The purpose of this section is to establish regulations governing the location, maximum height, size, and design requirements for certain land uses that are allowed within the zoning districts in this chapter.

(Ord. 1038, § 2, 2008)

A.

Facilities that process agricultural products from the same site or produced within a contiguous agricultural area shall be located so as to provide convenient trucking access with a minimum of interference to normal traffic and minimal dirt on the road. No structure shall be erected or permanently maintained primarily for the sale of agricultural products, except that a temporary shelter may be erected with administrative permit review approval in compliance with subsection B of this section.

B.

Roadside Stands for Agricultural Products. Where allowed in this chapter, roadside stands are subject to the following standards:

1.

Limitation on Products. All sales from a roadside stand shall be of agricultural products grown on the same site;

2.

Maximum Size of Stand. A roadside stand shall not exceed 400 square feet in floor area, or dimensions of 20 feet on each side, with a maximum height of 15 feet; and

3.

Signs. On-site signs shall comply with Chapter 17.20 (Signs).

(Ord. 1038, § 2, 2008)

Retail sales and services, including but not limited to restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary commercial, office, or industrial/manufacturing use where authorized by this chapter as follows:

A.

General Standard. Accessory retail uses are allowed, provided there will be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, or windows with merchandise visible from adjoining public rights-of-way), nor access to any space used for the accessory retail use other than from within the structure;

B.

Commercial and Industrial/Manufacturing Zoning Districts. Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities; pharmacies are allowed accessory to hospitals and other medical facilities. Accessory restaurants, retail sales, and other services are allowed in the industrial/manufacturing zoning districts to serve the needs of the employees subject to the requirements in Chapter 17.10 (Industrial and Manufacturing Zoning Districts);

C.

Residential and Special Purpose Zoning Districts. Membership organizations, social or recreational establishments may engage in retail sales for guests only.

(Ord. 1038, § 2, 2008)

Editor's note— Ord. 1229, § 1, adopted March 6, 2023, repealed § 17.22.040, which pertained to accessory dwelling units and derived from Ord. 1038, § 2, adopted 2008; Ord. 1083, § 6, adopted 2012; Ord. 1138 § 2, adopted 2017; Ord. 1177, §§ 3, 4, adopted 2019. Similar subject matter has been relocated to Chapter 17.32 Accessory Dwelling Units.

A.

Purpose. The purpose of this section is to establish regulations governing adult entertainment facilities. The City Council recognizes that certain types of adult entertainment facilities possess certain objectionable operational characteristics, which if such uses are allowed to or concentrate, will have adverse effects upon the character of the affected area and adjacent neighborhoods. The City Council further recognizes that locating adult entertainment facilities in close proximity to facilities frequented by minors, public parks, elementary and secondary schools and churches will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity. Additionally, the City Council recognizes that while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, numbers of the citizens of the city are offended by the public display of sexually oriented material. Special and limited regulation of adult entertainment uses, consistent with the First Amendment rights of such uses, is therefore necessary to ensure that the adverse effects of adult entertainment uses will not: (1) contribute to the blighting or downgrading of zones in which they are permitted or the downgrading of surrounding neighborhoods; (2) adversely affect minors; and (3) offend those citizens of the city who do not wish to be exposed to sexually oriented material.

B.

Definitions. For the purpose of this chapter, the following definitions shall apply. (Additional definitions are outlined in Section 17.02.020)

Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult book/video store means an establishment which has as a substantial portion (25 percent or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult cabaret means a nightclub, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motel means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (25 percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Establishment of an adult entertainment business includes any of the following:

1.

The opening or commencement of any adult entertainment business as a new business;

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;

3.

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4.

The relocation of any adult entertainment business.

Removal of clothing means striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where "specified anatomical areas" are exposed.

Sexual encounter establishment means establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, anal region, buttock, female breasts below a point immediately above the top of the areole; or human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities includes any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2.

All sex acts, actual or simulated (i.e., intercourse, oral copulation or sodomy);

3.

Masturbation, actual or simulated; or

4.

Excretory functions (i.e., human excretion, urination, menstruation, vaginal or anal irrigation, etc.) alone or as part of or in connection with any of the activities described in subdivisions one through four of this definition.

C.

Applicability. Where allowed by this Zoning Ordinance, adult business establishments allowed in the industrial zoning districts provided that are located no less than 750 feet from the property line of a residential zone, a public park or elementary or secondary school. and comply with the following standards:

1.

Employee(s) Required. It shall be the duty of the owner(s) to ensure that at least one employee is on duty at all times that any patron is present inside the premises.

2.

Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.

3.

Landscaping. Landscaping shall be in compliance with Section 17.16.080 (Landscaping Design and Standards) and Section 17.10.040(I). (Industrial Performance Standards), except that if the adult business is the only use on a parcel, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

4.

Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjoining properties and public rights-of-way;

5.

Live Entertainment. The following standards shall pertain to adult business establishments that provide live entertainment depicting "specified anatomical areas" or involving "specified sexual activities":

a.

No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least18 inches above the level of the floor which is separated by a distance of at lease six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer;

b.

The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and

c.

The adult business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.

6.

Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business.

7.

Security Guard(s). At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, a second security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the Police Department and Code Enforcement person of any violations of law observed. Any security guard required by this chapter shall be uniformed so as to be readily identifiable, as a security guard by the public and shall be duly licensed as a security guard in compliance with local or state law. No security guard required by this chapter shall act as a doorperson, ticket seller, ticker taker, or admittance person while acting as a security guard in compliance with this chapter.

8.

Signs. All on-site signs shall be in compliance with Chapter 17.20 (Signs).

9.

Viewing Area.

a.

It is unlawful to maintain, operate or manage or permit to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show, or film.

b.

It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

c.

It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

D.

Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.

(Ord. 1038, § 2, 2008)

Agricultural employee dwellings are subject to the requirements of this section. The intent of these provisions is to ensure that compatibility between agricultural employee dwellings and any adjoining residential or commercial uses is maintained.

A.

Uses Allowed without a Conditional Use Permit. Additional dwellings housing up to, but not exceeding, four employees of the owner or lessee of the land engaged full-time in agriculture on the farm or ranch upon which the dwelling is located, are allowed, provided:

1.

The applicant can document the existing and proposed agricultural use of the land and demonstrate a need for additional dwellings to support the use; and

2.

The applicant provides proof of the full-time employment of the employees.

B.

Uses Allowed with a Conditional Use Permit. Additional dwellings housing five or more employees engaged full time in agriculture working on or off the farm or ranch upon which dwellings are located.

(Ord. 1038, § 2, 2008)

The off-site and on-site sale of alcohol is a conditional use permitted subject to the issuance of a conditional use permit.

Exception: This requirement does not apply to the on-site alcohol sales at a restaurant with on-site dining that has a bar area that does not exceed 30 percent of the gross floor area of the premises. For purposes of this exception, the restaurant must have kitchen facilities that are approved for the preparation, cooking and serving food to customers for compensation.

(Ord. 1038, § 2, 2008)

Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure that compatibility between the B&B and any adjoining residential zoning districts/uses is maintained/enhanced.

A.

Permit Requirement. Bed and breakfast inns (B&Bs) are allowable in the Home Office (HO), Old Town (OT), Residential Performance Overlay Zones and commercial zoning districts with a Conditional Use Permit approval.

B.

Site Requirements. The proposed site shall generally conform to all standards of the applicable commercial zoning district.

C.

Appearance. The exterior appearance of the structure housing the B&B should not be altered from its original single-family character.

D.

Limitation on Services Provided. Service shall be limited to the rental of bedrooms. Meal service shall be limited to the provision of breakfast and appetizers for registered guests. There shall be no separate/additional kitchens for guests. No receptions, private parties or similar activities, for which a fee is paid or which is allowable as a condition of room rental, shall be permitted.

E.

Business License Required. A current business license shall be obtained/posted in compliance with the Municipal Code.

F.

Transient Occupancy Tax. All B&Bs shall be subject to the Transient Occupancy Tax in compliance with this Municipal Code.

G.

Signs. Signs shall be limited to one on-site sign not to exceed four square feet in area and shall be installed/maintained in compliance with Chapter 17.20 (Signs).

H.

Fire Safety. The B&B shall meet all of the requirements of the City Fire Department.

I.

Parking. B&Bs shall comply with the parking and loading standards per Chapter 17.18 of this title.

(Ord. 1038, § 2, 2008)

Any retail trade or service use providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness in the following manner:

A.

Permit Requirement. Drive-in and drive-through facilities shall be allowed only in Commercial, Mixed Use, Industrial, Airport and Airport Support Zoned Districts, subject to the provisions of this chapter with an Administrative Permit Review. An administrative permit review shall be required to ensure that the drive-in and drive-through facility is in compliance with the following standards:

1.

Pedestrian walkways shall be directed away from the drive-through drive aisles.

2.

Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum 12-foot width. Each drive-through entrance/exit shall be at least 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the curb cut on the adjoining property. Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs/pavement marking(s) or raised curbs.

3.

Each drive-through aisle shall provide sufficient stacking area (in advance of the service window, ATM, etc.) to accommodate a minimum of six vehicles which shall not interfere with other on-site circulation and parking facilities.

4.

The provision of drive-through service facilities may not justify a reduction in the number of required off-street parking spaces.

5.

All service areas, trash storage areas and ground mounted and roof mounted mechanical equipment shall be screened from ground level view from adjoining properties or public rights-of-way.

6.

Menu boards shall not exceed 24 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be directed away from and located at least 50 feet from any residentially zoned/occupied parcel and shall not be audible above the ambient noise levels of residentially zoned properties.

7.

Drive-through restaurants and coffee kiosks within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant shall provide compatibility with surrounding uses in terms of form, materials, color, scale, etc.

8.

An eight foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned/occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director.

9.

Retail or trade uses providing drive-in/drive-through facilities shall comply with the pedestrian, bicycle and parking standards set forth in Chapter 17.18.

(Ord. 1038, § 2, 2008)

A.

Purpose. The purpose of this section is to establish uniform standards in order to regulate the location, design, operation and maintenance of hazardous waste facilities and to protect the health, quality of life and the environment of the city, based upon the following policies:

1.

Prioritize hazardous waste management strategies as follows:

a.

Source reduction (first);

b.

