This chapter describes the authority and responsibilities of city staff and official bodies in the administrative of this Zoning Ordinance, in addition to the Council and provides procedures and requirements for the public hearings, preparation, filing and initial processing of applications for permits, variances, and land use entitlements required by this title, except for procedures and requirements specified elsewhere within this Zoning Ordinance.

(Ord. 1038, § 2, 2008)

This article describes the authority and responsibilities of city staff and official bodies in the administration of this title (Zoning Ordinance) of the Municipal Code, in addition to the Council. As provided by Government Code Section 65100, the functions of a Planning Agency shall be performed by the Hollister City Council, Planning Commission, Development Services Director and Development Services Department.

(Ord. 1038, § 2, 2008)

A.

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

B.

Duties and Authority. The Director shall:

1.

Head and manage the day-to-day and long-range functions of the Development Services Department;

2.

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

3.

Have the responsibility and authority to conduct public hearings and approve or disapprove applications for Administrative Permits, Administrative Permit Reviews and Minor Temporary Use Permits;

4.

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

5.

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

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

(Ord. 1038, § 2, 2008)

A.

Appointment. The Commission shall consist of five members appointed by the Council and are residents of the city, and shall serve in compliance with the provisions of this Zoning Ordinance and the Municipal Code.

B.

Meetings. The Commission shall hold one regularly scheduled meeting on the fourth Thursday of each month, and other meetings as deemed necessary by the Commission. Meeting dates may be altered to accommodate holidays and/or special community events.

C.

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

1.

Approve or disapprove Conditional Use Permits, variances, and specified Planned Development Permits pursuant to this article, Tentative Maps and Parcel Maps, and appeals of administrative decisions; and

2.

Recommend to the Council for final determinations on specific plans, General Plan amendments, Zoning Map amendments, amendments to this Zoning Ordinance, pre-zoning upon annexation, development agreements, performance agreements, pre-annexation agreements, environmental documents, and other applicable policy or ordinance matters related to the City's Planning Authority for land use and development permit decisions in Article II of this chapter.

(Ord. 1038, § 2, 2008)

This article provide procedures and requirements for the preparation, filing and initial processing of applications for permits, variances, and land use entitlements required by this Zoning Ordinance, except for procedures and requirements specified elsewhere within this Zoning Ordinance.

(Ord. 1038, § 2, 2008)

Table 17.24-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of permit or amendment.

Table 17.24-1 Review Authority

Key:

R = Review and recommendation body

F = Final decision-making body

A = Appeal body

N/A = Not applicable

Notes:

(1) Commission recommends to Council for final determination.

(2) Review of parcel maps or lot line adjustment is by the City Engineer.

(3) Parcel maps involving land dedication need City Council approval.

(Ord. 1038, § 2, 2008)

A.

Application Contents. Applications for permits, variances, and land use entitlements, and other matters pertaining to this Zoning Ordinance shall be filed with the Department on a city application form, together with all fees, plans, maps, reports, and other information required by the Department. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

B.

Eligibility for Filing. Applications may be made by any person so long as the application contains the written consent of all owners of the property.

C.

Pre-Application Meeting. A prospective applicant or agent is encouraged to request a pre-application meeting with the Department prior to formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in this Zoning Ordinance, explore possible alternatives or modifications, and identify any necessary technical studies relating to future environmental review. Neither pre-application review nor the provision of available information or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the Department representative(s).

D.

Notice of Proposed Project Sign. For all projects that require review of a Conditional Use Permit, Site and Architectural Review, Minor Subdivision, Tentative Map, Planned Unit Development, Pre-zone, Annexation, Variance, General Plan Amendment, or Re-zoning, the applicant shall install a sign or signs on each site of the proposed project in accordance with this section.

1.

Deadline for Placement. Any sign required by this chapter shall be placed no later than seven calendar days after the applicant for an approval for which a sign is required has been informed of project application completeness/incompleteness under the provisions of Chapter 4.5, Section 65943 of the Planning and Zoning Law of the State of California. The number of signs, size, and locations shall be approved in advance by the Development Services Director. Sign specifications shall be provided by the Planning Department to the manufacturer of the sign for the applicant who will then install the sign. Verification shall occur when the city receives from the applicant a completed certificate attesting that the sign has been installed as required (including photographs).

2.

Location. Any sign required by this chapter shall be placed on the subject property so as to be clearly seen and readily readable from each street frontage of the property to which it refers. The sign shall be no further than ten feet within the property line and not less than six feet inside the property line. On corner lots, signs shall not be installed in the traffic sight area which is a ten-foot by ten-foot, 45-degree triangle area on the corner. Additional signs may be required at the discretion of the Development Services Director. Signs shall be located so as to not interfere with vehicular line of sight distance. Where the project sign posting is determined by city staff to be difficult to post on a project site (i.e., visibility of the sign, etc.) the notice in accordance with the sign standards in this section shall still be followed. However, an alternative building material may be used with the approval of the Development Services Director prior to construction and erection of the sign.

3.

Size, Material and Height Above Grade. Each sign shall be a maximum of four feet (vertical) by eight feet (horizontal) containing information in both English and Spanish or four feet vertical by four feet horizontal containing information in English next to another four feet vertical by four feet horizontal sign containing information in Spanish. Signs shall be constructed of one-half-inch recyclable coroplast (corrugated vinyl) material or one-fourth-inch Medium Density Overlay (MDO) plywood. Other material may be used with the approval of the Development Services Director. The information required shall be painted, laminated, or otherwise rendered weatherproof and shall be legible at all times. No sign required by this chapter shall exceed seven feet above grade, except where necessary to be clearly seen and readily readable from each right-of-way providing primary vehicular access to the subject property. Four-inch by four-inch wood posts buried at minimum two feet deep with appropriate diagonal bracing shall be used on the MDO plywood signs and two-inch by four-inch wood posts with one-inch by three-inch stringers buried at minimum two feet deep and with appropriate diagonal bracing to support the signboard on the coroplast signs. All information shall be in English and Spanish. The sign(s) shall not be illuminated. Lettering shall be as follows:

a.

Letter style: Times New Roman, Arial, or similar standard typeface;

b.

Letter size: Six-inch bold capital letters for the sign header and the application number: NOTICE OF PROPOSED PROJECT/AVISO DE PROYECTO PROPUESTO;

c.

One and one-half-inch bold capital letters for the sign address, assessor parcel number(s), and project description: 123 HOLLISTER STREET, HOLLISTER, CA 95023 ASSESSOR PARCEL NUMBER/NUMERO DE LA PARCELA: 000-000-000, PROJECT DESCRIPTION/DESCRIPCION DEL PROYECTO:;

d.

