.

C. Maintain consistency with, and implement the provisions of, the General Plan and applicable specific plans.

D. Ensure orderly and thoughtful planning of development projects to create a more desirable use of the land, ensure coordinated development of the project area, and result in a better physical environment.

E. Allow freedom of design, layout, and uses to obtain developments which enhance the community by surpassing the type of development required by strict application of the Zoning Ordinance.

F. Ensure that all Planned Developments provide a Substantial Public Benefit in exchange for relief from the strict application of the Zoning Ordinance.

17.90.020 – Applicability

An applicant may apply for a Planned Development Permit for any of the following:

A. Any project where the total project area is over one acre in size within the city limits.

B. As a prezone for any project that is requesting annexation into the City of Hollister.

17.90.030 – Planned Development Established

A. Rezone. Each Planned Development shall be established through a rezone (or prezone where applicable) to “Planned Development.”

B. Underlying Zoning Designation. Each Planned Development shall also have an underlying zoning district established within the Planned Development. The proposed underlying zoning district shall be compatible with the General Plan land use designation for the property. If more than one land use designation exists for

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the project area, each land use designation shall have an accompanying underlying zoning district.

C. Zoning Map. Following approval of a Planned Development rezone, the boundary of the Planned Development shall be indicated on the Zoning map. Each Planned Development shall be noted on the map as being zoned Planned Development (“PD”) and the Planned Development application number shall be noted on the map (for example PD 2023-1).

17.90.040 – Land Use

The following uses are permitted in a Planned Development:

A. Established in the Underlying Zoning District. Any use permitted or conditionally permitted in the underlying zoning district or in any applicable specific plan.

B. Uses Not Listed. Any use or uses that are not included in the Zoning Ordinance but are compatible with the intent and design of the Planned Development and are compatible with the General Plan use designation of the site, as determined by the Planning Commission and City Council.

C. Accessory Uses. Any Accessory Uses, as defined in 17.02.020, that meet the needs of the residents or employees within a Planned Development and would otherwise not be permitted by the underlying zoning district.

D. Multi-Family within a Single-Family Development. Multi-family dwelling units are allowed within any property designated as single family if the total numb er of dwelling units project-wide falls within the density range allowed by the General Plan.

17.90.050 – Density

A. General Plan Density. The total number of dwelling units to be constructed within the project area shall be within the density range allowed by the General Plan land use designation(s) for the project area. The Planned Development may not increase or decrease the total number of dwelling units required to be constructed by the General Plan.

B. Density Calculation. Project density shall be calculated by using the total size (acreage) of each General Plan land use designation within the Planned Development and calculating the maximum density allowed for each land use. The Planned Development is not required to ensure that development on each parcel meets the permitted density range, the Planned Development can distribute the total number of allowed dwelling units or non -residential space throughout the project area if the required density range is met project wide.

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C. More Than One Land Use Designation. For projects in which there are more than one General Plan land use designation, the total maximum density shall be the maximum density allowed for each land use designation.

17.90.060 – Deviations Allowed for Planned Developments

A. Development Standards. A Planned Development may establish development standards that are different from the standards established for the underlying zoning designation(s) for the project area. Each land use designation within the project area may establish its own development standards. The following deviations from the underlying zoning designation development standards are allowed within a Planned Development:

1. Height;

2. Minimum lot size and lot area per dwelling unit;

3. Lot width, depth, and frontage;

4. Setbacks;

5. Open space requirements; and

6. Lot Coverage and Floor Area Ratio.

B. Dwelling Types. The Planned Development may allow dwelling types that are not otherwise permitted under the site’s land use designation except for single family in a multi-family designation.

C. Other. The relief of any provision of the Zoning Ordinance that would preclude the construction of a desirable development, as determined by the Planning Commission and City Council.

D. Shared Parking. A Planned Development, if supported by a parking study, may establish shared parking within the Planned Development at the discretion of the Planning Commission and City Council.

17.90.070 – Substantial Public Benefit in Exchange for a Planned Development

Each Planned Development must contain one or more Substantial Public Benefit(s) in exchange for any modifications from standard zoning requirements. A "Substantial Public Benefit" means a project feature not otherwise required by the Municipal Code or General Plan that provides a unique feature or benefit to the City or the neighborhood in which it is located. Examples of Substantial Public Benefits include but are not limited to:
enhanced architectural designs; public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather; commercial uses in a residential development that serve the neighborhood (excluding properties that are designated as Mixed-Use in the General Plan); recreational facilities; public art; community space(s); parks; contribution to or construction of significant off -site

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public improvements or community space; the preservation, restoration, or rehabilitation of a historic resource; and/or the protection of natural resources.