On-site recycling (second);

c.

Off-site recycling (third);

d.

On-site treatment (fourth);

e.

Off-site treatment (fifth); and

f.

Disposal (sixth).

2.

Public participation shall be the highest priority during the process of siting hazardous waste facility projects.

3.

The city shall cooperate with other local, State and Federal agencies to efficiently regulate the management of hazardous materials and waste;

4.

Transportation of hazardous waste shall be minimized, and regulated to the maximum extent feasible, in order to avoid environmentally sensitive areas and populated, congested and dangerous routes, especially within the city limits; and

5.

Strict enforcement of regulations governing the discharge of hazardous wastes into the city sewer system.

B.

Definitions. As applied to this section, the terms: "hazardous waste," "hazardous waste facility" or "facility," "hazardous waste facility project" and ""specified hazardous waste facility project," are defined by state law (Health and Safety Code Sections 25117, 25117.1, 25199.1 [b], 25199.1[n], respectively).

C.

Applicability. All hazardous waste facilities are limited to the M1 Light Industrial zoning district, and shall require the approval of a Conditional Use Permit, in compliance with Section 17.24.210, in addition to complying with state law (Health and Safety Code Section 25199 et seq.)

D.

Development and Location Standards. In addition to standards outlined in this section, this Municipal Code and state law, the following shall apply:

1.

Proximity to Populations. For a residual repository, as defined by state law (Health and Safety Code), the distance from the active portion of the facility to one or more residences or group housing shall be a minimum of 2,000 feet, unless a greater distance is justified, based upon the findings of a risk assessment. Treatment and storage facilities, as defined by state law (Heath and Safety Code), shall comply with all development standards (i.e., setbacks, height, etc.) for the IG Zoning District.

2.

Proximity to Immobile Populations. A minimum distance of 5,000 feet between the facility and an immobile population, unless the developer/operator can demonstrate, by a risk assessment, that a lesser distance would be adequate.

The risk assessment shall be prepared by the developer/operator, and analyzed by the Department as part of the permit review process, which details the maximum credible accident resulting from the facility operations and its impact on all immobile populations within the city. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. Additionally, the study shall provide an estimate of the distance over which the affects of a spill or emergency situation would carry and a variety of options and related procedures for significantly reducing identified risks.

3.

Capability of Emergency Services. All facilities shall be located in areas where city fire units are able to immediately respond to hazardous materials accidents and where emergency response times have been demonstrated to equal or exceed those established by the City Fire Department. In addition, hazardous materials accident response services at the facility may be required, based upon the type of wastes handled or location of the facility.

4.

Subsidence/Liquefaction. Residual repositories are prohibited in areas of potential rapid geological change (e.g., subsidence/liquefaction). All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed and permanently maintained to preclude failure.

5.

Proximity to Airports. No hazardous waste facility shall be located within an FAA approach zone, air installation compatibility use zone or safety zone, generally defined as the area immediately surrounding a public or military airport, including the immediate approach and take-off paths.

6.

Discharge of Treated Effluent. Facilities generating treated wastewater shall have access to adequate sewer capacity in order to accommodate projected waste water discharge.

7.

Depth of Groundwater. Residual repositories and facilities with subsurface storage or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet, or less from the lowest surface point of the facility. An engineered alternative may be allowed subject to the approval of the Department of Public Works. At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure as a result of settlement, compression or uplift, as certified by a California-Registered Civil Engineering Geologist.

8.

Groundwater Monitoring. Operators of proposed/existing residual repositories and facilities with subsurface storage or treatment shall develop a program that successfully complies with the California Regional Water Quality Control Board permit requirements for groundwater monitoring.

9.

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to the current Federal, State or Water Resources Control Board standards. All other surface facilities shall contain engineered structural design features consistent with other similar types of industrial facilities, including spill containment and monitoring systems.

10.

Air Quality. All facilities emitting air contaminants shall be subject to pre-construction review under new source review requirements, and shall obtain permits to construct and operate from the Monterey Bay Unified Pollution Control District.

11.

Proximity to Habitats of Threatened and Endangered Species. All facilities are prohibited in, or adjacent to, habitats of threatened or endangered species, unless the applicant can demonstrate, to the satisfaction of the Planning Commission, that the subject habitat will not be disturbed and the survival of the species will not be threatened.

12.

Proximity to Areas of Waste Generation. Subject to other requirements contained in this section, all facilities shall be located in areas best suited for providing services to the hazardous waste generators within the city. Facilities which intend to primarily serve generators outside the city shall demonstrate, to the satisfaction of the Planning Commission, why the facility cannot be located closer to the sources of hazardous waste to be serviced.

13.

Proximity to Natural Gas/Petroleum Pipeline. All facilities shall maintain a minimum setback of 100 feet from a natural gas/petroleum pipeline.

14.

Structures Fronting on Minor Routes. All facilities shall be located to minimize the use of minor streets. The permit review process shall include an evaluation of the "population at risk" based upon Federal Highway Administration guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor shall not exceed that for existing facilities.

15.

Capacity vs. Average Daily Traffic of Access Roads. The changes projected by a proposed facility in the ratio of route capacity to annual daily traffic shall be negligible.

16.

Changes in Employment/Real Property Values. The project applicant shall fund an independent study of anticipated changes and facility impact on employment/real property values if the proposed facility is located within the city. The project applicant and the Director shall agree beforehand upon the scope of the study (e.g., an economic impact analysis), and how it will be conducted.

17.

Direct Revenue to the City. The city shall investigate and impose appropriate taxes, fees and other compensation options directly related to a proposed facility.

E.

Safety and Security. The owner/operator shall take all necessary steps to provide for the following on-going safety/security measures:

1.

The owner/operator shall prevent the unauthorized entry of persons or animals by providing continual 24-hour surveillance to control entry onto the facility.

2.

Perimeter fencing shall be constructed of a material and at a height specified by the Planning Commission.

3.

Consistent with Chapter 17.20, signs with the legend "DANGER HAZARDOUS WASTE AREA-UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other locations, as specified by the Director. The legend shall be legible from a distance of at least 25 feet.

F.

Monitoring. The owner/operator shall cooperate with the city in complying with all of the following ongoing monitoring measures:

1.

In compliance with Chapter 17.24, Article III, Enforcement, the city shall be authorized to enforce all codes and conditions related to the facility, including entry onto the subject property to ensure compliance.

2.

The owner/operator shall report quarterly to the Director, the amount, type and disposition of all wastes processed by the facility. The report shall include clear copies of all manifests showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed on-site.

3.

The owner/operator shall immediately distribute copies of all compliance reports as to facility operations, and copies of all inspection reports made by other local, State or Federal agencies to the Director.

4.

The Emergency Response Plan, as required by this section shall be updated annually, signed by all facility management personnel and distributed to all local emergency response agencies, as defined by the Director.

G.

General Conditions. In addition to the standards and location criteria contained in this section, the following conditions and standards shall be applied by the Planning Commission:

1.

No hazardous waste facility shall be approved if, by itself or in combination with other similar facilities, it may manage a volume or type of hazardous waste in excess of that generated within the city, unless satisfactory compensation is provided to the city, or as provided by a joint powers agreement.

2.

Any proposed modifications to the types or quantities of hazardous wastes managed by an approved facility, shall require the filing/approval of an application to amend the original permit, in compliance with Section 17.24.210 (Conditional Use Permits).

3.

A proposed hazardous waste facility shall have a contingency plan approved by the State Department of Health Services, prior to approval by the City's Planning Commission. The contingency plan shall be maintained at the facility, with clear copies provided to all appropriate city, county and state agencies, including hospitals, etc., as determined by the Director.

4.

The owner/operator of a proposed hazardous waste facility shall, prior to approval by the City's Planning Commission, submit a written closure plan approved by the State Department of Health Services. All subsequent revisions to an approved closure plan shall be submitted to the Director for review and approval.

5.

Prior to issuance of a Certificate of Occupancy, the owner/operator shall document that all financial responsibility requirements imposed by the State Department of Health Services and any other State or Federal agency have been met.

6.

The owner/operator shall agree to indemnify, defend and render the city harmless against all claims, actions or liabilities relating to permit approval, and the subsequent development/operation of the facility.

7.

No hazardous waste facility permit shall be approved if it significantly reduces incentives for waste minimization by hazardous waste generators.

8.

The owner/operator shall prepare and submit an Emergency Response Plan and annual preparedness report to the Director. The Plan/report shall be initialed by each person at the facility who has emergency response assignments.

9.

The owner/operator shall submit an annual air, soil and groundwater monitoring report to the Director.

10.

The owner/operator shall be responsible for all costs of responding to a release of hazardous wastes and for compliance with the provisions of this chapter.

11.

Any storage, treatment, disposal or transportation of "extremely hazardous waste" by or on behalf of, the owner/operator, as defined by state law (Health and Safety Code Section 25115), shall be reported to the Director.

12.

The city may employ any and all methods permitted by law to enforce the provisions of this section, and related requirements of the Municipal Code.

H.

Duration of Permit Approval. In addition to the provisions of Section 17.24.210 (Conditional Use Permits), an approved permit for a hazardous waste facility shall not exceed a maximum operating time limit of established by the city with the provision for renewal, and upon initiation of construction, completion of the facility shall be diligently pursued.

(Ord. 1038, § 2, 2008)

Heliports may be located where allowed by this chapter, for business, private farm/estate activities or emergency purposes, subject to the following standards:

A.

State Permit Required. A Land Use Permit or exemption shall be obtained from the California Department of Transportation, Article of Aeronautics, and evidence of the permit or exemption shall be presented to the Department, before establishing any heliport.

B.

Location Criteria. A proposed heliport may be located on the site of an emergency medical facility, or an office, industrial, or other business development, or a private farm/estate, subject to the following standards:

1.

Minimum site area: five acres.

2.

Proximity to Residential Uses. The heliport shall be located so that aircraft taking off and landing do not pass directly over dwellings at an altitude of less than 500 feet.

C.

Nuisance Mitigation. A proposed heliport shall be located so that neither air or related surface traffic constitute a nuisance to neighboring uses. The applicant shall demonstrate that adequate controls or measures will be taken to mitigate offensive bright lights, dust, noise, or vibration.

D.

Parking and Loading. Heliports shall comply with the parking and loading standards set forth in Chapter 17.18 of this Zoning Ordinance.