One and one-half-inch upper and lower case for all other letters for the sign within the project description. Appropriate contents as to the type of development, number of units etc. shall be indicated on the project description (Example: Proposed on this site new construction of 20 townhomes). Descriptive words such as "luxurious" or "elegant" shall not be used;

e.

One and one-half-inch bold capital letters for the contact information header with the applicant and the city's information in upper and lower case letters for the sign:

FOR FURTHER INFORMATION CONTACT:

PARA MAS INFORMACION PONGASE EN CONTACTO CON:

f.

Letter color shall be black;

g.

Background color shall be white.

4.

Public Notice Area. Provide a space along the bottom area of the sign with two clear plastic 8½-inch by 11-inch plain paper size sleeves with two-inch bold upper case letters above the sign stating "PUBLIC NOTICE/AVISO PUBLICO:" centered above the sleeves;

5.

Information Required. Each sign shall include only the following factual information and shall be printed in English and in Spanish with legible black lettering on a white background:

a.

Header;

b.

Application number;

c.

Address and assessor parcel number(s);

d.

Description of proposed development on the site, including type of project, proposed use, number of units/lots, types of applications being processed and a description of each;

e.

Footer with applicant's name, address, phone number, and e-mail address if applicable and the project planner's name, address, phone number, and e-mail address;

f.

Area with two 8½-inch by 11-inch sleeves to place Public Notices for the project;

g.

Staff may require additional specific information be included in order to provide a useful notice.

6.

The following modifications to a submitted application will require new noticing including new sign text:

a.

A change that results in an increase of 20 percent or more in height, floor area ratio, or lot coverage;

b.

A change that necessitates a variance;

c.

A change that results in an increase in the number of lots or dwelling units;

d.

A change that results in an intensification of use;

e.

Deadline for Sign Removal. Each sign shall be removed within ten calendar days after the expiration of the final appeal period or the date on which a final appeal decision is effective. The applicant shall provide the project planner a completed, signed affidavit attesting that the sign has been removed in the time period allowed.

7.

Failure to Provide Affidavit and/or Remove Sign. If the applicant fails to return the affidavit or if the sign is not removed within the time allowed, then the Development Services Director shall record a notice of violation against the property. Additionally, no inspection signoff may occur nor shall any building permit be approved before removal of the sign and correction of the violation.

8.

Removal of graffiti on the sign and reapplication of missing signs or missing sign information shall be completed within 24 hours.

Figure 17.24-1 Notice of Proposed Project Sign 8 ft. by 4 ft.

(Ord. 1038, § 2, 2008; Ord. 1146, §§ 1, 2, 2018)

The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Zoning Ordinance. The schedule of fees may be changed or modified only by resolution of the Council. The city's processing fees are cumulative. For example, if an application for a Site and Architectural Permit also requires a Conditional Use Permit, both fees will be charged unless the Council authorizes one fee for combined applications for Site and Architectural Review and a Conditional Use Permit by resolution for a specified period of time. Also, unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees. Processing shall not commence on any application until all required fees/deposits have been paid.

(Ord. 1038, § 2, 2008)

All applications for permits or actions requiring notice and a public hearing, including but not limited to conditional use permit, variance, or site and architectural permit filed with the Department as required by this Zoning Ordinance shall be processed as follows:

A.

Completeness Review. Within 30 days of filing, the Department shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

B.

Notification of Applicant. The applicant shall be informed by a letter that either the application is complete and has been accepted for processing or the application is incomplete and that additional information, specified in the letter, shall be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection D of this section.

C.

Appeal of Determination. When the Department has determined that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Section 17.24.140 (Appeals).

D.

Expiration of Application. If a pending application is not completed by the applicant and cannot be accepted as complete by the city within 18 months after the first filing with the Department, the application shall expire and be deemed withdrawn. The Director may extend the application another six months if there is compelling evidence that the applicant is making a good faith effort to complete the application. A new application may then be filed in compliance with Section 17.24.070 (Application filing).

E.

Additional Information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the environmental review of the project in compliance with CEQA and Section 17.24.100.

(Ord. 1038, § 2, 2008)

After acceptance of a complete application, the project shall be reviewed as required by the city of Hollister CEQA Procedures and the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. These determinations and, where required, the preparation of EIRs shall be in compliance with the City's CEQA Procedures and will be completed within 30 days of the application being deemed complete.

(Ord. 1038, § 2, 2008)

A.

Staff Evaluation. The Department staff shall review all discretionary applications filed in compliance with this article to determine whether they comply and are consistent with the provisions of this Zoning Ordinance, other applicable provisions of the Hollister Municipal Code, and the General Plan, and shall provide a recommendation to the Director, Commission or Council (as applicable) on whether the application should be approved, approved subject to conditions, or denied.

B.

Referral of Application. At the discretion of the Director or where otherwise required by this Zoning Ordinance, State or Federal law, any application filed in compliance with this Zoning Ordinance may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

C.

Staff Report Preparation. A staff report shall be prepared by the Department that describes the conclusions/findings of the staff about the proposed land use and any development as to its compliance and consistency with the provisions of this Zoning Ordinance, other applicable provisions of the Hollister Municipal Code, applicable specific plans, and the General Plan. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.

D.

Report Distribution. Staff reports shall be furnished to applicants at the same time as they are provided to the Director or members of the Commission or Council prior to a hearing on the application.

(Ord. 1038, § 2, 2008)

This section provides procedures for public hearings before the Director, Commission and Council. When a public hearing is required by this Zoning Ordinance, public notice shall be given and the hearing shall be conducted as provided by this section.

A.

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

B.

Content of Notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. The hearing notice shall include a statement that the hearing body will also consider approval of environmental determination, as applicable.

C.

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

1.

Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the hearing; and

2.

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

a.

The owner(s) of the property being considered or the owner's agent, and the applicant,

b.

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

c.

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

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

3.

Notice shall be provided via e-mail to each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

4.

For all projects that require review of a Conditional Use Permit, Site and Architectural Review, Minor Subdivision, Tentative Map, Planned Unit Development, Pre-Zone, Annexation, Variance, General Plan Amendment, or Re-zoning, the applicant shall install a sign or signs on each site of the proposed project in accordance with Section 17.24.070(D) of the Hollister Municipal Code.

D.

Additional Notice. In addition to the types of notice required by subsection B of this section, the Director may provide in the notice any additional information or using a distribution method as the Director determines is necessary or desirable.

E.

Scheduling of Hearing. After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a Department staff report, the matter shall be scheduled for public hearing on the next available agenda reserved for the matters, consistent with CEQA notice requirements.

