A.

Residential Performance Overlay Zone District (R1 L/PZ, R3 M/PZ and R4 H/PZ): This overlay district applies to vacant land within the city of Hollister. The intent of the overlay district is to foster development that meets the range of densities for the general plan land use designation with the option for flexible standards to implement policies and programs in the general plan that call for the following:

1.

A variety of lot sizes and choices for housing types in all residential zoning districts;

2.

New development with interesting street patterns, site planning and neighborhood design;

3.

Connections among new neighborhoods with the rest of the city for pedestrians and bicyclists;

4.

Incorporation of on-site recreation, pedestrian links between adjoining properties, trails or easements in the vicinity of drainages and water courses in new development;

5.

Clustered development that meets the average general plan density for the property while avoiding development in areas with environmental constraints (e.g., flood, seismic, liquefaction, and habitat);

6.

Lot design and building orientation to provide solar access; and

7.

Ensure that the scale and mass of new development preserves the character and scale of existing residential neighborhoods.

Lands within the R1 L/PZ overlay zone predominantly include vacant land within the city of Hollister in the low density residential (one to eight units per acre) land use category of the general plan. An average development density of one to eight units per acre is required in this overlay zone with a targeted minimum density of at least six units per acre.

Areas with the R3 M/PZ overlay zone comprise vacant land within the city of Hollister in the medium density residential (eight to 12 units per acre) land use category of the general plan. An average development density of eight to 12 units per acre is required in this overlay zone.

Areas included in the R4-H/PZ overlay zone encompass vacant land within the city of Hollister in the high density residential (12 to 35 units per acre) land use category of the general plan. An average development density of 12 to 35 units per acre is required in this overlay zone.

B.

Performance Overlay Zoning District Development Requirements.

1.

Lot Size Variation. Lot size may vary from the base zoning district with a Performance Agreement as follows:

a.

Lots may be reduced below the minimum of the based zone to not less than 2,500 square feet for lots created where the base general plan designation is low density residential or medium density residential.

b.

The lot size may be reduced to less than two thousand five thousand 2,500 square feet and the building height may be increased to 75 feet where the general plan designation is high density residential.

2.

Performance Agreement. A performance agreement shall be required for any subdivision or residential development with a variation in lot sizes allowed by this section. The approved performance agreement shall be recorded on each lot as a deed restriction. At a minimum, the recorded performance agreement shall include the following:

a.

Standards for each lot within the subdivision, including but not limited to lot coverage, yards (front, side and rear) for dwelling units and accessory buildings, landscaping and storage;

b.

A plan for the shared maintenance of useable open space subject to review and approval of the city of Hollister;

c.

A plan for the shared maintenance of private roads, sidewalks, other subdivision improvements subject to the review and approval of the city of Hollister;

d.

Standards for conversion of accessory buildings or nonhabitable portions of buildings (e.g., garages) for human habitation;

e.

The approved performance agreement for the construction of dwelling units shall be in conformance with the requirements of subsection C (finding for approval of a performance agreement) of this section.

3.

Housing Types. The range of housing types and densities allowed in the R1, R2, R3 and R4 Zoning Districts shall be allowed subject to the approved performance agreement. These housing types include single family homes, small lot homes, and zero lot line homes, manufactured homes on a permanent foundation, duplexes, triplexes, fourplexes, multi-family homes, condominiums and row houses.

4.

Future Subdivision. Since the purpose of the district is to allow flexibility in development design while maintaining the density of the base zoning district, a lot once subdivided and recorded under the provisions of the approved performance agreement shall not be further divided or significantly reduced in area unless the lot was created as a "remainder lot" under the provisions of the California Subdivision Map Act.

5.

Minimum Lot Sizes Near Subdivision Boundary. Lots located contiguous to an existing residential development shall be similar in size to the adjoining residential zoning district unless it can be found that one of the following conditions exists:

a.

That the project boundary is contiguous to a street;

b.

That the lot is contiguous to properties within a zoning district and general plan designation with a higher or lower development density and the lot sizes would not have been similar;

c.

The project boundary will abut open space or a nonresidential land use;

d.

Transitional setbacks and landscaping is incorporated into the project design to assure that the new development is of a scale and character that will preserve and enhance the character of the existing residential neighborhood.

6.

Setbacks, Lot Coverage. The setbacks and lot coverage requirements established in the R1, R2, R3, R4 and OT Zoning Districts shall be applied to the housing type approved the performance agreement. Where there is a mix of housing types, the more restrictive setback shall apply.

C.

Finding for Approval of a Performance Agreement. The variation of lot sizes and clustered development in the approved performance agreement will fulfill general plan goals:

1.

The development avoids encroachment on watercourses and drainage areas;

2.

The development design and improvements provide pedestrian and bicycle connectivity between developments to assure safe routes to schools and reduced vehicle trips;

3.

The development is designed to provide a diversity of housing types and sizes;

4.

The development includes the provision of usable open space with a mechanism for maintenance of the open space areas;

5.

The development is designed to preserve and enhance the character of the surrounding residential neighborhoods;

6.