(Ord. 1038, § 2, 2008)

A.

Small Temporary Residential Shelters (STRS) or Large Temporary Residential Shelter (LTRS). These uses are permitted by right in the North Gateway (NG) Zoning District provided that each establishment is located at least 1,000 feet from another STRS or LTRS, 500 feet from a public park, a public or private K-12 school or an R1, R2 or OT Zoning District and within 1,000 feet of a bus route and meets the following standards:

1.

The shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services.

2.

The shelter shall provide at least one qualified on-site supervisor at all times, plus one additional supervisor for each ten occupants beyond 20.

3.

An exception to the 1,000-foot separation from an R1, R2 or OT District may be made if the shelter is located on the opposite side of Highway 25 or San Felipe Road.

B.

Conditional Use Permit. A conditional use permit shall be required for a homeless shelter or transitional housing in the residential, public facilities, industrial, mixed use or commercial zoning districts and shall not be approved when another facility exists within one-half mile of the proposed site.

(Ord. 1038, § 2, 2008; Ord. 1056, § 26, 2009; Ord. 1100, § 5, 2014)

A.

Purpose. The following provisions allow for home occupations that are secondary to, and compatible with surrounding residential uses. A "home occupation" is any use customarily conducted entirely within an enclosed dwelling and carried on only by up to two of its residents. A home occupation may also be used as the base for the occupant of the residence to stage a small business such as a cleaning services, handyman. Allowable home occupations shall be limited to activities which comply with the standards listed in this section.

And any other use which may, as determined by the Director, be of the same general character as those listed above, and not objectionable or detrimental to the applicable zoning district.

B.

Permit Requirement. A business license shall be obtained/posted in compliance with the Hollister Municipal Code for home occupations, which are allowed as accessory uses in all residential zoning districts. A statement of compliance with the following operating standards shall be signed prior to issuance of an Administrative Permit.

C.

Operating Standards. Home occupations shall comply with all of the following operating standards:

1.

The home occupation is clearly secondary to the full-time use of the structure as a residence.

2.

The use does not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public rights-of-way or from neighboring properties.

3.

There is no window display, advertising signs, and further, there shall be no display of merchandise or stock in trade or other identification of the home occupation activity on the premises.

4.

A home occupation shall be limited to only one client, patient or pupil present on the premises at any time; except small residential care homes, small family home care centers, etc. licensed by the state for care of eight or fewer persons.

5.

The home occupation shall be confined completely to one room within the main dwelling, and not within an accessory structure or garage. No materials or supplies shall be stored out-of-doors or within a required garage or accessory structure;

6.

Only one vehicle/trailer with a capacity no greater than three-quarter ton may be used directly or indirectly in connection with a home occupation. Only one vehicle may display advertising for the business.

7.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or flammable, explosive, or hazardous materials.

8.

No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances.

9.

The home occupation activity shall not generate additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located.

10.

A home occupation shall be limited to only one client between the hours of 8:00 a.m. and 8:00 p.m. by appointment only except that more than one person is allowed at small residential care homes, small family home care centers, etc. licensed by the state for care of eight or fewer persons.

D.

Prohibited Home Occupation Uses. The following are examples of uses that are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations:

Adult businesses;

Animal hospitals or the harboring, raising, training, or treatment of animals or birds for commercial purposes;

Gun or ammunition sales, including off-site and by mail order;

Medical and dental offices, clinics, and laboratories (not including chiropractors and counselors/psychotherapists);

Massage;

Mini storage;

Print shop, photo shop;

Sale of products, except for artist's originals or products individually made-to-order on the premises (internet and phone sales okay);

Storage and delivery of, materials, and other accessories for the construction and service trades;

Vehicle repair (body or mechanical, including boats and recreational vehicles), upholstery, automobile detailing and painting and the display and sale of any vehicle;

Welding;

And any other use, as determined by the Director not to be incidental to or compatible with residential activities.

E.

Home Occupations Requiring a Conditional Use Permit. The following list presents land use activities that may not be in compliance with the operating standards outlined in subsections C and D of this section but may be allowable subject to the approval of a Conditional Use Permit by the Planning Commission:

1.

Use of an accessory structure;

2.

Use exceeding 200 square feet;

3.

Use employing more than two persons on-site that reside off-site;

4.

Hand woodworking or machine work;

5.

One-chair barber shop or beauty salon, home visits for two or more clients, patients at a time, direct product distribution, pet grooming or any other use or occupation which the Director determines is similar in nature to the previously listed uses;

6.

Food handling, processing, food packaging, catering or any other use or occupation where the operation is located in a detached accessory structure with a commercial kitchen that meets Health Code standards which the Director determines is similar in nature to the previously listed uses;

7.

Having more than three home occupations in a dwelling unit; and

8.

Any use or occupation that does not meet the criteria set forth in subsections C and D of this section.

(Ord. 1038, § 2, 2008)

No permit under this chapter shall be required to operate a large family child care home unless it is located within a R1 Zoning District (single family home).

A.

Permit Required. A permit issued by the Development Services Department Director or the Director's designee shall be required to operate any large family child care home within a R1 Zoning District (single family homes).

B.

Permit Process. The Director or designee shall issue the permit if the application meets the permit standards contained in this section except that the permit shall not become effective for an appeals period of 15 days. The Director shall send written notice of the issuance of the permit to all property owners within 100 feet of the large family child care home. If any property owner files a written objection to the issuance of the permit within the appeals period, the appeal shall be scheduled before the Planning Commission in accordance with the provisions of Section 17.24.140.

C.

Permit Standards. The large family child care home provider shall meet and comply with all applicable regulations of the Hollister Fire Department, Hollister Building Division, and Hollister Police Department relating to health and safety requirements.

1.

The provider shall meet and comply with all applicable codes regarding health and safety, including but not limited to, Building Code, Fire Code, and Housing Code.

2.

The provider shall complete and submit a project application, in sufficient quantity for city department review, to include: site plan; proof of ownership of real property where location of large family child care home is proposed.

3.

Copy of the Family Child Care License issued by the California Department of Social Services that illustrates the copy of the Family Child Care License issued by the California Department of Social Services that illustrates the provider's name, address, and maximum capacity of children.

4.

Proof of current, valid city business license.

5.

The provider shall comply with the sign standards contained in this Zoning Ordinance in effect when the application is submitted.

6.

The large family child care home shall be operated in a manner that will not adversely affect adjoining residences or be detrimental to the character of the residential neighborhood.

7.

The provider shall pay all applicable permit fees established by the Planning Commission.

D.

Permit Revocation. The Director shall reserve the right to revoke any permit authorized by this section if the director determines that the large family child care home is in violation of any of the provisions of this section. The provider shall have the right to appeal the Director's decision in accordance with the provisions of Section 17.24.170 (Revocation of Administrative Permits).

(Ord. 1038, § 2, 2008)

A mobile home not installed on and secured to an approved permanent foundation may only be located within a mobile home park. A "mobile home" is:

A.

A structure exceeding 400 square feet of gross floor area, licensed or subject to licensing by the State Department of Motor Vehicles;

B.

Certified under the National Mobile Home Construction and Safety Standards Act of 1974;

C.

Designed and used for human occupancy; and

D.

Installed on and secured to an approved permanent foundation, in compliance with this Zoning Ordinance and the City Building Code.

(Ord. 1038, § 2, 2008)

Permanent outdoor sales and rental establishments including gardening, equipment, and other uses where the business is not conducted entirely within a structure shall comply with the following standards except for automobile dealerships. Temporary outdoor sales are subject to Section 17.24.190 (Temporary Use Permits).

A.

Outdoor Merchandise Display. The outdoor display of merchandise shall comply with the following standards:

1.

Screening Required. All outdoor sales/activity areas shall be screened from adjacent street public rights-of-way by decorative solid walls, fences, or landscaped berms, a minimum of 36 inches high, in a ten-foot wide landscaped area adjacent to the street property line.

2.

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscape areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic.

3.

Signs. Generally, there shall be no signs in addition to those allowed by Chapter 17.20 (Signs) that are visible from the street. Pricing signs shall be no larger than necessary to be read by on-site shoppers.

B.

Outdoor Storage Areas. Where permitted by this Zoning Ordinance, all outdoor storage areas shall be entirely enclosed and screened by a solid wall or fence at least six feet in height.

C.

Review and Approval Required. Any use proposing outdoor merchandise display or other outdoor business activities shall be subject to Administrative Permit Review.

(Ord. 1038, § 2, 2008)

A.

Purpose. The following provisions establish standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

B.

Applicability. Any recycling facility intending to operate in the city shall comply with all of the following provisions:

1.

Permit Requirements. Recycling facilities are subject to permit review in all commercial and industrial/manufacturing zoning districts in compliance with the following schedule:

2.

Development and Operating Standards. All recycling facilities shall comply with the following specific standards:

a.

Reverse Vending Machines. Reverse vending machine(s) located within a commercial or industrial/manufacturing location shall not require additional parking spaces for recycling customers, and may be allowed in all commercial and industrial/manufacturing zoning districts, subject to Site and Architectural Review and compliance with the following standards:

i.

Shall be installed as an accessory use in full compliance with all applicable provisions of this section and the Hollister Municipal Code;

ii.

If located outside a structure, shall not occupy parking spaces required by the primary use, shall not obstruct an ADA path of travel and shall be constructed of durable waterproof and rustproof material;

iii.

Shall occupy no more than 50 square feet for each installation, including any protective enclosure, and shall be no more than eight feet in height;

iv.

Shall have a maximum sign area of four square feet per machine, exclusive of operating instructions;

v.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

b.

Small Collection Facilities. Small collection facilities are allowed within industrial zoning districts only, subject to Site and Architectural Review and compliance with the following standards:

i.

May be installed in an industrial/manufacturing zoning district and be in full compliance with all applicable provisions of this Zoning Ordinance and the Hollister Municipal Code;

ii.

Shall be no larger than 350 square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

iii.

Shall be set back at least ten feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;

iv.

Shall accept only glass, metal or plastic containers, paper and reusable items;

v.

Shall use no power-driven processing equipment except for reverse vending machines;

vi.

Shall use containers that are constructed with durable waterproof and rustproof material, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

vii.