17.90.080 – Prohibited within a Planned Development

A Planned Development may not be used to request deviations from any of the following regulations:

A. The lowering or increasing of the residential density required by the General Plan land use designation(s) for the property.

B. The elimination of a commercial component for projects designated as Mixed -use in the General Plan.

C. Downtown Commercial Mixed-Use zoning requirements.

D. For properties with a General Plan land use designation of Medium or High Density Residential or Mixed-Use, the Planned Development may not be used to modify the allowed dwelling unit types to allow single family residences, unless the Planning Commission and City Council determine that single family residences may be allowed as an Accessory Use and where the density of the project meets the required density of the General Plan.

E. For the reduction of any design standards or guidelines adopted by the City.

F. For the reduction of design or preservation requirements for any structure that is designated as historical.

17.90.090 – Planned Development Application

Applications for a Planned Development shall include:

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 Planned Development. If the property is not under a single ownership, all owners must sign the application, and a map showing the extent of ownership shall be submitted with the application.

B. Site Plan. Plans or maps depicting the existing topography, on -site structures, natural features, mature trees, and other significant vegetation and drainage patterns. The map shall also show the project boundaries and all properties within one hundred feet of the site boundary.

C. Conceptual Land Use Plan. A map showing the location of each land use proposed within the site (including housing types where applicable), open space and common areas, community facilities, and the location of any use or structure that is proposed as a Substantial Public Benefit.

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D. Density. A plan showing the total site area, total density range for each General Plan land use designation for residential and non-residential designations, maximum numbers of residential units by type, and maximum non -residential square footage for each use.

E. Project Narrative. A written project narrative which includes the following information:

a. A description of the proposed project, existing and proposed General Plan land use designation(s), and the proposed underlying zoning district(s).

b. Existing use of the project area and site conditions.

c. A statement of the project objectives, how the proposed project will comply with General Plan goals and policies for the applicable land use designation, and how the project complies with the purpose of this Chapter.

d. An overview of the proposed development plan including land use, densities, residential dwelling types, open space, and parking.

e. A description of the project access and circulation.

f. A description of how the proposed development is superior to de velopment that could occur with the strict application of the standards required by the underlying zoning designation, and how it will provide a Substantial Public Benefit.

g. The amount (in square feet or acres) and percentage of site area that will be dedicated for all land uses including residential, commercial, office, industrial, open space, recreational facilities and amenities, public facilities, and public buildings. The maximum number of dwelling units, by type, and the maximum square footage of all non-residential uses must be provided.

h. A written statement of proposed uses including permitted, conditionally permitted, prohibited, and Accessory Uses for each land use type.

i. All development regulations that apply within the project, including:

i. Density;

ii. Minimum lot size and dimensions;

iii. Maximum building coverage including lot coverage and Floor Area Ratio;

iv. Minimum setbacks;

v. Maximum building heights;

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vi. Landscaping;

vii. On-site parking; and

viii. Other items as recommended by Staff and deemed appropriate by the Planning Commission and City Council.

F. Design Guidelines. Design standards and guidelines for the construction of future structures within the project area including landscaping, screening, and architectural design.

G. Phasing. For Planned Developments that are to be constructed in phases, a phasing plan must be provided.

H. Parking. Where a Planned Development includes shared parking or a use which is not listed in the Zoning Ordinance, a parking study prepared by a qualified preparer shall be submitted which establishes the parking requirement for the new use or reviews the proposed shared parking plan.

17.90.100 – Review of a Rezoning to Planned Development

A. Approval Process. An application for a rezone to Planned Development shall be reviewed by the Planning Commission during a public hearing. The Planning Commission will then make a recommendation to the City Council. The City Council will then act upon the request for a rezone to a Planned Development.

B. Planning Commission Review.

3. Hearing. Following the receipt of a complete application for a Planned Development, the Planning Commission shall conduct a noticed public hearing for consideration of the application.