F.

Hearing Procedure. Hearings shall be held at the date, time, and place for which notice has been given as required in this section. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.

G.

Notice of Decision. At the conclusion of a scheduled hearing, the hearing body will announce its decision or recommendation, as applicable, which shall contain applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. The decision of the Council shall be final.

(Ord. 1038, § 2, 2008; Ord. 1146, § 3, 2018)

A.

Purpose. The following provisions outline requirements for the implementation or "exercising" of the permits required by this Zoning Ordinance, including time limits, procedures for extensions of time. Time limits and extension criteria for Tentative Maps are found in Title 16, Subdivisions, of the Hollister Municipal Code and the Subdivision Map Act.

B.

Effective Date of Permits. Conditional Use Permits, variances, Site and Architectural Permits, and Planned Development Permits shall become effective on the 16th day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Section 17.24.140 (Appeals).

C.

Applications Deemed Approved. Any permit application deemed approved in compliance with Government Code 65956 shall be subject to all applicable provisions of this Zoning Ordinance, which shall be satisfied by the applicant before any construction permit is issued or a land use not requiring a construction permit is established.

D.

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

E.

Time Limits and Extensions.

1.

Time Limits. Unless conditions of approval establish a different time limit, any permit or entitlement not exercised within two years of approval shall expire and become void.

2.

Extensions of Time. Upon request by the applicant, the Director may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the Department at least ten days before the expiration of the permit, together with the filing fee required by the City Fee Resolution. The Director shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the Director determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Director may renew the permit for up to two additional years. For phased developments with three or more buildings, an extension of a third year may be granted if at least one of the buildings has been constructed.

3.

Hearing on Expiration. The Director may hold a hearing on any proposed expiration of a permit, in compliance with Section 17.24.120 (Public Hearings).

F.

Changes to an Approved Project. Development or a new land use authorized through a Site and Architectural Review, Conditional Use Permit, variance, performance agreement and Planned Development Permit shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

The Director may authorize changes to an approved site plan, architecture, or the nature of the approved use if the changes:

1.

Are consistent with all applicable provisions of this Zoning Ordinance;

2.

Do not involve a feature of the project that was specifically addressed or was a basis for findings in a negative declaration or environmental impact report for the project;

3.

Do not involve a feature of the project that was specifically addressed or was the subject of an appeal or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

4.

Do not result in a significant expansion of the use.

G.

New Application. Changes to the project involving features described in subsections (F)(2) and (F)(3) of this section shall only be approved by the review authority through a new permit application processed in compliance with this Zoning Ordinance.

H.

Revocations.

1.

Hearings and Notice. Upon application by the Director the review authority shall hold a public hearing in order to consider revocation or modification of any permit or entitlement granted in compliance with the provisions of this Zoning Ordinance. Ten days prior to the public hearing (except for Temporary Use Permits), notice shall be delivered in writing by certified mail to the applicant and owner of the property for which the permit was granted. Notice shall be deemed delivered upon acceptance of the certified mail.

2.

Review Authority and Action—Permit Revocation. A permit may be revoked or modified by the review authority which originally approved the permit, if any one of the following findings can be made:

a.

That circumstances have changed so that one or more of the findings supporting the permit can no longer be made;

b.

That the permit was obtained by misrepresentation or fraud;

c.

That one or more of the conditions of the permit have not been met;

d.

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

e.

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

(Ord. 1038, § 2, 2008; Ord. 1071, § 17, 2011)

A.

Code Administration and Interpretation. The following actions of the Department staff or Director may be appealed to the Commission and then to the Council:

1.

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

2.

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

3.

Any enforcement action in compliance with Article III of this chapter.

B.

Land Use Permit Hearing Decisions. Determinations of the Commission may be appealed to the Council.

1.

Filing of Appeals—Who May Appeal. Any person aggrieved by a decision or action of the department staff or Director may appeal that decision or action to the Planning Commission. Any person aggrieved by a decision or action of the Planning Commission may appeal that decision or action to the City Council.

2.

Timing and Form of Appeal. All appeals shall be submitted in writing on a city application form within 15 calendar days from the date of the decision or action, and shall specifically state the pertinent facts and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department, while appeals addressed to the Council shall be filed in the Office of the City Clerk.

C.

Processing of Appeals.

1.

Report and Scheduling of Hearing. The Director shall prepare a staff report on all filed appeals, and schedule the matter for consideration by the appropriate appeal body identified in Table 12-24-1 after completion of the report.

2.

Action and Findings—General Procedure. The appeal body shall conduct a public hearing in compliance with Section 17.24.120 (Public Hearings). At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

a.

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

b.

When reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval to address issues or concerns other than the subject of the appeal.

c.

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

D.

Withdrawal of Appeal—Commission Actions. After an appeal of a Commission decision has been filed and a public notice has been published, the appeal shall not be withdrawn except with the consent of the Council.

(Ord. 1038, § 2, 2008)

A.

The purpose of this section is to provide a review process for applications for those permits and approvals for actions that:

1.

Have little potential for affecting surrounding properties;

2.

Are statutorily or categorically exempt from the California Environmental Quality Act; and

3.

Are not subject to discretionary or other review requirements of this article.

These permits include home occupation permits that do not require a conditional use permit; temporary use of land permits for which there are specific standards; wall sign permits; addition or removal of up to two doors or windows in a commercial or industrial zoning district where the addition or removal is consistent with standards for the zoning district and any supplemental guidelines that have been approved by the City Council or the Planning Commission as part of a master architectural guidelines; certain minor structures such as automatic teller machines for which there are specific standards; new structures that are consistent with a master plan (architecture, lighting and landscaping) approved by the Planning Commission within three years from the date of application.

B.

Procedure. An application for an Administrative Permit shall not require a public hearing or notification of adjacent property owners. The City Planner shall approve the permit if the application complies with all of the standards specified in this Zoning Ordinance. If the application does not comply with those standards, the City Planner shall deny the application.

C.

Expiration. An administrative permit shall expire one year after its effective date, or at an alternative time as specified in the approval, unless any one of the following occurs first:

1.

A building permit has been issued and construction diligently pursued;

2.

A certificate of occupancy has been issued;

3.

The use is established; or

4.

The city planner determines that other substantial action has been commenced to carry out the terms and intent of the administrative permit.

D.

Transferability. An Administrative Permit shall not be affected by changes in ownership.

E.

Revocation. A revocation of an Administrative Permit shall be in accordance with Section 17.24.130 (Permit Implementation, Time Limits, Extensions and Revocation).