Shall not be located within 50 feet of any parcel zoned or planned for residential use;

viii.

Collection containers, site fencing, and signs shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood;

ix.

Signs may be provided as follows:

(A)

Recycling facilities may have identification signs with a maximum area of 15 percent per side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container,

(B)

Signs shall be consistent with the character of their location, and

(C)

Directional signs, consistent with Chapter 17.20 (Signs), bearing no advertising message may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

x.

The facility shall not impair the landscaping required by Section 17.16.080 (Landscaping) for any concurrent use allowed by this Zoning Ordinance;

xi.

No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant, if needed;

xii.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

xiii.

Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and

xiv.

Shall be subject to landscaping or screening as determined through Site and Architectural Review.

c.

Large Collection Facilities. A large collection facility which is larger than 350 square feet, or on a separate parcel not accessory to a "primary" use, which has a permanent structure is allowed in the M1 Light Industrial Zoning District, subject to a Conditional Use Permit, and the following standards:

i.

The facility does not abut a parcel zoned or planned for residential use;

ii.

The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls, or screen planting;

iii.

Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

iv.

All exterior storage of material shall be in sturdy covered containers which are secured, and maintained in good condition at all times. No storage, excluding truck trailers shall be visible above the height of the wall;

v.

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, standing water and will be cleaned of loose debris on a daily basis;

vi

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and

vii.

No dust, fumes, odor, smoke or vibration above ambient levels shall be detectable from adjoining parcels.

d.

Processing Facilities. Light and heavy processing facilities are allowed in the industrial/manufacturing zoning districts subject to a Conditional Use Permit, and compliance with the following standards:

i.

The facility shall not abut a parcel zoned or planned for residential use;

ii.

Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

iii.

A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material each day and shall not bale, compact or shred ferrous metals other than beverage and food containers. A heavy processor may exceed 45,000 square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;

iv.

All exterior storage of material shall be in sturdy covered containers or enclosures which are maintained and secured in good condition at all times. Storage containers for flammable materials shall be constructed of nonflammable material. Outdoor storage shall be screened by a six-foot high opaque fence or solid masonry wall. No storage, excluding truck trailers shall be visible above the height of the required fence or wall;

v.

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and

vi.

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, standing water and will be cleaned of loose debris on a daily basis;

vii.

No dust, fumes, odor, smoke or vibration above ambient levels shall be detectable from adjoining parcels.

e.

Time Limits. Any permit issued in compliance with this section shall have a maximum term established by the approved Conditional Use Permit. Prior to permit renewal, the Director shall consider the permittee's history of compliance with the established conditions of approval, as well as the provisions of this section and the Hollister Municipal Code.

3.

General Standards. All recycling facilities shall comply with the following standards:

a.

Signs. Facilities shall be provided with identification and informational signs, as follows, provided that all signs shall meet the standards of the applicable zoning district:

i.

All collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that no material shall be left outside the recycling enclosure or machine; and

ii.

The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.

Identification and informational signs and directional signs bearing no advertising message may be installed with the approval of the Director, if necessary to facilitate traffic circulation.

b.

Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable, non-hazardous waste materials.

(Ord. 1038, § 2, 2008)

The establishment of a place of religious assembly in the residential, commercial office zoning districts shall be permitted as specified by the regulation set forth in this section.

General Requirements.

A.

Minimum lot size: 2.5 acres.

B.

Yards, front and rear: 20 feet; side: 25 feet.

C.

Off-street parking as required by Chapter 17.18 of this title.

D.

Front yard and side yards areas shall be improved and landscaping in a manner compatible to the balance of the residential property in the neighborhood.

(Ord. 1038, § 2, 2008)

A.

Purpose. This section provides location, development, and operational standards for Senior Citizen Congregate Care Housing Facilities.

B.

Standards. Senior Citizen Congregate Care Housing Developments, which are allowable in all residential zoning districts and the DMU and the WG Zoning Districts, are subject to the approval of a Conditional Use Permit and shall be located, developed, and operated as follows:

1.

The parcel upon which the congregate care housing facility is to be established shall conform to all standards of the applicable zoning district.

2.

The congregate care housing facility shall conform with all local, Regional, State, and Federal requirements.

3.

The number of allowable residential dwelling units shall not exceed the maximum density allowed by the applicable zoning district, and together with approved bonus units allowed in compliance with Chapter 17.04, Article II (Residential Density Bonuses).

4.

The minimum floor area for each residential unit shall be as follows:

a.

Studio: 410 square feet.

b.

One-bedroom: 510 square feet (if kitchen-dining living areas are combined); 570 square feet (if kitchen-dining living areas are separate).

c.

Two-bedroom: 610 square feet (if kitchen-dining living areas are combined); 670 square feet (if kitchen-dining living areas are separate).

5.

The main entrance to the facility, common areas and all living units shall provide disabled access in compliance with applicable State and Federal law.

6.

Indoor common areas and living units shall be provided with all necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems, subject to the approval of the Director.

7.

Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood.

8.

Common entertainment, recreational and social activity area(s) of a number, size and scale consistent with the number of living units shall be provided.

9.

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided.

10.

The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

a.

Beauty and barber shop;

b.

Central cooking and dining room(s);

c.

Exercise room(s); and

d.

Small scale drug store or medical facility (not exceeding 850 sq. ft.).

11.

Off-street parking shall be provided in the following manner:

a.

The design of off-street parking, number of spaces required, disabled parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc., shall comply with the standards outlined in Chapter 17.18 (Pedestrian, Bicycle, Parking and Loading Standards); and

b.

Adequate and suitably striped or marked paved areas for shuttle parking shall be provided. Shaded waiting areas shall be provided adjacent to the shuttle stops.

12.

A bus turnout and shelter along the street frontage shall be provided.

13.

Private dial-a-ride transportation shuttles shall be provided for congregate care housing facilities with a minimum of 50 dwelling units; exact number and schedule to be determined by the Planning Commission.

14.

The entire project shall be designed to provide maximum security for residents, guests, and employees.

(Ord. 1038, § 2, 2008)

Service stations are allowable in the Neighborhood Mixed Use (NMU), North Gateway (NG), General Commercial NMU, and West Gateway Mixed Use (WG) Zoning Districts, with a Site and Architectural Review, and in the Airport, Airport Support and Industrial Zoning Districts with a Conditional Use Permit review, and shall be constructed/operated in the following manner:

A.

New service stations shall be allowed only at the intersections of either two major streets or a major and a minor street. A maximum of two service stations shall be allowed at each intersection.

B.

The minimum site area for new service stations shall be 15,000 square feet.

C.

The minimum frontage shall be 100 feet on each street.

D.

All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

1.

The dispensing of petroleum products, water and air from pump islands;

2.

The provision of emergency service of a minor nature;

3.

The sale of items via vending machines which shall be placed next to the main structure in a designated area not to exceed 32 square feet, and which shall be screened from public view;

4.

Limited to the sale of fuel, lubricants, and accessory items for minor vehicle;

5.

Includes convenience store, car wash, fueling islands, RV dumping station, vacuum island, and propane sales.

E.

Pump islands shall be located a minimum of 20 feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to ten feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

F.

There shall be no more than two vehicular access points to/from the public right-of-way.

G.

There shall be a minimum distance of 30 feet between curb cuts along a street frontage.

H.

No driveway may be located closer than 50 feet to the end of a curb corner nor closer than 25 feet to a common property line.

I.

The width of a driveway may not exceed 25 feet, measured at the sidewalk.

J.

Landscaping shall comprise a minimum of ten percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Section 17.16.080 (Landscaping Standards):

1.

A minimum six-foot wide (inside dimension) and six-inch high curbed landscaped planter area shall be provided along the front property lines, except for openings to facilitate vehicular circulation to adjoining properties, and along side and rear property lines adjoining residentially zoned properties. Where adjoining a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas;

2.

An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 24 inches at this location; and

3.

Additional landscaping may be required by the Director to screen the service station from adjoining properties.

K.

All light sources, including canopy, perimeter, and flood shall be energy efficient, stationary and shielded or recessed. The parking lot roof canopy lighting shall be directed away from adjoining properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard or adversely affect adjoining properties. No luminary shall be placed higher than 15 feet above finished grade. See Section 17.16.090, Outdoor Lighting.

L.

No vehicles may be parked on sidewalks, parkways, driveways or alleys.

M.

No vehicle may be parked on the premises for the purpose of offering same for sale.

N.

All on-site signs shall be in compliance with Chapter 17.20 (Sign Standards).

O.

Openings of service bays shall be designed to minimize the visual intrusion onto adjoining properties.

P.

No used or discarded vehicle parts or equipment, or disabled, junked or wrecked vehicles shall be located in any open area outside of the main structure.

Q.

A new service station which adjoins property in a residential zoning district shall provide an eight-foot high decorative masonry wall along the common property line, compatible with on-site development and adjoining properties, subject to the approval of the Director.

R.

A conditional use permit is required for any auto-washing, drying, or vacuuming done by a mechanical means within 250 feet of a residential district or property line of a building with a mix of commercial and residential uses. Hours of operation of the car wash may be limited in order to reduce noise impacts to residents.

S.

Where an existing service station adjoins property in a residential zoning district, an eight-foot high decorative masonry wall shall be constructed along the common property line at the time the station receives a permit for on-site improvement/modification. Materials, textures, colors and design of the wall shall be compatible with on-site development and adjoining properties and shall be subject to the approval of the Director. When the wall reaches the established front yard setback line of a residentially zoned parcel adjoining or directly across an alley from the service station, the wall shall decrease to a height of three feet.

T.

Restroom entrances otherwise visible from adjoining properties or public rights-of-way shall be concealed from view by planters or decorative screening.

U.

Noise from bells, loudspeakers or tools shall be in compliance with shall not be audible from residentially zoned/occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays.

V.

Service stations may receive used motor oil for subsequent recycling and removal, subject to approval by the City Fire Department.

(Ord. 1038, § 2, 2008)

A.

Shipping containers shall not be allowed as a principal use, as a habitable structure, or for the storage of hazardous materials as defined by federal or state law.

B.

A shipping container may be used for temporary storage of equipment and materials during construction or grading of a development area with approval of an Administrative Permit for a period up to 360 days. An encroachment permit must be obtained from the Engineering Department before placement of a shipping container in a public right-of-way. The owner shall restore the ground to conform to its state prior to the placement of the container unless the area is required to conform to an approved development plan.