4. Decision. The Planning Commission shall take one of the following actions during the public hearing:

c. The Planning Commission shall make a written recommendation to the City Council to approve, approve with conditions or modification, or deny the application as submitted and shall make written findings supporting the reason for this recommendation in accordance with Section 17.90.120.

d. If the Planning Commission is unable to make a recommendation to the City Council because the application fails to receive a majority vote resulting in no action being taken by the Planning Commission, the application shall be forwarded directly to the City Council.

C. City Council Review.

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4. Public Hearing Required. After the Planning Commission provides a recommendation on the application for a Planned Development, the City Council shall hold a noticed public hearing on the application, shall consider the recommendations of the Planning Commission, and shall hear evidence presented for and against the proposed Planned Development rezone.

5. Decision. Following the conclusion of the public hearing, the City Council shall approve, modify, or reject the Planning Commission’s recommendation. If the City Council requires the applicant to make a substantial modification not previously considered by the Planning Commission, the revised Planned Development shall be referred back to the Planning Commission for a written recommendation prior to consideration of the amendment. Prior to the approval of a Planned Development rezone, the City Council shall make written findings in accordance with Section 17.90.120 supporting the reason for approving the Planned Development rezone.

6. Second Reading. If the Planned Development is approved by the City Council, a second reading of the Ordinance will take place at the following City Council meeting. The Ordinance establishing the Planned Development rezone will not take effect until 30 days following the second reading.

17.90.110 – Ordinance Format

Each Ordinance for a Planned Development shall establish the following:

A. Purpose and intent of the Planned Development;

B. Underlying zoning district(s);

C. A list of all permitted, conditionally permitted, and prohibited uses within the Planned Development;

D. All applicable design themes, guidelines, or standards; and

E. All site development regulations including:

1. Density;

2. Setbacks;

3. Maximum height;

4. Maximum Lot Coverage or Floor Area Ratio;

5. Open Space requirements;

6. Accessory Uses or structures;

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7. Landscaping and screening;

8. Parking and loading; and

9. Other items recommended by Staff and deemed appropriate by the Planning Commission and City Council

17.90.120 – Required Findings

An application for a Planned Development rezone shall be approved if the following findings can be made, in addition to the required findings of other permits required for the project.

A. The Planned Development is consistent with the General Plan, applicable specific plan, and other plans and policies adopted by the City Council.

B. The Planned Development will not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the Planned Development or to the general welfare of the city.

C. The proposed development is superior to the develop ment that could occur under the requirements of the Zoning Ordinance for the underlying zoning designation.

D. That the location, design, size, and uses will result in an attractive, well designed, and beneficial environment for living, shopping, or working.

E. The proposed Planned Development will be harmonious and compatible with existing and potential development in the surrounding area.

F. The Planned Development would result in a thoughtful, well-planned development which has been designed to meet current and future needs of residents and workers within the City.

G. The Planned Development will provide one or more Substantial Public Benefits, as defined by Section 17.90.070, in exchange for any modifications from standard zoning requested by the Planned Development.

17.90.130 – Modifications to an Approved Planned Development

A. Clarification. Where necessary, the Development Services Director by administrative action may clarify the provisions or make minor adjustments to conform to current provisions of the Zoning Ordinance, to refer to relevant sections of the Zoning Ordinance (where necessary) and to approve minor modifications to a Planned Development that do not conflict with the development standards, density, or intent of the Planned Development.

B. Minor Amendments. The Planning Commission, by means of a Planned Development minor modification may approve minor amendments to a Planned

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Development with a finding that the amendment substantially complies with and does not materially change the provisions, intent, land use, or development capacity of the applicable Planned Development.

C. Major Amendment. All amendments that change the provisions or intent of the Planned Development, increase the development potential of the site, change the required Substantial Public Benefit, or substantially change the proposed land use map may be requested by submitting an application in the same manner and process as the initial request.

17.90.190 – Further Development Review

Prior to the construction of any structure or the establishment of any use within the Planned Development, all necessary permits as required by the Zoning Ordinance and the Planned Development shall be obtained.

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Exhibit L

Chapter 17.92 - Density Bonus

17.92.010 – 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 17.92.030 (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 Government 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).

17.92.020 – Definitions

The following definitions shall apply to this Chapter:

A. Affordable Ownership Cost. 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. 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. Area median income is 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. An applicant is 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. Base density or base units is the maximum number of dwelling units per gross acre permitted on the property, as established by the

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general plan designation of the parcel. When the calculation of density results in a fractional number of units, the 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. 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 Developments. A community apartment project, a condominium project, a planned development or a stock cooperative.