(Ord. 1038, § 2, 2008)

The purpose of this provision is to provide a mechanism to streamline the review process for applications that require site specific review to for compliance with supplemental standards such as outdoor storage, parking, noise, traffic safety because of the nature of the use. In order to be placed on the agenda for the Development Review Committee (DRC) meeting, a complete application for Administrative Permit Review must be filed at least 15 days before the monthly DRC.

A.

Review of Administrative Permits. The City Planner shall prepare for the Development Review Committee (DRC) written findings required for permits including but not limited to large family home care permits; sidewalk café, small lot housing, animal boarding and grooming, Site and Architectural Permit for uses with outdoor storage; façade changes to existing structures where the changes are not visible from public rights of way; medical and dental offices, clinics and laboratories, service stations, drive-through restaurants and facilities, minor vehicle repair facilities. The City Planner shall determine in written findings whether the proposed use or structure is statutorily or categorically exempt from the California Environmental Quality Act. If the project is not exempt, Planning Commission review shall be required.

The Development Review Committee (DRC) shall review the application and make a recommendation to the City Development Services Director to approve the application, approve with conditions or modifications or deny the application based on standards for the type of land use activity.

The City Planner shall prepare written findings based on DRC report and the recommendation.

B.

Approval. Following acceptance of a completed application and the DRC report and recommendation, the City Planner shall issue the permit with applicable conditions except that the permit shall not become effective for an appeals period of 15 days. The City Planner shall send written notice of the issuance of the permit to all owners of real property as shown on the latest equalized assessment roll, or other reliable method as approved by the City Council, within 300 feet of the subject property. Within the appeals period if any property owner files a written objection to the issuance of the permit, an appeal shall be scheduled before the Planning Commission in accordance with the provisions of Section 17.24.140 (Appeals) and the permit shall not become effective. If no written objection is filed within the appeals period, the permit shall become effective.

The City Planner shall have the discretion to refer any decision on an application for an administrative Site and Architectural Review or Conditional Use Permit to the Planning Commission if the City Planner determines that a public hearing would better serve the public's interest or if the application raises substantial land use issues.

(Ord. 1038, § 2, 2008; Ord. 1056 § 27, 2009)

A.

Expiration. An Administrative Permit shall expire one year after its effective date, or at an alternative time as specified in the approval, unless any one of the following occurs first:

1.

A Building Permit has been issued and construction diligently pursued;

2.

A Certificate of Occupancy has been issued;

3.

The use is established; or

4.

The City Planner determines that other substantial action has been commenced to carry out the terms and intent of the Administrative Permit.

B.

Transferability. An Administrative Permit shall not be affected by changes in ownership.

C.

Revocation. A revocation of an Administrative Permit shall be in accordance with Section 17.24.130(H) (Revocations).

(Ord. 1038, § 2, 2008)

A.

Purpose. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. This section provides a process for reviewing a proposed use to ensure basic health, safety, and general community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

B.

Minor Temporary Uses. The following minor temporary uses may be approved by the City Planner following the administrative permit procedure without notice or hearing:

1.

Construction Yards. Off-site contractors' construction yards in conjunction with an approved construction project. (Note: the storage of equipment and materials for construction on the same site is covered by the applicable land use and construction permits for the site.)

2.

Temporary One-Day Sales. Temporary one day sales such as flower sales for Valentine's Day may be allowed with an Administrative Temporary Use Permit with authorization from the property owner of an established commercial business. An applicant may obtain a maximum of four one-day Temporary Use Permits per year.

3.

Car Washes. Car washes must be located on the parking lot or paved surface area of property within a commercial or industrial zoning district that has stormwater treatment facilities. Car washes shall be limited to one event each month for each sponsoring organization. Sponsorship shall be limited to religious, fraternal, or service organizations directly engaged in civic or charitable efforts.

4.

Temporary Work Trailers. A trailer or mobile home as a temporary work site for employees of a business:

a.

During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

b.

Upon demonstration by the applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained;

c.

Provided that the use complies with the Americans with Disabilities Act; and

d.

The permit may be granted for up to 360 days.

C.

Major Temporary Uses. The following temporary uses may be approved by the City Planner following the administrative permit procedure with notice and right of appeal. A complete application for a major temporary use permit must be filed with the Development Services Department at least 45 days before the commencement of the use.

1.

Temporary One Day Event. A major temporary use permit for a one-day event that involves the assembly of more than 100 persons in a Commercial, Industrial or Mixed Use Zoning District where the property is substantially developed for commercial land uses.

2.

Temporary Two to Three-Day Sales. A Major Temporary Use Permit for two to three-day sales of products may be allowed on property in the commercial and industrial zoning districts and within a mix use zoning district where the property is substantially developed for commercial land uses. A maximum of four Major Temporary Use Permits may be allowed on any one parcel or commercial center.

3.

Seasonal Sales Lots. Christmas tree sales lots or the sale of other seasonal products, including pumpkins, and directly-related temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than 15 percent of the total parking spaces on the site and does not impair emergency vehicle access. Fireworks sales may be conducted after receiving a permit from the City Council in compliance with the Hollister Municipal Code.

4.

Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales and swap meets.

5.

Temporary Storage. Enclosed temporary storage (unrelated to a construction project) (i.e., cargo container, sea-train, etc.) may be approved for a maximum time period of six consecutive months from the date of approval.

6.

Annual Motorcycle Rally. A Temporary Zoning Clearance Permit may be permitted if the application is consistent with the standards adopted by City Council resolution.

7.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.

8.

Temporary Sales or Tract Office. A temporary tract or sales office may be permitted for up to 365 days in residential subdivision where the developer is selling the newly constructed housing within a residential or mixed-use zoning district if the office is located in a dwelling or in a temporary structure not less than 20 feet from any other structure. The temporary sales office shall be removed and the entire premises shall be restored to conform to the district regulations within 30 days of the expiration of the time specified in the permit or after 98 percent of the units are sold, whichever occurs first. The Development Services Director may extend the approval of the permit prior to the expiration upon the applicant requesting in writing such extension and paying the permit fee.

D.

Development Standards. Standards for structure setbacks, heights, floor areas, off-street parking, landscaping areas and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses. However, the Temporary Use Permit may vary from the specific requirements as deemed appropriate by the Director.

E.

Application. A Temporary Use Permit application shall be made on a form prescribed by the Director and filed with the Department. The application shall be accompanied by the following:

1.

Illustrations. Sketches or drawings of sufficient size and clarity to show without further explanation the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent parcels, location and number of off-street parking spaces and drive aisles, and location of any temporary fences, signs, or structures to be installed as part of the temporary use;

2.