C.

The placement and use of a shipping container as an accessory storage building is allowed in the Industrial, Airport and Airport Support Zoning Districts and for land uses such as corporation yards and public utility and safety facilities in the Public Facilities/Institutional Zoning Districts subject to the following:

1.

The container shall be placed on a permanent foundation which has been authorized by a Building Permit;

2.

The container shall receive approval by an Administrative Permit;

3.

The container must comply with the other requirements in this section.

D.

Stacking of shipping containers is prohibited.

E.

Shipping containers shall be screened from a public street or neighboring property with strategies such as landscaping, fences or placement behind other structures.

F.

Shipping containers shall be painted with flat, nonreflective muted paint.

G.

Shipping containers shall be maintained to be clean and graffiti free. All graffiti must be removed or painted over within 48 hours of it appearing. According to the city of Hollister Municipal Code Section 8.32.060, Prohibited Activities and Unlawful Conditions, subsection (A)(15), graffiti is considered a public nuisance and is a violation of the City Codes.

H.

Shipping containers shall be limited to a maximum of 1,000 square feet of storage area on a site.

I.

Shipping containers shall comply with best management practices for stormwater runoff.

(Ord. 1063, § 5, 2010)

A.

Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Sidewalk café shall mean an outdoor seating area for the consumption of food and beverage located on a public right-of-way as an extension of, and appurtenant to, a primary use restaurant.

Sidewalk clear zone shall mean a five-foot minimum clear dimension for pedestrian use between the property line and edge of curb.

B.

Permit Requirement. Sidewalk cafés shall be allowed only in commercial, mixed use, industrial, airport and airport support zoned districts, subject to the provisions of this chapter with an Administrative Permit (AP). An Administrative Permit (AP) shall be required to ensure that the sidewalk café is in compliance with the following standards:

1.

A sidewalk café shall not obstruct public sidewalk pedestrian traffic or create public health or safety hazards.

2.

A sidewalk clear zone for pedestrian use shall be provided, at all times, wherever a sidewalk café is located.

3.

Food and beverages shall not be served and/or consumed on any public sidewalk outside of the authorized sidewalk café.

4.

A sidewalk café shall be used only as a seating area. Storage, kitchen, rest room, or any other use shall not be permitted on a sidewalk café area. Tables and chairs shall be moveable.

5.

Placement of tables and/or chairs shall be limited to the sidewalk area adjacent to a primary use restaurant; e.g., tables and chairs shall not be placed on parking areas, storage areas, landscaped areas, etc., adjacent to the primary use restaurant.

6.

All means of ingress to, and egress from, a primary use restaurant which has been issued an AP for a sidewalk café, and all means of ingress to, and egress from, buildings situated adjacent to a primary use restaurant which has been issued an AP for a sidewalk café, shall be kept clear, accessible and in compliance with all applicable Uniform Fire Code regulations.

7.

A compatible decorative element such as a rope-line, or cord divider, separating a sidewalk café seating area from adjacent pedestrian traffic ("perimeter barrier element") shall be provided. The design and materials of such element shall be compatible with the architectural design of the primary use restaurant building façade.

8.

Documented proof of liability insurance in an amount determined by resolution of the City Council shall be required for every sidewalk café.

9.

A sidewalk café may be uncovered; or partially or fully covered, by means of umbrellas, awnings or canopies meeting the following requirements:

a.

An encroachment permit shall be obtained from the Engineering Department for any awning or canopy material covering a sidewalk café. The material shall be temporary or retractable and may extend into the public right-of-way from the face of the building up to the minimum clear zone dimension of six feet.

b.

Awnings, canopies and umbrellas shall be made of fire treated or non-flammable materials.

c.

Awnings shall be a minimum height as required by the Uniform Building Code.

10.

Decorative lighting may be incorporated into sidewalk café awnings or canopies must comply with standards for outdoor lighting in this section.

11.

A building/electrical permit issued by the Building Department shall be required for all decorative lighting incorporated into sidewalk café awnings or canopies.

C.

Application Submittal. Any application for an AUP for a sidewalk café shall be made on forms provided by the Zoning Administrator and shall include the following information:

1.

The name, address, and telephone number of the applicant and owner of the primary use restaurant for which the proposed sidewalk café is adjacent to, and an extension of;

2.

The location and street address of the proposed sidewalk café;

3.

Two copies of a site plan detailing:

a.

The location and number of tables and chairs inside the primary use restaurant and within the proposed sidewalk café area,

b.

Any accessory service facilities,

c.

A perimeter barrier element,

d.

The sidewalk clear zone,

e.

Off-street parking spaces,

f.

Areas of ingress and egress for buildings situated adjacent to the primary use restaurant and proposed sidewalk café,

g.

Type(s) of coverings, including a description of the material to be used, and

h.

Any existing fixed elements on the sidewalk within a 25-foot radius around the proposed sidewalk café area (which shall include, but are not limited to light-sign poles, trees/landscaped strips, traffic lights, fire hydrants, parking meters, raised planter curbs, tree-wells, pots, waste containers, and newspaper racks);

4.

Two copies of an elevation plan detailing front and side view of outdoor dining facilities including all proposed above-grade features such as planter boxes, awnings, umbrellas, canopies, tables, and chairs, etc.;

5.

A statement as to whether the proposed sidewalk café will incorporate decorative lighting and, if so, a statement that the decorative lighting shall comply with all applicable Hollister Municipal Code requirements and that the decorative lighting will be operated only upon receipt of a building/electrical permit issued by the Building Department;

6.

A statement that no food or beverages will be served, and/or consumed, on any public sidewalk outside the authorized sidewalk café area); and

7.

Any other information the Director may require to show full compliance with this chapter and any other applicable laws of the city. The Director may require photographs of the proposed sidewalk café area.

(Ord. 1038, § 2, 2008)

Single room occupancy facilities (SROs), which are allowable only in the DMU Zoning District, are subject to the approval of a Conditional Use Permit and shall be located/developed/operated in the following manner.

A.

Location Standards. SROs shall be located as follows:

1.

SROs shall not be located within 250 feet of a parcel which has a school for children, bar or liquor store; and

2.

SROs shall be located within one-quarter mile of a bus stop or transit station.

B.

Eligible Parcels. The parcel upon which the single room occupancy facility is to be established shall conform to all standards of the DMU Zoning District, as applicable.

C.

Maximum Number of SRO Units. The maximum number of SRO units to be brought into service within the city after the effective date of this Zoning Ordinance, shall be established by the Commission upon the filing of a Conditional Use Permit application.

D.

Residential Density. The maximum density for a SRO project shall be established by the Commission through the Conditional Use Permit process.

E.

Overall Project Design and Site Planning.

1.

Architecture. The design of a SRO project shall coordinate with and complement the existing architectural style and standards of the surrounding land uses. If a design theme has been established in the proposed downtown area, the theme should be reflected in the design and scale of the SRO project.

2.

Building Code Requirements. All provisions of the Uniform Building Code and Uniform Fire Code relating to hotels shall be followed. However, reasonable equivalent alternatives to Building and Fire Code requirements may be utilized, if approval is first obtained from the City Building Official and City Fire Chief on a case-by-case, item-by-item basis.

3.

Defensible Space Design. Defensible space concepts shall be employed in the location, design, and construction of SROs.

4.

Disabled-Accessible Units. SRO facilities shall provide for a minimum of one disabled-accessible unit for every 25 units or fraction thereof for up to 100 units and one disabled-accessible unit for every 40 units or fraction thereof for the number of units over 100.

5.

Elevators. Elevators shall be required on new SROs which are two stories or more in height.

6.

Fire Protection. SROs of any size shall be required to have fully automatic fire sprinkler systems with a central monitoring system, alarm, and fire annunciator in compliance with City Fire Department standards. A manual fire alarm system shall also be installed.

7.

Ground Floor Use. The first/ground floor shall be used for retail commercial purposes only.

8.

Indoor Common Space. Furnished and secured common indoor space shall be provided at the following minimum ratios:

a.

Six and one-half square feet for each 150 to 159 square feet unit;

b.

Six square feet for each 160 to 169 square feet unit;

c.

Five and one-half square feet for each 170 to 179 square feet unit; and

d.

Five square feet for each 180 and up square feet unit.

Common indoor space means all useable interior common areas not used for circulation or service facilities. Common indoor space includes, but is not limited to, lobby, recreation room(s), or reading room(s).

9.

Hallways. Interior hallways shall be brightly lit with at least one foot-candle of lighting on the floor surface.

10.

Ingress and Egress. Ingress and egress shall be strictly limited and monitored by the use of a front desk area which has a full view of the entry/lobby area, is staffed 24 hours-a-day, seven days a week, and has an operational outdoor entry intercom system with intercoms in each unit and common areas. Entrance into the hallways of common areas where individual units are located shall be regulated by the front desk clerk through the use of "buzz-in" doors. Each tenant and guest shall be cleared by the front desk clerk before entry is permitted. The required secondary egress areas shall also be alarmed and monitored. A notice shall be posted in the indoor lobby area regarding contact procedures to investigate code compliance problems. At least one pay telephone, a drinking fountain, restrooms, and individual mailboxes shall be provided in the lobby/front desk area.

11.

Janitor/Trash Facilities. At least one janitor closet and trash chute shall be provided on each floor.

12.

Kitchens. A full common kitchen facility shall be provided on each floor, if complete kitchens are not provided in each unit. Complete kitchens shall include a range/stove, sink with garbage disposal and refrigerator.

13.

Laundry Facilities. Common laundry facilities shall be provided with a minimum of one washer and one dryer for every 25 units or fraction thereof for up to 100 units and one washer and one dryer for every 50 units or fraction thereof for the number of units over 100. Keyed access for "tenants only" shall be provided. Defensible space concepts shall be employed in the design and location of the laundry facility areas.

14.

Lighting. All lighting fixtures shall be vandal and graffiti resistant. All ground-floor exteriors and common areas, including hallways, elevators, and shower facilities should be made graffiti resistant through the use of special paint, texturing, carpeting, or other means approved by the Police Department.

15.