The development design will contribute to stable and attractive neighborhoods;

7.

The average development density is not less than the average and not more than the maximum development density for the applicable general plan land use designation;

8.

Where the base general plan designation is high density residential, at least 30 percent of the housing stock shall be multifamily rental housing.

(Ord. 1038, § 2, 2008; Ord. 1056, § 17, 2009; Ord. 1071, § 11, 2011; Ord. 1220, § 1, 2022)

A.

Purpose. This section provides overlay zone regulations that supplement regulations in the base zoning district applicable to development and new land uses in the Airport Overlay Zoning District established by Section 17.02.030 (Districts Established and Designated). The purposes of the Airport Overlay Zoning Districts area as follows:

Airport Safety Overlay District. The Airport Safety Overlay District (ASZ) provides regulations in the vicinity of the Hollister Municipal Airport for protecting people and property on the ground, minimizing injury to aircraft occupants and preventing creation of hazards to aircraft using the airport.

B.

Airport Safety Overlay Zone Supplemental Land Uses and Permit Requirements to the Base Zoning District for a Property.

Table 17.14-1 Airport Overlay Land Use and Permit Requirements that are Supplemental to the Base Zoning District

Additional Use Regulations and Notes:

(1) The permit requirements in this table are supplemental to the requirements in the base zoning district. All land uses listed and not specifically listed on this table must comply with requirements of the base zoning district and supplemental standards for building height, population density and land use in this chapter.

(2) Maximum number of persons per acre to be allowed from a single land use or combination of land uses on a property shall be zero persons per acre but an exception may be granted for agricultural activities, roads and automobile parking.

(3) Maximum number of persons per acre to be allowed from a single land use or combination of land uses on a property shall be 25 to 40 persons per acre.

(4) Maximum number of persons per acre to be allowed from a single land use or combination of land uses on a property shall be 60 to 80 persons per acre.

(5) Maximum number of persons per acre to be allowed from a single land use or combination of land uses on a property shall be 150 persons per acre.

(6) Where population is concentrated on a portion of a property or an assembly use is proposed, the population density shall not exceed the threshold for the maximum number of persons per single acre in this table.

C.

Airport Overlay Zone General Development Standards.

1.

Supplemental Application Form. A supplemental application on a form prepared by the city of Hollister shall be submitted with any application for a discretionary permit, building permit n or change of use on property located in the Airport Safety Overlay Zone. The Director shall have the authority to waive the requirement where it can be determined with certainty that there is no question that the alterations to the property conflict with the standards listed below (e.g., wall sign, low intensity use). The supplemental application form shall be used to verify that the proposed building permit or change of use on the property complies the following standards to protect persons, property and aircraft in the Airport Safety Overlay Zone:

a.

Application Submittal Requirements.

i.

Type of land use.

ii.

List the type of airport safety zone(s) that overlies the property (Zone 1—Runway Protection; Zone 2—Inner Approach/Departure; Zone 3—Inner Turning Zone; Zone 4—Outer Approach/Departure; Zone 5—Sideline; Zone 6—Traffic Pattern) from the city of Hollister Geographic Information System Airport Overlay Zone Map. If multiple airport safety zones overlay the property, the safety zones shall be plotted to scale on the site plan.

iii.

The maximum number of persons per acre that could result from the activity proposed on calculated on a form prepared by the city of Hollister. The city of Hollister will prepare forms that use the most current edition of the Caltrans, California Airport Land Use Planning Handbook. A supplemental calculation of the density per proposed density per acre shall be required for assembly uses or where population is concentrated on a portion of property or as determined by the Director.

iv.

Building height. All applications for new construction or that will increase the height of a structure shall include the FAR Part 77 elevation for the subject property based on the FAR Part 77 Surfaces established in the most recently adopted Comprehensive Land Use Plan for the Hollister Municipal Airport, the elevation of the ground and the building height of the proposed structure.

D.

Standards for the Airport Overlay Safety Zone.

1.

Air Emissions. No approved land use shall generate or cause any visible dust, gasses, heat, odor, or smoke to be emitted into the atmosphere that would disturb aircraft, and the operation of motor vehicles on the site, or would violate the requirements of the Monterey Bay Area Unified Air Pollution Control District.

2.

Electronic Interference. No structure or use on land or water shall create electrical or electronic interference with navigational signals, or radio or radar communications between the aircraft and a ground station.

3.

Glare. No glare-producing materials shall be used on the exterior of any structure, including any metal building, which are hazardous to aviation, or result in glare in the eyes of pilots using the Hollister Municipal Airport.

4.

Ground Vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations.

5.

Height. Structures that exceed the FAR elevation shall be prohibited.

6.

Lighting. There shall be no illumination that produces a flashing or blinking effect that would interfere with aircraft or a pilot's ability to identify Airport lights, nor any lighting projecting upward that would interfere with aircraft or a pilot's ability to identify Airport lights.

7.