H. Concessions. 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. 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. The residential dwelling units approved pursuant to this Chapter, which exceed the otherwise allowable maximum allowable residential density for the development site.

K. Development Standard. 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. 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. 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 consi stent of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial

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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. 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. Regulatory incentives as defined in Section 17.30.100, Incentives and Concessions.

P. Lower-Income Households. 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. 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 o f 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 governm ent.

R. Major Transit Stop. A 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. 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 Z oning 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. A development that includes residential as well as commercial, office or industrial uses.

U. Moderate-Income Households. Households whose income does not exceed the moderate income limits applicable to San Benito County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its

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successor provision) by the California Department of Housing and Community Development, adjusted for household size.

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

W. Residential Development. A development project of five or more dwelling units and includes a subdivision or common interest development.

X. Shared Housing Building. 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 housing 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. 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. A residential development, mobile home park, shared housing, or residential care facility for the elderly (Health and Safety Code Section 1569.2) is constructed or substantially renovated for senior citizens aged fifty-five (55) years or older.

AA. Specific Adverse Impact. 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. State of California Government Code Section 65915 as may be amended.

CC. Student Housing Development. 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

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must be calculated at 30 percent of 65 percent of the area medium income f or single-room occupancy unit type in accordance with Government Code Section 65915(b)(1)(F)(i).

DD. Target Unit. A dwelling unit within a housing development that is reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to: very-low, lower, or moderate-income households, or is a dwelling unit in a senior housing development, and which qualifies the residential development for a Density Bonus and other incentives or concessions pursuant to Section

17.92.030(A) of this Article.

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

17.92.030 – 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 17.92.060 (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 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, 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

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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 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 Hea lth 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 17.92.040 (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), (7), or (8) of this section. An application submitted pursuant to Section 17.92.100, shall include the number of bonus units requested pursuant to this section.

C. Bonus Units not Included in Calculation. Except as provided in subsection (A)(7), a Density Bonus granted in compliance with Section 17.92.040 (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.

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17.92.040 – 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 17.92.030(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

17.92.030(A)(1) (ten percent (10%) of units for lower-income households) shall be entitled to a Density Bonus calculated as follows:

Table 17.92-1: 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
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 17.92.030(A)(2) (five percent (5%) of units for very low-income households) shall be entitled to a Density Bonus calculated as follows:

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Table 17.92-2: 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 17.92.030(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 17.92.030(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 17.92-3: 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

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Percentage of
Moderate-
Income Units
Percentage Density
Bonus
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
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 17.92.030(A)(5) (transitional foster youth, disabled veterans, or homeless persons) shall be entitled t o 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 17.92.030(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 17.92.030(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

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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 17.92.060(C)(5)(a).

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 appl icant shall be entitled to a Density Bonus for the entire development, as follows; provided, that nothing in this subsection 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 a s follows:

Table 17.92-4: 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

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Percentage of
Very Low -
Income Units
Proposed
Percentage Density
Bonus
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.

c. Eligibility for Increased Bonus. An applicant shall be eligible fo r 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

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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 17.92.130 and 17.92.140
(Continued Affordability and Availability), wh ich shall be recorded on the property at the time of dedication.

(6) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing
developer.

(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 com ply 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 rounded 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.

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17.92.050 – 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:

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 17.92.040 (Allowed Density Bonuses). If the developer of the affordable un its 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.

17.92.060 – 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 propose d project or concurrently with a final application for project approval. A preliminary application submitted pursuant to Section 17.92.100, or a final application if a preliminary application is not submitted, shall include any incentives,

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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 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 17.92.030(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

17.92.030(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, o r 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:

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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 pers ons 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) 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 modera te-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.

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Table 17.92-5 Incentives or Concessions Summary

Target Group Target Units
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
(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 17.92.070, 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 reductions 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.

17.92.070 – Parking Requirements in Density Bonus Projects.

A. Applicability. This section applies to a development that meets the requirements of Section 17.92.030 (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

17.92.060 (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

17.92.030 (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 17.92–6: 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 developm ent, 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.

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.

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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 and this Chapter shall apply to the proposed housing development project.

17.92.080 – 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 17.92.030(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 17.92.120 (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 tha t is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income in compliance with Section 17.92.030(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

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Hollister City CouncilMay 4, 2026

Hollister City Council
May 4, 2026