Outdoor Common Areas. Exterior common areas or open court yards should be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters or small garden spaces to make these areas useful and functional for the tenants. Exterior common areas, including parking areas, shall be illuminated with a minimum of two-foot candles by low pressure sodium lighting from dusk to dawn. The exterior lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

16.

Parking and Loading. Off-street parking shall be provided in compliance with Chapter 17.18. (Pedestrian, Bicycle, Parking and Loading Standards), and as follows:

a.

Bicycle/Motorcycle Spaces. Secured bicycle or motorcycle spaces shall be provided at a minimum ratio of one space for each ten tenants; and

b.

Loading Area. An unrestricted drop-off/pick-up/loading/temporary parking area shall be provided adjacent to the main entrance which contains a front entry/desk area.

17.

Security. Security provisions shall be provided in the following manner:

a.

Video cameras equipped with infrared detectors shall be strategically placed in all public areas including hallways, elevator entrances, lobby areas, garage areas, laundry areas, profit centers, and other common areas and monitored for internal security. The monitoring station shall be at or adjacent to the front desk. In order to provide for adequate monitoring, the location and configuration of monitors is subject to approval by the Police Department.

b.

Individual tenant's entry doors shall be equipped with interior locks and key card entrance systems which shall be reprogrammable.

c.

Common shower area doors accessible through hallways shall be equipped with interior locks with access by a management master key. An emergency call button or pull cord shall be provided.

d.

Front entry areas shall allow for adequate visual access into the front entry/desk/lobby area by police from patrol cars.

e.

Each tenant's room and all common areas shall have operable windows, except for the first floor which may be fixed, if a reasonable equivalent alternative is approved by the City Building Official and City Fire Chief.

f.

Adequate measures shall be taken to provide for vehicle parking security including limited secured access by electronic wrought iron security gates and fencing or alternative materials compatible with the architectural style, night lighting, and video camera monitoring. Override devices for the gates shall be provided for the Police and Fire Departments.

g.

If "failure by management" has occurred as required by this subsection, or violations of conditions of approval are found, then a private security guard may be required to be provided on a 24-hour-a-day basis. The security guard shall be fully uniformed, bonded, P.O.S.T. (Peace Officers Standards and Training) certified, and licensed by the State to bear firearms.

h.

Valid photo identification shall be required as a condition of tenant registration. A valid photo identification is a state issued driver's license, a military identification card, an official state identification card, or a Police Department registration card. Management shall post in the lobby/registration area signs declaring that photo identification is required for every tenant and that the registration information will be presented to the Police Department upon demand.

i.

Management is to keep and maintain complete and accurate tenant registration cards in duplicate, including photocopies of required photo identification. Registration information shall include the name of the tenant, unit number, rental rate, vehicle type, and vehicle license number. The duplicate copies of the registration cards shall be taken to the Police Department weekly. Registration information shall be provided to the Police Department upon demand.

18.

Shared Showers. If complete bathrooms are not provided in each unit, shared showers shall be provided at a minimum ratio of one for each seven tenants or fraction thereof on the same floor with interior lockable doors. These shall be directly accessible from indoor common areas or indoor hallways.

19.

Supply Room. An adequately sized supply room shall be provided with adequate security control.

F.

Design Requirements for Individual Units. SRO housing units shall comply with the following requirements.

1.

Minimum Facilities. Each SRO unit shall be provided with the following minimum amenities:

a.

Adequate heating and air conditioning (window air conditioning units are not permitted). Air conditioning units may be installed for each SRO unit as long as they are flush with the exterior wall surface;

b.

Kitchen sink with garbage disposal;

c.

Counter top measuring a minimum of 12 inches deep and 24 inches wide;

d.

Space and proper wiring for a microwave oven and small refrigerator. (These appliances shall be available for rent.);

e.

Pre-wired for telephone and cable television;

f.

Toilet and sink in a separate room that is a minimum of 20 square feet;

g.

One bed;

h.

One closet;

i.

One storage/desk arrangement;

j.

Intercom system; and

k.

Lockable door, which is a minimum of 36 inches wide, opens inward and has a reprogrammable key card access from a secured enclosed interior hallway or common area.

2.

Occupancy. The maximum occupancy for each unit is one tenant and the minimum unit size (not including the toilet compartment) shall be 150 square feet for one person and 195 square feet for two persons.

G.

Management Plan. A Management Plan shall be submitted for review and approval or approval with modifications as part of the Conditional Use Permit process. This plan shall be comprehensive and shall contain provisions recommended by the Director and adopted by the Planning Commission. Failure of the property owner to comply with the Management Plan shall be grounds for revocation of the Conditional Use Permit in compliance with Section 17.24.350 (Revocations).

H.

Business License. A condition of approval of a SRO facility shall be compliance with Chapter 5.04 of the Hollister Municipal Code (Business License/Regulations).

A SRO facility with excessive drug or prostitution arrests may be brought before the Police Chief for review, with notice of that review meeting being sent to the SRO facility owner/operator. If the Police Chief determines that a "failure by management" has occurred, in that a finding is made that excessive drug or prostitution arrests are occurring at the SRO facility, the Operators Permit issued to the SRO facility may be revoked in compliance with Section 17.24.350 (Permit Revocations). Further operation of the SRO facility shall not occur without first applying and obtaining approval for a new Operators Permit.

I.

Inspections. Condition compliance inspections by the city may be made on an annual basis and the costs of the inspections shall be paid by the SRO facility owner/operator. Any violation(s) of the conditions of approval, the Hollister Municipal Code, or State or Federal laws or regulations pertaining to SRO facilities, as they exist at the time of the inspection, shall be corrected within the time period(s) specified in the notice of violation. If the Director makes a finding that the corrections have not been made within the specified time period(s), the Conditional Use Permit and Operators Permit for the SRO facility may be revoked in compliance with Chapter 17.24.350 (Permit Revocations) of this Zoning Ordinance.

(Ord. 1038, § 2, 2008)

A.

Location Requirements.

1.

A swimming pool shall not be located in a required front yard.

2.

A swimming pool shall not be located within five feet of a property line.

3.

Pool equipment shall not be located in a required front yard or that portion of side yard located between the front lot line and the rearmost portion of the main building.

4.

To minimize the potential impact of noise, equipment shall be located not less than ten feet from any window or other opening into a dwelling or other habitable building on an adjacent property.

B.

Screening. Pool equipment shall be enclosed or screened from street and adjoining property view.

(Ord. 1038, § 2, 2008)

Editor's note— Ord. No. 1235, § 1(1.1), adopted 2023, repealed § 17.22.235, which pertained to mobile food and derived from Ord. 1100, § 1, adopted 2014.

The purpose of this article is to provide uniform standards for the community desired for the design, placement, permitting, and monitoring of telecommunication facilities consistent with applicable federal requirements. The standards are intended to address adverse visual impacts and operational effects of these facilities through appropriate design, siting, screening techniques and locational standards while providing for the communication needs of residents, local businesses, and government agencies.

This section is not intended to, and does not, address or regulate health impacts associated with telecommunication projects.

A.

The city, in conjunction with service providers, shall compile and maintain a list of telecommunication sites and facilities based on information provided by wireless service providers. The list shall include existing site and facility locations, structure height(s), number of service providers using the site/facility, and availability of space for additional users based on prior approvals and include site/facilities in the wireless network that directly connect to those facilities located in the city.

B.

The following is a summary of uses and locations and if they are permitted under this article as listed below in Table 17.22-1.

Table 17.22-1 Telecommunication Type Permit Requirements

(Ord. 1038, § 2, 2008)

Telecommunication facilities are regulated at the federal, state, and local level. In February 1996, the Federal Government enacted the 1996 Telecommunications Act. This Act contains provisions concerning the placement of antenna structures and other facilities for use in providing personal wireless services. Specifically, Section 704 preserves the right of local agencies to regulate these facilities based on aesthetics, visual impacts, and land use impacts.

(Ord. 1038, § 2, 2008)

For the purposes of this article, the following terms shall have the meanings set forth below:

Antenna means any system of wires, poles, rods, discs, reflecting discs, panels, flat panels, dishes, whip antennae, or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the structure. Antennae includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of the antenna shall include all array structures.

Antenna—Amateur radio means a ground, building, or tower mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).

Antenna array means a group of antenna elements located on the same structure.

Antenna—Building mounted means any antenna, other than an antenna with its supports resting on the ground, directly attached, façade-mounted or affixed to a building, tank, tower, or structure other than a telecommunications tower.

Antenna—Roof mounted means any antenna which is mounted to the roof of a building, tank, or similar structure.

Antenna—Flush mounted means an antenna mounted to a structure which does not project above the façade to which it is mounted

Antenna—Direct Broadcast Satellite Service (DBS) means an antenna, usually a small home receiving dish.

Antenna—Directional (also known as panel antenna) means a device used to transmit or receive radio frequency signals in a directional pattern of less than 360 degrees.

Antenna—Ground mounted means any antenna with its base, single or multiple posts, placed directly on the ground.

Antenna—Multipoint Distribution Services (MDS) means an antenna designed to receive video programming services via multipoint distribution services including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

Antenna—Portable means any device used to transmit or receive electromagnetic or radio frequency communications/signals in a specific directional pattern located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.

Antenna—Satellite Earth Station (SES) means an antenna designed to receive or transmit radio frequency signals directly to or from a satellite

Antenna—Television Broadcast Service (TVBS) means an antenna designed to receive only television broadcast signals.

Antenna—Radio antennas means an antenna designed to receive AM/FM radio broadcast signals, or similar signals used for commercial purposes.

Antenna—All other antennas means all other antenna(s) not previously covered in this section.

Co-location means a site or facility where more than one wireless service provider shares a single wireless communication site or facility, such as a telecommunications tower or an antenna, on an existing structure. A co-located site or facility is comprised of a single tower or mast/pole that supports two or more antennae, dishes, or similar wireless communication devices that are separately owned or used by more than one public or private entity. Placing new wireless communication facilities/antennae upon existing or new PG&E or other utility towers or poles is also considered co-location. Co-location can consist of additions or extensions made to an existing tower so as to provide adequate space for more than one user, or it can consist of the construction of a new replacement tower with more antenna space that supplants an older tower with less capacity.

Equipment building, shelter or cabinet means a cabinet or building used by telecommunications providers to house equipment at a site or facility.