Statement of Operations. A letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses shall be filed with the Department; and

3.

Letters from Abutting Property Owners. For uses proposed to last more than 35 consecutive days per calendar year, where listed as allowable uses in the applicable zoning district, letters signed by the property owners of each parcel abutting the site on which the temporary use is proposed to be located shall be filed with the Department. The letters shall acknowledge the proposed use, and dates and times of operation, and state the abutting property owner's agreement to the operation of the temporary use as described. Applications for which the applicant is unable to obtain these letters may be converted to a Conditional Use Permit where the use is allowed with Conditional Use Permit approval in the applicable zoning district.

F.

Action by the Director. A Major Temporary Use Permit may be approved, modified, conditioned, or denied by the Director only if all the following findings are made:

1.

That the establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

2.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and

3.

Approved measures for removal of the use and site restoration will ensure that the temporary use causes no changes to the site that will limit the range of possible future land uses otherwise allowed by this Zoning Ordinance.

In making these determinations, the Director shall take into consideration the short time period of the proposed land use activity.

G.

Conditions of Approval. In approving an application for a Major Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by subsection F of this section.

H.

Condition of Site Following Temporary Use. Each site occupied by a major or minor temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. A bond may be required prior to initiation of the use to ensure cleanup after the use is finished.

I.

Revocation. The Director may revoke or modify a Major or Minor Temporary Use Permit in compliance with Section 17.24.130(H) (Revocations) with only a 24-hour notice.

J.

Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any condition of approval imposed by the Director.

K.

Appeal. Any person aggrieved by a decision of the Director may appeal the decision in writing, in compliance with the provisions of Section 17.24.140 (Appeals).

(Ord. 1038, § 2, 2008; Ord. 1056, § 28, 2009; Ord. 1071, § 18, 2011)

A.

Purpose. Site and Architectural Review is intended to provide for site and architectural regulation, review and approval prior to development as to both on-site and off-site improvements and the height, width, shape, proportions and exterior construction design of buildings and other structures to insure architectural compatibility with surrounding areas and to promote unified and distinct development within areas.

Site and Architectural Review may also be required at the discretion of the Development Services Director when a single-purpose facility, such as an abandoned school, is being converted to multi-tenant uses.

B.

Project Review. All zoning districts, other than RE and R1 districts, shall be subject to Site and Architectural Review. No building permit for a new commercial, industrial or multifamily building shall be issued for any purpose or purposes for any improvement or improvements in any district, except R1, until review and approval by the Planning Commission.

The requirement for Site and Architectural Review for a new building may be waived if the building is located within a development with a master architectural, landscaping, lighting and sign program that has been approved by the Planning Commission and the Director can make the following findings:

1.

The building design, elevations, materials, colors, the landscape, lighting and sign plan, building orientation and parking plan substantially conforms with a master architectural, landscaping, lighting and sign program that has been approved by the Planning Commission within the last three years for the project area;

2.

If an environmental document was adopted for the project area, the size of the building and type of use will not trigger the requirement for a subsequent, supplement or addendum to the adopted environmental document and the proposal will incorporates mitigation measures from the mitigation and monitoring program from the adopted environmental document.

In their review, the Planning Commission shall consider the following approval criteria:

a.

Traffic Congestion and Safety. The effect of the layout of the development on traffic conditions and patterns on surrounding streets and for compliance with requirements for a Circulation Plan in Section 17.18.030 and supplemental standards in the applicable zoning district for; the layout of the site with respect to locations and dimensions of vehicular pedestrian entrances, exits, drives and walkways; the adequacy of off-street parking facilities to prevent congestion; the location, arrangement and dimensions of loading and unloading facilities; the circulation pattern within the boundaries of the development and the surfacing and lighting of off-street parking facilities;

b.

Outdoor Advertisement. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures relative to the creating of traffic hazards and the appearance and harmony with the surrounding development;

c.

Landscaping. The location and height of walls, fences, hedges and screen plantings and the materials to be used in the construction of walls and fences, to insure harmony with surrounding development or to conceal storage and service areas, utility installations or unsightly development; the planting of ground cover or other surface to prevent dust and erosion; and the preservation of existing healthy trees and the planting of additional trees;

d.

Site. The orientation and location of improvements and open space in relation to the physical characteristics of the site and character of the neighborhood, and the appearance and harmony of improvements with surrounding development;

e.

Drainage. The effect of the development on storm and surface water drainage. New development and redevelopment of property shall include measures to maintain the natural hydrologic character of a site on the property to reduce the rate and flow of stormwater runoff to streets, storm drains and local water ways;

f.

Exterior Architectural Design. The effect of the height, width, shape and exterior construction and design of building and structures as such factors relate to the existing and future characteristics of the neighborhood and proposed use of the zone district in which they are situated;

g.

General. For the protection of the public health, safety and welfare, the Planning Commission may establish, impose and enforce reasonable conditions or requirements deemed appropriate or necessary for the benefit or protection of surrounding areas, to provide for desirable or necessary public utilities, and to insure development compatible to and harmonious with the surrounding area and the uses established therein, so long as such conditions or requirements bear reasonable relationship to the project or development.

C.

Hearing and Notice. The Planning Commission shall hear each application upon the same notice and proceedings as are required for an original application to the Planning Commission for a Conditional Use Permit under Section 17.24.120 (Public Hearing).

D.

Expiration. Site and architectural approval shall be valid for a period of 24 months from and after the date of such approval and shall be null and void if a building permit has not been issued; except that in the event that the building permit expires, the site and architectural approval shall be null and void. On application, Site and Architectural Review approval may be extended for an additional period, not to exceed one additional year. Application for extension of site and architectural approval shall be filed at least 30 days before the expiration of the original approval and shall state the reasons for requesting the extension. A request for extension of the site and architectural approval may be approved, approved conditionally, or denied. In granting an extension of site and architectural approval, new conditions may be imposed and existing conditions may be revised.

E.

Appeal. An appeal may be taken from the decision of the Planning Commission to the City Council by any person aggrieved by any such decision within the time limits and following the procedures specified in Section 17.24.140 (Appeals).

(Ord. 1038, § 2, 2008; Ord. 1056, § 29, 2009)

A.

Purpose. Conditional Use Permits are intended to allow for activities and uses that are unique and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing it to established development standards.

B.

Application. An application for a Conditional Use Permit shall be filed in compliance with Section 17.24.070 (Application Filing).

C.

Project Review. Each Conditional Use Permit application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this section. The Director shall make a recommendation to the Commission, who shall hold a public hearing in compliance with Section 17.24.120 (Public Hearings).