Maximum Density Per Gross Acre or Single Acre. A discretional permit or building permit shall not be issued for new construction or alterations to a building or a land use established in an airport safety overlay zone where the population density exceeds that maximum allowed in Table 17.14-1.

8.

Noise. Office buildings, motels, hotels and schools shall be designed to include noise attenuation measures to maintain an interior noise level not to exceed 55 dB CNEL.

E.

Findings for Conditional Use Permits in the Airport Overlay Safety Zone.

1.

The development proposal incorporates risk reduction factors to minimize harm to occupants of a building from an aircraft such as:

a.

Concrete walls;

b.

Limited numbers and size of windows;

c.

Upgraded roof strength;

d.

No skylights;

e.

Enhanced fire sprinkler system;

f.

Single story height or increased number of emergency exits.

2.

The population per acre or concentration of people on the property does not exceed the thresholds for population density in Table 17.14-1.

3.

The development has been designed to orient buildings and open areas in relation to surrounding land uses to provide a continuous open area.

(Ord. 1038, § 2, 2008)

A.

Purpose and Intent. The Earthquake Hazard Overlay District (EZ) applies to or portions of properties that have been included on the earthquake fault zones maps delineated by the State Geologist pursuant to Section 2621 of the Public Resources Code, the Alquist-Priolo Earthquake Fault Zone Act. The purpose of the overlay zone is to protect people and property from hazards associated with surface fault rupture along the traces of active and potentially active main branch and East Branch of the Calaveras Fault.

B.

Property Development Standards. These standards supplement regulations in the base zoning district for the property.

1.

Surface Fault Hazard Investigation. A surface fault hazard investigation shall be required on the portion of property within the fault hazard zone that meets the definition of a project in Section 2621.6(a) of the Alquist-Priolo Earthquake Fault Zone Act.

a.

If a surface fault hazard investigation has been previously conducted on the property, evidence shall be submitted that there is not potential for surface fault rupture where structures for human occupancy are proposed based on evidence from a surface fault hazard investigation completed in compliance with the Alquist-Priolo Earthquake Fault Zone Act and filed with the State Geologist.

b.

Surface Fault Investigation Requirements.

i.

Prior to the initiation of a surface fault hazard investigation, a trenching plan prepared by a geologist registered in the State of California shall be reviewed and approved by a city appointed geologist that is registered in the State of California.

ii.

Prior to initiation of a surface fault hazard investigation, fees shall be deposited by the property owner or their agent with the city of Hollister to cover the cost for review of the scope of work, examination of the trenches, review of the written findings from the surface fault investigation and any associated meetings.

iii.

The surface fault investigation and review shall be completed in compliance with the California Geological Survey Special Publication 42.

iv.

The approved surface fault investigation report shall be filed with the State Geologist.

v.

If a nonbuildable area is established by a surface fault investigation, a deed restriction shall be recorded by the property owner or their agent with a map that clearly illustrates the location of the non-buildable area(s) established by the approved surface fault hazard investigation.

(Ord. 1038, § 2, 2008)

A.

Purpose and Application. The purpose of the Floodplain Overlay Zone is applied to lands within the Federal Emergency Management 100-year floodplain, and areas included on the Department of Water Resources Flood Awareness Maps and other flood-prone area identified by the city of Hollister. Residential land uses shall be restrictive in the Flood Hazard Overlay Zone in order to prevent property damage, to safeguard the health, safety and general welfare of the people in areas subject to flooding and inundation, to control filing, grading and development that may alter drainage patterns and/or increase flood damage and to prevent the cumulative effect of development in flood-prone areas.

1.

Prohibited Land Uses. Establishment of the following types of land use is prohibited in the Flood Hazard Overlay Zone: emergency shelter; emergency command center or communication facility; fire station; health care facility; hospital or similar land use.

B.

Property Development Standards.

1.

Development on lands in the industrial zoning districts located within the FEMA 100-year floodplain shall comply with the city of Hollister floodplain ordinance.

2.

New residential development on properties located within the FEMA 100-year floodplain shall be designed to avoid FEMA 100-year flood zones. A non-developable easement shall be recorded on the portion of any lot in the FEMA 100-year floodplain.

3.

As a condition of prezoning and annexation, a comprehensive plan for flood control improvements to avoid damage to persons and property with an approved mechanism for funding shall be required prior to approval of any new residential development on lands included on the Department of Water Resources Flood Awareness Maps.

4.

Prior to accepting an application for a residential subdivision that proposes development as defined by the Federal Emergency Management Agency within the FEMA 100-year floodplain, the applicant shall submit a Conditional Letter of Map Amendment (CLOMA) or Conditional Letter of Map Revision (CLOMR) or a Conditional Letter of Map Revision Based on Fill (CLOMR-F). The final approval for a Letter of Map Revision (LOMR) or a Letter of Map Revision Based on Fill (LOMR-F) shall be completed prior to recordation of the Final Map.

C.

Floodway Development. Development in a Floodway identified by the Federal Emergency Management Agency shall be prohibited unless an engineering analysis is approved by FEMA that demonstrates that there will not be a change in the base flood elevation from the development.

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