Federal Communications Commission (FCC) means the Federal Communications Commission is the governmental agency responsible for regulating telecommunications in the United States.

Lattice tower means a self-supporting structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

Monitoring protocol means an industry accepted radio-frequency (RF) radiation measurement protocol used to determine compliance with FCC RF radiation exposure standards in accordance with the National Council on Radiation Protection and Measurements Reports 86 and 119 and consistent with the RF radiation modeling specifications of OET Bulleting 65 (or any superceding reports/standards) which is to be used to measure the emissions and determine radio frequency radiation exposure levels from existing and new telecommunications facilities.

Monopole means a wireless communication facility or site which consists of a single pole structure (non-lattice), designed and erected on the ground or on top of a structure, to support telecommunications antennas and connecting appurtenances.

Non-Ionizing Electromagnetic Radiation (NIER) means radiation from the portion of the electromagnetic spectrum with frequencies of insufficient energy to break chemical bonds, including all frequencies below the ultraviolet range such as visible light and radio frequency radiation.

Stealth technology/techniques means a camouflaging methods applied to wireless communication towers, antenna or other sites/facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it "minimally visible" to the casual observer. Stealthing may utilize, but does not require, concealment of all components of the wireless facility.

Telecommunication facility means a stand-alone facility located on a legal parcel, vacant or otherwise, or an easement, that transmits or receives electromagnetic or electro-optic signals and which may include accessory equipment and equipment shelters. A telecommunication facility does not include any other use or type of facility that may be provided for in the Hollister Municipal Code that is not used for communication, or radio frequency machines which have an effective radiated power of 100 watts or less.

Telecommunication project means a telecommunication project includes telecommunication facilities and telecommunication sites, as defined in this section.

Telecommunication site means an ancillary facility that transmits or receives electromagnetic or electro optic signals, which is placed on an existing structure, or is co-located on an existing telecommunications structure. This may also include accessory equipment and equipment shelters. A telecommunication site does not include any other use or type of facility that may be provided for in the Hollister Municipal Code that is not used for communication, or radio frequency machines which have an effective radiated power of 100 watts or less. The height of the telecommunications site includes all antenna array structures.

Telecommunications tower means a mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than ten feet tall and six inches in diameter, at any point, supporting one or more antenna, dishes, arrays, etc. shall be considered a telecommunications tower.

(Ord. 1038, § 2, 2008)

This section specifies the parameters for various types of wireless telecommunications based on their level of impact. Prohibited facilities are specifically identified.

Facilities considered to have minimal impacts or which are exempt from local review by state or federal statutes have been classified as exempt under this article and are not subject to discretionary review so long as they are in compliance with the development standards set forth herein. Unless listed in Section 17.22.290 (Exempt Facilities) as exempt or prohibited, no wireless telecommunication facility shall be constructed without first undergoing the specific review process and obtaining the prescribed permit.

(Ord. 1038, § 2, 2008)

The following telecommunication projects shall be prohibited:

A.

Telecommunication projects where the combined EMF/RF exceeds the state or federal standard.

B.

Telecommunication projects within areas zoned or designated on the General Plan Land Use map for residential uses, mixed use; open space park or open space, airport and airport support or within 500 feet of said areas so designated or zoned or a school. Public rights-of-way in these zones.

C.

Telecommunication projects on sites within 500 feet of a school. Telecommunication projects on existing or planned public parks or greenbelts.

D.

Telecommunication projects located within designated sensitive habitat areas such as habitat restoration areas, as designated by the city. The Development Services Department shall maintain a map identifying such areas.

E.

Telecommunication projects with structures that would penetrate the FAR Part 77 surface as presented on the most recently adopted Hollister Municipal Airport Comprehensive Land Use Plan or that could result in electronic interference that may cause a hazard to aircraft in flight.

F.

Exemptions to the prohibition above requirement stipulated above:

1.

Telecommunication projects within areas zoned or designated Public Facility/Quasi-Public that are located over 500 feet from the property line of an area zoned or designated for a residential use, mixed use, open space, or open space park.

2.

Existing facilities authorized with a Conditional Use Permit prior to this Zoning Ordinance shall be considered conforming uses.

(Ord. 1038, § 2, 2008)

The following telecommunication facilities are exempt from discretionary review under this article, provided they meet the location and design requirements set forth below:

A.

Interior and exterior facilities accessory to a permitted use of a site, limited to, television antennae, satellite dishes, and amateur radio facilities meeting all the requirements set forth below:

1.

Direct Broadcast Satellite (DBS) antennae and Television Broadcast Service (TBS) antennae or other similarly scaled telecommunication device not exceeding one meter in diameter DBS and TBS, other satellite dishes and similar devices may not extend above the roof peak or parapet.

2.

Ground-mounted antennas and support structures shall be located entirely on-site and meet all required setbacks. Antennae, including the support structure, shall not be located within front or side yard setbacks and shall be screened from public view to the extent practical. No portion of the antenna or support structure may overhang or extend beyond any property line.

3.

Antenna height shall not exceed the maximum allowable building height for the zoning district in which it is located by more than ten feet. The antenna support structure shall not exceed a width or diameter of 24 inches.

4.

Public safety facilities, used only for public safety functions, including transmitters, repeaters, and remote cameras so long as the, facilities are designed to match the supporting structure.

5.

Wireless telecommunication facilities accessory to other publicly owned or operated equipment for data acquisition such as irrigation controls, well monitoring, and traffic signal controls.

6.

Wireless telecommunication facilities erected and operated for emergency situations, as designated by the Police Chief, Fire Chief, or City Manager so long as the facility is removed at the conclusion of the emergency.

7.

Multipoint Distribution Service (MDS) antennae and other temporary mobile wireless service including mobile wireless communication facilities and services providing public information coverage of news events (less than two-weeks duration).

8.

Mobile facilities when placed on a site for less than seven consecutive days, provided any necessary building permit is obtained.

9.

Television (TVBS) and AM/FM radio antennas for commercial use. The antenna shall not extend more than 12 feet beyond the maximum allowed building height for the zone.

10.

Telecommunication equipment replacement or alterations at an existing facility which includes alterations such as, replacing the existing antenna with a smaller antenna, installing quieter equipment, or decreasing or not increasing capacity.

11.

Any wireless communication facility, if and only to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.

12.

Satellite Earth Station (SES). A SES proposed to be located in commercial or industrial zones, which meet the following standards shall require a building permit and conform to the following standards:

a.

SES antennae shall not exceed two meters in diameter or in diagonal measurement.

b.

SES antennae shall be located as far away as possible from the edges of rooftops to eliminate visibility, or shall be adequately screened, from adjacent properties. The method of screening shall be approved by the Development Services Director. Building permits shall be for such antennas.

(Ord. 1038, § 2, 2008)

The following telecommunication facilities shall be reviewed in accordance with Section 17.24.210 (Conditional Use Permit), provided the application procedures set forth in this section are satisfied and provided the facilities meet the location and design standards set forth in this article.

A.

Noncompliant Exempted. Any exempted facility that does not meet the location and design standards of this article.

B.

Mobile Antenna. Any mobile antenna when placed on a site for more than seven consecutive days, but less than 30 days meeting the requirements set forth below:

1.

Antenna vehicle/trailer shall be located only on an improved surface.

2.

Parking and access for support personnel shall be on an improved surface.

3.

Day and night safety marking shall be provided.

4.

The antenna vehicle/trailer and support parking shall not be located within a public right-of-way.

C.

Additional Antennas or Changes or Modifications to an Existing Tower. The following is a list of requirements for this application type:

1.

The tower was constructed and is operating in accordance with the requirements of the Conditional Use Permit.

2.

The type and size of proposed antenna(s) is consistent with the provisions of this article.

3.

The new antenna array does not exceed the height of the existing tower.

4.

The antenna array is the second or third grouping on the tower.

5.

The proposed array fits within the three-dimensional envelope of the existing tower and arrays.

6.

The proposed array does not include a microwave dish greater than one meter in diameter.

7.

The combined EMR for all arrays does not exceed state or federal standards.

8.

The new array does not require substantial modifications to the existing tower.

D.

Building-Mounted Antennas. The following is a list of standard requirements for this application type:

1.

The lowest part of the antenna shall be a minimum of 15 feet above grade.

2.

The antenna and mountings shall not project more than 18 inches from the building surface to which it is mounted.

3.

Antennas, connections, and supports shall be treated to match the color scheme of the building, or as approved by the Planning Commission.

4.

Antennas and connections shall not project above the building façade.

5.

Ground-mounted support equipment shall be under grounded or screened from public view.

6.

Exterior electrical lines serving the equipment cabinet or building shall be under grounded.

7.

If panel type antennas are proposed, the total square footage of all panels shall not exceed 25 square feet on any façade.

E.

Roof-Mounted Facilities. The following is a list of standard requirements for this application type:

1.

The facility and related equipment shall be fully screened from view or architecturally integrated into the building design.

2.

Antennas shall match the color scheme of the building façade to which they are attached.

3.

Ground-mounted equipment shall be placed below grade or screened from public view. If the Planning Commission determines that screening is not adequate, it shall require that equipment be placed underground or within building enclosure.

4.

Antennas and support structures shall not exceed the allowable height limit for the zone zoning district in which it is located by more than ten feet or exceed the roof parapet by more than six feet, whichever is less.

F.

Telecommunication Antennas on Publicly Owned or Publicly Utilized Lands. The following is a list of standard requirements for this application type:

1.

Antennas may be ground-mounted or mounted on existing buildings or structures.

2.

The antennas shall be integrated into the site or structure design.

3.

Ground-mounted equipment shall be under grounded or screened from public view. If the Planning Commission determines that screening is not adequate, it may require that equipment be placed underground.

4.

Parking and access shall be on an improved surface.

G.

Public Right-of-Way. Placement of private carrier facilities or accessory facilities on utility, signal, or lighting structures within a public right-of-way or easement shall meet the requirements set forth below.

a.

Antennas shall be treated to match the supporting structure.

b.

Ground-mounted equipment shall be under ground or screened from public view. If the Planning Commission determines that screening is not adequate, it may require that equipment be placed underground.

c.

The city retains the right to deny an application for this type of telecommunication facility based on aesthetic or land use impacts.

H.