D.

Hearings and Notice. Upon receipt in proper form of a Conditional Use Permit application, a public hearing shall be set and notice of the hearing given in compliance with Section 17.24.120 (Public Hearings) of this chapter.

E.

Decision and Findings. Following a public hearing, the Commission shall issue the decision and the findings upon which the decision is based. The Commission may approve a Conditional Use Permit application with or without conditions, only if all of the following findings are made:

1.

The proposed use is conditionally allowed within the subject zoning district and complies with all of the applicable provisions of this Zoning Ordinance;

2.

The proposed use is consistent with the General Plan;

3.

The approval of the Conditional Use Permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

4.

The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; and

5.

The proposed use would not impair the architectural integrity and character of the zoning district in which it is to be located.

A Conditional Use Permit shall be recorded in the San Benito County Recorder's Office on the subject real property, and the rights and responsibilities of the Use Permit shall run with the land until the Permit is revoked or rescinded.

F.

Expiration. A Conditional Use Permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved by the Planning Commission in compliance with Section 17.24.170 (Permit Implementation, Time Limits, Extensions) of this chapter.

G.

Conditional Use Permit to Run With the Land. A Conditional Use Permit granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.

The Director may approve minor changes to required conditions and operating standards of an approved Conditional Use Permit, in compliance with the provisions of this section.

H.

Revocation. The Commission may revoke or modify a Conditional Use Permit in compliance with Section 17.24.130(H) (Revocations).

I.

Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any condition of approval imposed by the Commission.

J.

Appeal. Any person aggrieved by a decision of the Commission may appeal the decision in writing, in compliance with the provisions of Section 17.24.140 (Appeals).

(Ord. 1038, § 2, 2008)

A.

Purpose. The provisions of this section allow for adjustment from the development standards of this Zoning Ordinance only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated. The power to grant variances does not extend to land use or residential density regulations. Flexibility in use regulations is provided in Section 17.24. 210 (Conditional Use Permits).

B.

Applicability. Variances may be granted by the Planning Commission, in compliance with this section. The Commission may grant an adjustment from the requirements of this Zoning Ordinance governing only the following development standards:

1.

Dimensional standards (i.e., distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks, and structure heights);

2.

Sign regulations (other than prohibited signs); and

3.

Number and dimensions of off-street parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this Zoning Ordinance.

C.

Application Requirements. An application for a variance shall be filed in compliance with Section 17.24.070 (Application Filing). It is the responsibility of the applicant to establish evidence in support of the findings, as required by subsection (F).

D.

Project Review. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this section.

E.

Hearings and Notice. Upon receipt of a variance application in proper form, a public hearing shall be set and notice of the hearing given in compliance with Section 17.24.120 (Public Hearings).

F.

Decision and Findings. Following a public hearing, the Commission shall record the decision in writing with the findings upon which the decision is based, in compliance with state law (Government Code Section 65906). The Commission may approve an application, with or without conditions, only if all of the following findings are made:

1.

That there are special circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), so that the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;

2.

That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;

3.

The approval of the variance is in compliance with the California Environmental Quality Act (CEQA);

4.

That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel;

5.

That granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

6.

That granting the variance is consistent with the General Plan.

G.

Expiration. A variance shall be exercised within one year from the date of approval, or shall become void, unless an extension is approved by the Director or the Planning Commission, in compliance with Section 17.24.130 (Permit Implementation, Time Limits, Extensions and Revocations).

H.

Revocation. The Commission may revoke or modify a variance in compliance with Section 17.24.130(H) (Revocations) and Article III (Enforcement).

I.

Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any conditions of approval imposed by the Commission.

J.

Appeal. Any person aggrieved by a decision to approve or deny a variance may appeal the decision in writing to the City Council, in compliance with the provisions of Section 17.24.140 (Appeals).

(Ord. 1038, § 2, 2008)

A.

Applicability of Chapter. Existing uses which do not conform to the regulations of the primary district in which they are located shall be subject to the specific regulations set out in this section in addition to general regulations contained in the applicable zoning district, in order to permit the continued operation of those uses while providing for the gradual elimination of those uses in compliance with the Hollister General Plan and the overall goal of the city for community development.

B.

Historical Structure, District—Exemption.

1.

A historic structure or building shall be exempt from the regulations herein. "Historic structure" is one which is identified on a Federal, State, or local historic registry.

2.

A structure or building located within an Historic District which possesses defining characteristics that contribute to the district shall be exempt from the regulations herein. "Historic District" is one which is officially recognized by the city.

C.

Conditions for Continuation. Nonconforming uses, buildings and structures, and lots may be continued, subject to the provisions of subsection E of this section. Nonconforming signs are subject to the limitations established in Chapter 17.20, Signs.

D.

Nonconforming Uses—Land.

1.

A nonconforming use of land may be maintained indefinitely, except as otherwise provided in this section.

2.

No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied when it became nonconforming.

3.

When a nonconforming use of land on a lot has ceased for 180 consecutive days or more, such lot shall not again be put to a nonconforming use. A "nonconforming use of land," as used in this section, means and includes use of either unimproved land or land containing minor structures such as fences and buildings less than 400 square feet in area.

E.

Nonconforming Uses—Structures or Buildings.

1.

A nonconforming use of a structure or building may be maintained indefinitely, except as otherwise provided in this chapter.

2.

A nonconforming use of a structure or building may be changed to a similar use or a use of a lesser intensity upon findings by the director of development services that the site as presently developed cannot reasonably accommodate uses prescribed by the present zoning designation on the property. As used in this section, a "use of lesser intensity" means a use which is found by the planning commission to require less employees or less storage capacity or less service or demands on public facilities, and is more compatible with adjacent and future planned use.

3.

The nonconforming use of a structure or building shall not continue if the use has ceased for 180 consecutive days. When such a cessation of use has occurred, the premises or structure shall only be used for the purposes allowed in the district in which it is located.

4.

When a structure or building containing a nonconforming use is damaged or destroyed by any means, and replacement in kind exceeds 75 percent of the structure's market value, as determined by the county assessor on the last equalized assessment roll at the time of its destruction or damage, it shall not resume its nonconforming use, but may be restored and used in conformity with the provisions of the district in which it is located.

5.

Whenever a nonconforming use of a structure or building has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.

(Ord. 1038, § 2, 2008)

A.

Purpose. This division establishes a review process for lot line adjustments (including lot consolidations) in accordance with the Subdivision Map Act.

B.

Application. An application for a lot line adjustment shall be initiated by submitting an application to the Engineering Department. The application shall be referred to the Development Services Department.

C.

City Planner Duties. Following acceptance of an application by the Engineering Department, the City Planner shall have the authority to make recommendations to approve, conditionally approve, or disapprove an application for a lot line adjustment without public notice or hearing with the following findings in subsection D.

D.

Required Findings.

1.

The lot line adjustment is consistent with the city of Hollister General Plan and the regulations of this Zoning Code.

2.

The lot line adjustment shall not impair existing easements or facilitate the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets.

3.

The lot line adjustment shall not impair existing access, or create a need for access to adjacent lots or parcels or result in a configuration where a road traverses through the lot.

4.

The lot line adjustment shall not result in a parcel with an unbuildable lot due hazards, topography and other factors.

5.

The lot line adjustment shall not require alteration of existing improvements or buildings, create a need for any building improvements, or otherwise create noncompliance with the Uniform Building Codes.

6.

The lot line adjustment shall not adjust or remove the boundary between parcels for which an improvement agreement has been recorded and all required improvements have not been completed, unless the City Planner determines that the proposed adjustment or removal will not significantly affect the improvement agreement.

E.

The City Planner may recommend to the City Engineer conditions of approval on the lot line adjustment in order to:

1.

Comply with the provisions of the Hollister General Plan and this Zoning Code;

2.

Require pre-payment of real property taxes prior to approval of the lot line adjustment; or

3.

Facilitate relocation of existing utilities, infrastructure, or easements.

(Ord. 1038, § 2, 2008)

Editor's note— Ord. No. 1237, § 1, adopted 2023, repealed § 17.24.240, which pertained to planned development permits and derived from Ord. 1038, § 2, adopted 2008; and Ord. 1071, § 19, adopted 2011.

A.

Purpose. The following provisions allow for the prezoning of lands prior to annexation into the city.

B.

Hearings and Notice. The Director shall first submit a complete application for prezoning to the City Council for Council to direct whether the prezoning will or will not proceed. If the Council directs staff to process the prezone application, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Section 17.24.120 (Public Hearings) of this chapter.

C.

Commission Action on Prezoning. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning, based upon the findings contained in subsection E.

D.

Council Action on Prezoning. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form or disapprove the proposed prezoning based upon the findings in subsection E.

E.

Findings for Prezoning. The approval of a prezone application shall include the following findings:

1.

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

2.

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

3.

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

(Ord. 1038, § 2, 2008)

A.

Purpose. When required by the General Plan, this Zoning Ordinance, or by state law to systematically implement the General Plan for any part of the city, a specific plan shall be prepared, processed, approved or denied, and implemented in compliance with this chapter.

B.

Mandatory Pre-Application Conference. Before preparing a draft specific plan in compliance with this section, the applicant shall contact the Department to request a pre-application conference. The purpose of the meeting shall be for the Department to review with the applicant the requirements of this chapter and the provisions of the General Plan, this Zoning Ordinance, or state law that require preparation of the specific plan, to discuss issues associated with the specific plan area that shall be addressed by the plan, and to respond to questions from the applicant about the proper procedure for preparing the plan, its processing, and issues associated with its implementation if it is approved.

C.

Specific Plan Preparation and Content. An applicant shall prepare a draft specific plan for review by the city that includes the following detailed information in the form of text and diagrams, organized in compliance with an outline furnished by the Department:

1.

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

2.

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

3.

Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

4.

Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

5.

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

6.

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

D.

Specific Plan Filing and Processing. A draft specific plan shall be filed with the Department, and shall be accompanied by the fee required by the City Fee Resolution. The draft plan shall be processed in the same manner as required for General Plans by Government Code Sections 65350 et seq., and as follows:

1.

Department Evaluation. After the filing of a draft specific plan, the Department shall review the draft specific plan to determine whether it conforms to the provisions of this section. If the draft plan is not in compliance, it shall immediately be returned to the applicant with a written specification as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Department and the Department determines it is complete and in compliance with this section, the plan shall be deemed to be accepted for processing.

2.

Environmental Review. The draft specific plan shall be subject to environmental review as specified in Section 17.24.100 (Environmental Assessment).

3.

Staff Report. A staff report shall be prepared for the draft specific plan in compliance with Section 17.24.110 (Staff Report and Recommendations) which shall include detailed recommendations for changes to the text and diagrams of the specific plan to make it acceptable for adoption.

4.

Public Hearings. A proposed specific plan shall be subject to public hearings before both the Planning Commission and City Council before its adoption, as follows:

a.

Planning Commission. The Director shall schedule a public hearing on the proposed specific plan after completion of a staff report and any required environmental documents, but not before the expiration of any public review periods for environmental documents required by CEQA. The hearing shall receive public notice and be conducted in compliance with Section 17.24.120 (Public Hearings). After the hearing, the Planning Commission shall forward a written recommendation to the City Council; and

b.

City Council. After receipt of the Planning Commission recommendation, a public hearing on the specific plan shall be scheduled before the City Council. The hearing shall be noticed and conducted in compliance with Section 17.24.120 (Public Hearings). After the hearing, the Council may adopt the specific plan, may disapprove the plan, or may adopt the plan with changes, provided that any changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or any longer period set by the Council, shall be deemed a recommendation for the approval of the changes.

(Ord. 1038, § 2, 2008)

A.

The adoption of a proposed specific plan is entirely at the discretion of the Council. The Council shall adopt a specific plan only if it first determines that the plan:

1.

Is consistent with the General Plan; and

2.

Will not have a significant effect on the environment, or is subject to the overriding findings specified in the city of Hollister CEQA Procedures.

The specific plan shall be adopted by ordinance, or by resolution of the Council.

B.

Implementation, Amendments.

1.

Development Within Specific Plan Area. After the adoption of a specific plan, no public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no amendment to this Zoning Ordinance may be adopted within an area covered by a specific plan unless it is consistent with the specific plan. The Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with Government Code Section 65456.

2.

Amendments. An adopted specific plan may be amended through the same procedure specified by this section for the adoption of a specific plan.

(Ord. 1038, § 2, 2008)

A.

Purpose. This section outlines the procedures and requirements for the review and approval of development agreements. The provisions of this section are fully consistent with the provisions of state law governing development agreements (Article 2.5 of Section 4 of Division 1 of Title 7, commencing with Section 65864 of the California Government Code).

In defining the provisions of any development agreement executed in compliance with this section, each provision shall be consistent with the language of this Zoning Ordinance, state law (Article 2.5 of the California Government Code, cited above), and the agreement itself. Should any discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

1.

The plain terms of the development agreement itself;

2.

The provisions of this chapter; and

3.