Legal Nonconforming Uses. Any change out of equipment or accessories to telecommunication facilities for legal nonconforming and conforming, with the exception of reducing the height, reducing the number of panels or antennas, or reducing the RF or noise emissions, pursuant to Section 17.24.230 (Nonconforming Uses).

I.

Emergency 911 Uses/Upgrades. Any alteration, upgrade or addition of telecommunication equipment or accessories to allow for Emergency 911 uses. Documentation from the FCC shall be submitted with the application requiring this use.

J.

Antenna Arrays. Mounted on existing signs, water towers, sport field light towers, and other similarly scaled structures meeting the requirements set forth below:

1.

Antennas shall be treated to match the supporting structure.

2.

Ground-mounted equipment shall be under ground or screened from public view. If the Planning Commission determines that screening is not adequate, it may require that equipment be placed underground.

3.

The city retains the right to deny an application for this type of telecommunication facility based on aesthetic impacts alone.

K.

Monopole or Lattice Tower Facilities.

1.

Monopoles and lattice towers shall be located and designed to minimize visual impacts. Towers located in high visibility locations shall incorporate "stealth" design techniques to camouflage the tower to the maximum extent feasible as art/sculpture, clock tower, flagpole, tree or any other appropriate and compatible visual form.

2.

Monopoles and lattice towers shall be located on the rear half of the parcel, unless aesthetic benefit is achieved through an alternative location, as determined by the Planning Commission.

3.

New private monopoles and lattice towers shall not be located in any land developed or zoned for any residential or school zone/use, pursuant to this chapter.

4.

Monopoles and lattice towers shall generally not be permitted within 1,000 feet of an existing tower. This standard may be modified upon finding by the Planning Commission that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. Independent review of the request, at the applicant's cost, may be required by the Planning Commission.

5.

Monopoles and lattice towers shall be designed at the minimum functional height. Tower height shall generally not exceed the maximum height for buildings in the zoning district in which it is located by more than 12 feet. This standard may be modified upon a finding by the Planning Commission that cumulative visual impacts are not significant and that the height is necessary to provide services not possible with a tower meeting the height standard. Independent review of the request, at the applicant's cost, may be required by the Development Services Director. If no maximum building height is established in this Zoning Ordinance, the height of the tower shall be reviewed for the visual impact on the surrounding land uses and the community.

6.

As a condition of approval for all monopoles and lattice towers, the applicant shall provide the city with a written commitment that it will allow other service providers to co-locate antennas on towers where technically and economically feasible.

7.

Ground-mounted equipment shall be under ground or screened from public view. If the Planning Commission determines that screening is not adequate, it may require that equipment be placed underground.

8.

Parking and access shall be on an improved surface, subject to review and approval by the Planning Commission.

9.

Additions or expansions of legal non-conforming uses, including co-locations, which do not meet the criteria for exempt facilities under this article.

10.

Other telecommunication facilities not listed as exempt, permitted, or prohibited.

(Ord. 1038, § 2, 2008)

A.

Except for the facilities specifically identified as exempt under this article, all applications for telecommunication projects that require a Conditional Use Permit, as specified in this article, shall be submitted to the Development Services Department under the Conditional Use Permit procedures set forth in Chapter 17.24, Article II. The Development Services Director may require additional information, besides the information specified in this section, in order to properly assess a particular application.

B.

Submittals shall include all application materials generally required for a Conditional Use Permit, as provided for in Chapter 17.24 Article II (Conditional Use Permit).

C.

Vicinity Map, including:

1.

Topographic areas, 1,000-foot radius from proposed site/facility, residential and school zones and major roads/highways. The distance of the proposed telecommunication project from existing residentially designated/zoned areas, existing residences, schools, major roads and highways, and all other telecommunication sites and facilities (including other providers locations) within a 1,000-foot radius shall be delineated on the vicinity map.

2.

Site Plan including and identifying:

a.

All facility related support and protection equipment;

b.

A description of general project information, including the type of facility, number of antennas, height to top of antenna(s), radio frequency range, wattage output of equipment, and a statement of compliance with current FCC requirements;

c.

Elevations of all proposed telecommunication structures and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site;

d.

Photo simulations, photo-montage, story poles, elevations or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstrations shall include accurate scale and coloration of the proposed facility. The visual simulation shall show the proposed structure as it would be seen from surrounding properties from perspective points to be determined in consultation with the Development Services Department prior to preparation. The city may also require the simulation analyzing stealth designs, or on-site demonstration mock-ups before the public hearing;

e.

Landscape plan that shows existing vegetation, vegetation to be removed, and proposed plantings by type, size, and location. If deemed necessary, the Development Services Director may require a report by a licensed landscape architect to verify project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction. Where deemed appropriate by the Development Services Department, a landscape plan may be required for the entire parcel and leased area;

f.

A written statement and supporting information regarding alternative site selection and co-location opportunities in the service area. The application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected, and a contact list used in the site selection process. Provide a statement and evidence of refusal regarding lack of co-location opportunities;

g.

Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or individual, approved by the City, and paid for by the project applicant;

h.

A radio frequency analysis conducted and certified by a State licensed/registered RF Engineer to determine probable outputs of the proposed site/facility and comparison of those outputs with the maximum allowable radio frequency outputs allowed by the FCC. A report with evidence of compliance with FCC's NIER standards shall be submitted by the Engineer. Such information shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant;

i.

A cumulative impact analysis for the proposed facility and other wireless telecommunication facilities on the project site. The analysis shall include height of all existing and proposed (application submitted to the Development Services Department) wireless telecommunication facilities on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment, and a report estimating the ambient radio frequency fields and cumulative electro magnetic radiation at the proposed site;

j.

Statement by the applicant of willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable;

k.

A signed copy of the proposed property lease agreement, exclusive of the financial terms of the lease, including provisions for removal of the site/facility and appurtenant equipment within six months of its abandonment and provisions for city access to the site/facility for removal where the provider fails to remove the site/facility and appurtenant equipment within six months of its abandonment. The final agreement shall be submitted at the building permit stage;

l.

An evidence of needs report detailing operational and capacity needs of the provider's system within the city of Hollister and the immediate area adjacent to the city. The report shall detail how the proposed site/facility is technically necessary to address current demand and technical limitations of the current system. Such report shall be evaluated by a qualified firm or individual, chosen by the City, and paid for by the project applicant. The RF Engineer may request additional information from the applicant to sufficiently evaluate the proposed project;

m.

A security plan which includes emergency contact information, main breaker switch, emergency procedures to follow, and any other information as required by the Development Services Director;

n.

A description of the anticipated maintenance program and back-up generator power testing schedule.

D.

Pre-Applications. Two pre-application meetings are recommended for wireless telecommunication proposals. The first meeting should take place at the earliest stage of site location research and should include a service area map and description of the type of antenna facility required. The second meeting is recommended after the site is selected and should include a preliminary site plan and visual impact drawings. These meetings are voluntary, and no fees shall be for the city's review of material submitted at this stage.

(Ord. 1038, § 2, 2008)

A.

These standards are not applicable to exempt facilities as defined in this article.

1.

If technological improvements or developments occur that allow the use of materially smaller or less visually obtrusive equipment, the service provider may be required to replace or upgrade an approved telecommunication facility upon application for a new permit in order to minimize the facility's adverse impacts on land use compatibility and aesthetics. This provision would only apply to the specific site where the application for modification is requested.

2.

Each service-provider with a telecommunication facility in the City shall obtain a city business license prior to initiation of service.

3.

If deemed necessary, the city may hire a third-party independent RF engineer to evaluate any technical aspect or siting issues proposed in the application. The applicant will be responsible to pay for all charges of this analysis.

4.

The city may impose a condition limiting the duration of any permit for a telecommunication facility located on any property. As part of such condition, the city shall specify the threshold which could trigger termination of the permit following a duly noticed public hearing.

B.

Height.

1.

All telecommunication uses shall be designed to the minimum functional height required.

2.

Unless this article imposes a more restrictive height limitation on a specific type of facility, telecommunication facility height shall not extend more than twelve feet beyond the maximum allowable building height for the zone. If a maximum building height has not been established in the City's Zoning Ordinance, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community.

3.

If the telecommunication facility is not attached to a building, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community.

4.

The height of a telecommunication tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

C.

Setbacks.

1.

All telecommunication uses and accessory equipment structures shall comply with the required building setbacks for the zoning district in which the site is located. However, in no instance, shall the facility (including antennae and equipment) be located closer than five feet of any property line. Additional setback requirements shall be established in conjunction with a Conditional Use Permit for those antennae exceeding the height limit for the zoning district.

2.

Telecommunication facilities shall not be located within the required front-yard area of any parcel, unless specifically approved by the Planning Commission.

3.

The Planning Commission may reduce setbacks through the Conditional Use Permit process upon determination that aesthetic impacts would be reduced or open space improved.

D.

Landscaping.

1.

Landscaping, wherever appropriate, shall be used as screening to reduce visual impacts of telecommunication facilities. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity.

2.

Existing landscaping in the vicinity of a proposed telecommunication facility shall be protected from damage during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement.

3.

Off-site landscaping may be required to mitigate off-site impacts, subject to willing property owners. Additional landscaping may also be required in public rights-of-way to obscure visibility of telecommunication facilities from passing motorists, bicyclists, and pedestrians.

4.

An automatic irrigation system shall be provided and reviewed at the building permit stage.

E.

Design Standards. All telecommunication uses and accessory equipment structures shall:

1.

Utilize state of the art stealth technology as appropriate to the site and type of facility. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application.

2.

Antennae and support structures, where utilized, must be monopole type. Monopole support structures shall not exceed four feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary.

3.

In the case of existing structures, the telecommunication site/facility shall be located in a manner so as to minimize visual impacts from surrounding properties and rights-of-way.

4.

All flush mounted antennae(s) and support structures shall be painted to be architecturally compatible with the building on which it is located or painted to minimize the visual impacts where the structures extend above the roof line and minimize visual impacts from surrounding properties. The specific color is subject to city review based on a visual analysis of the particular site.

5.

Accessory equipment must be designed and screened from public view. The specific design is subject to city review based on a visual analysis of the particular site.

6.

Support structures and site area for telecommunication antennae shall be designed and of adequate size to allow at least one additional service provider to co-locate on the structure.

7.

All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit or allow for removal of graffiti.

(Ord. 1038, § 2, 2008)