The provisions of state law (Article 2.5 of the California Government Code, cited above).

B.

Application. Any owner of real property may request and apply through the Director to enter into development agreement provided the following:

1.

The development agreement, if approved, would be in the best interests of the city;

2.

The status of the applicant as the owner or long-term lessee of the property is established to the satisfaction of the Director; and

3.

The application is made on forms approved, and contains all information required, by the Director.

The Director is hereby empowered to receive, review, process and prepare, together with recommendations for Council consideration, all applications for development agreements.

Processing fees shall be collected for any application for a development agreement made in compliance with the provisions of this chapter.

C.

Development Agreement Hearing.

1.

The Director, upon finding the application for a development agreement complete, shall set the application, together with staff recommendations, for public hearing in compliance with Section 17.24.120 (Public Hearings). Following conclusion of the public hearing, the Director shall make a written recommendation to the Council.

2.

Upon receipt of the Director's recommendation, the City Clerk shall set the application and written report for public hearing before the Council. Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the application.

3.

Notice of the hearings outlined in subsections A and B of this section shall be in compliance with Section 17.24.120 (Public Hearings).

4.

Should the Council approve or conditionally approve the application, it shall as a part of its action direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the City Manager.

5.

The ordinance shall contain findings that the development agreement is consistent with this Zoning Ordinance, the General Plan, and any applicable specific plans.

D.

Content of Development Agreement.

1.

Mandatory Contents. All development agreements shall contain the following provisions:

a.

Duration of the agreement;

b.

Permitted/allowed uses for the subject property;

c.

Density or intensity of the allowable uses;

d.

Approved site plans, elevations, floor plans, and sections;

e.

Provisions, if any, for reservation or dedication of land for public purposes;

f.

Protection from either a future growth control ordinance or a future increase in development or impact fees;

g.

A tiered amendment review procedure that may incorporate the following:

i.

Director sign-off for minor modifications to the development project; and

ii.

Approval of major modifications to the development project by the Council.

h.

The possibility of subsequent discovery of health and safety issues like a "compelling public necessity" (i.e., a new environmental health hazard is discovered), which would necessitate a reconsideration or amendment of the previously approved development agreement.

2.

Permissive Contents. A development agreement may include the following:

a.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that these provisions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;

b.

Provisions which require that construction shall be commenced within a specified time and that the project or any single phase, be completed within a specified time;

c.

Terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and

d.

Any other terms, conditions and requirements as the Council may deem necessary and proper, including, but not limited to, a requirement for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.

E.

Execution and Recordation.

1.

The city shall execute development agreements on or after the date upon which the resolution approving the agreement is approved.

2.

A development agreement shall be recorded in the office of the San Benito County Recorder no later than ten days after it its effective date.

F.

Periodic Review.

1.

Every development agreement approved and executed in compliance with this section shall be subject to annual city review, during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the applicant in compliance with Section 17.24.080 (Application Fees).

2.

The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

3.

If, as a result of periodic review the Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Council may order, after a noticed public hearing, that the agreement be terminated or modified.

G.

Effect of Development Agreement. Unless otherwise provided by the development agreement the rules, regulations and official policies governing allowable uses of the land, density, and design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

(Ord. 1038, § 2, 2008)

The following provisions allow for the amendment of the General Plan whenever required by public necessity and general welfare. A General Plan amendment may include revisions to text, goals, policies, implementation programs, or land use designations.

A.

Initiation of General Plan Amendment. A General Plan amendment may be proposed by a property owner, city staff, Planning Commission, or City Council. No application for a General Plan amendment submitted by a property owner other than the city may be processed without prior City Council approval. Council initiation of a General Plan amendment shall require four affirmative votes of the Council.

The Commission may recommend Council initiation of a General Plan amendment by four affirmative votes, provided that the Commission provides the Council both a report and recommendation.

B.

Hearings and Notice. Once the Council determines that the proposed General Plan amendment should be processed, and following Department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Section 17.24.120 (Public Hearings).

C.

Commission Action on Amendments. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in subsection E.

D.

Council Action on Amendments. Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form or disapprove the proposed amendment based upon the findings in subsection E.

E.

Findings for General Plan Amendments.

1.

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

2.

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

3.

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

(Ord. 1038, § 2, 2008)

This article describes the authority and responsibilities of city staff and official bodies in the enforcement of this chapter of the Municipal Code, in addition to the Council, as provided by Government Code Section 65100.

(Ord. 1038, § 2, 2008)

All departments, officials, and public employees of the city who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Ordinance and shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this Zoning Ordinance and any such permit or license if issued in conflict with the provisions of this Zoning Ordinance, shall be null and void. It shall be the duty of the Police Chief, Fire Chief, Building Inspector, Public Works Director or the Development Services Director to enforce or cause to be enforced the provisions of this Zoning Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, removal, or addition to any building, sign, structure, building site, or parcel of land in the city of Hollister.

(Ord. 1038, § 2, 2008)

Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this Zoning Ordinance shall be guilty of an infraction, and upon conviction thereof shall be punished as set forth in Government Code Section 36900, as it now exists or may hereafter be amended. The violating party shall be judged to be guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Ordinance is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. Nothing in this Zoning Ordinance shall be construed as to restrict the right of any individual to pursue redress by civil action of any violation of this Zoning Ordinance.

(Ord. 1038, § 2, 2008)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Zoning Ordinance, or any use of any land, building, or premises conducted, operated, or maintained contrary to the provisions of this Zoning Ordinance, shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney of the city shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this Zoning Ordinance.

(Ord. 1038, § 2, 2008)

Provisions of this section are intended to outline requirements for securing revocation of previously approved permits and entitlements.

(Ord. 1038, § 2, 2008)

The remedies provided herein shall be cumulative and not exclusive.

(Ord. 1038, § 2, 2008)

Upon application by the Director the review authority shall hold a public hearing in order to consider revocation or modification of any permit or entitlement granted in compliance with the provisions of this Zoning Ordinance. ten days prior to the public hearing (except for Temporary Use Permits), notice shall be delivered in writing by certified mail to the applicant and owner of the property for which the permit was granted. Notice shall be deemed delivered upon acceptance of the certified mail.

(Ord. 1038, § 2, 2008)

Permit Revocation. A permit may be revoked or modified by the review authority which originally approved the permit, if any one of the following findings can be made:

A.

That circumstances have changed so that one or more of the findings supporting the permit can no longer be made;

B.

That the permit was obtained by misrepresentation or fraud;

C.

That one or more of the conditions of the permit have not been met;

D.

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

E.

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

(Ord. 1038, § 2, 2008)