Chapter 17.02 — GENERAL PROVISIONS

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

A.

Provide standards for the orderly growth and development of the city that will assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design;

B.

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

C.

Maintain a balanced distribution of land uses throughout the city;

D.

Provide open space resources for passive and active recreational activities and protect the public from natural safety hazards;

E.

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

F.

Conserve and protect the natural resources of the city;

G.

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

H.

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

(Ord. 1038, § 2, 2008)

Editor's note— Ord. 1267, § 1, adopted Oct. 20, 2025, repealed § 17.02.020, which pertained to definitions and derived from Ord. 1038, § 2, adopted in 2008; Ord. 1057, § 1, adopted in 2010; Ord. 1063, § 1, adopted in 2010; Ord. 1177, § 1, adopted June 17, 2019; Ord. 1220, § 1, adopted Oct. 3, 2022; Ord. 1235, § 1(1.2), adopted June 20, 2023; and Ord. 1262, § 1, adopted Aug. 18, 2025.

Cross reference— Chapter 17.68, Definitions.

A.

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

This Zoning Ordinance is the primary tool used by the city of Hollister to carry out the goals, objectives, and policies of the Hollister General Plan. The Hollister City Council intends that this Zoning Ordinance be consistent with the Hollister General Plan, and that any land use, subdivision, or development approved in compliance with this Zoning Ordinance will also be consistent with the Hollister General Plan.

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

1 Medium Density Residential (8—12 units per acre)

2 High Density Residential (12—35 units per acre)

(Ord. 1038, § 2, 2008; Ord. 1056, § 1, 2009)

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

A.

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

1.

The proposed use of land shall be allowed by this chapter of this Zoning Ordinance (Zoning Districts and Allowable Land Uses) within the zoning District that applies to the site in question;

2.

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

3.

Any land use permit or other approval required in this Zoning Ordinance shall be first obtained in compliance with Land Use and Development Permit Procedures in this Zoning Ordinance;

4.

Any land use proposal may not be processed or approved where there is an existing violation of Municipal Code (See Section 1.16.100, Refusal to Issue Licenses or Other Entitlements).

B.

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

C.

Subdivision of Land. Any subdivision of land within the city of Hollister occurring after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements of this title, the

subdivision requirements of Title 16 (Subdivisions), and all other applicable requirements of this Zoning Ordinance.

D.

Continuation of an Existing Land Use. An existing land use is lawful and not in violation of the Hollister Municipal Code only when operated and maintained in compliance with all applicable provisions of this Zoning Ordinance. However, the requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before this Zoning Ordinance or any applicable amendment became effective.

Any alteration, expansion or modification to an existing use shall comply with all provisions of this Zoning Ordinance, specifically including Section 17.24.230 (Nonconforming Structures, Uses, and Lots).

E.

Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this Zoning Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses than those that applied to existing development. For example, this Zoning Ordinance or a future amendment could require more off-street parking spaces for a particular land use than former Zoning Ordinance or Zoning Ordinance provisions. This subsection determines how the requirements of this Zoning Ordinance apply to development projects in progress at the time requirements are changed.

1.

Projects With Pending Applications. All land use permit and subdivision applications that have been determined by the Development Services Department to be complete before the effective date of this Zoning Ordinance or any amendment will be processed in compliance with the requirements in effect when the application was accepted as complete. Applications for extension of time for land use permit or tentative map extensions of time (see Section 17.24.130, Permit Implementation, Time Limits, Extensions and Revocations and Title 16, Subdivisions, respectively) shall be consistent with the requirements of this Zoning Ordinance that are in effect when the time extension application is accepted as complete.

2.

Approved Projects Not Yet Under Construction. Any approved development for which construction has not begun as of the effective date of this Zoning Ordinance or amendment may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable land use permit (Section 17.24.130, Permit Implementation, Time Limits, Extensions and Revocations) or, where applicable, before the expiration of any approved time extension granted under Section 17.24.130.

3.

Approved Land Uses Not Yet Established. Any approved land use that has not been established as of the effective date of this Zoning Ordinance or any amendment may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit (Section 17.24.130, Permit Implementation, Time Limits, Extensions and Revocations) or, where applicable, before the expiration of any approved time extension granted under Section 17.24.130.

4.

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

5.

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

F.

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

G.

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

(Ord. 1038, § 2, 2008)

A.

Authority. The Development Services Director is assigned the responsibility and authority to interpret the provisions/requirements of this Zoning Ordinance.

B.

Language.

Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Title 17 of the Hollister Municipal Code. The city of Hollister is referred to hereafter as the "city." Title 17 of the Hollister Municipal Code or Ordinance Number 1038 is referred to hereafter as "this Zoning Ordinance." The Development Services Director is referred to hereafter as "Director." The City Council is referred to as the "Council." The Planning Commission is referred to as the "Commission," and the Development Services Department is referred to as the "Department." "Buildings and structures" are referred to hereafter as "structures."

2.

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

3.

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

4.

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

C.

Allowable Uses of Land.

1.

Non-Permitted Land Uses. A land use not listed in a land use and permit requirements table is not permitted if the use is not listed in the land use table for that zoning District. The use is also not permitted even if listed as a permitted use in one or more other zoning Districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning District.

2.

Uses Not Listed in Zoning Ordinance. If a use is proposed that is not specifically listed in any of the land use and permit requirement tables or definitions, the Community Development Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:

a.

The use is similar to other uses allowed in the zoning District.

b.

The density or intensity of the use is similar to other uses in the zoning District.

c.

The use is compatible with permitted or conditionally permitted uses in the zoning District.

d.

The use will meet the purpose/intent of the zoning District.

e.

The use is consistent with the goals and policies of the general plan.

f.

The use will not be detrimental to the public health, safety, or welfare.

g.

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

3.

When the Community Development Director determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Ordinance.

D.

Conflicting Requirements.

1.

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

2.

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

3.

Private Agreements. It is not intended that the requirements of this Zoning Ordinance are to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of

whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city may not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

(Ord. 1038, § 2, 2008; Ord. 1056, § 2, 2009; Ord. 1267, § 3, 2025)

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

A.

Request for Interpretation. The request shall specifically state the provision(s) in question, and provide any information to assist in the review.

B.

Record of Interpretations. Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Official interpretations shall be:

1.

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

2.

Distributed to the Council, Commission, City Attorney, city clerk, and Department staff. Any provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision will be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.

C.

Appeals and Referral. Any interpretations of this Zoning Ordinance by the Director may be appealed to the Commission as provided by Section 17.24.140 (Appeals). The Director may also refer any interpretation to the Commission for a determination.

(Ord. 1038, § 2, 2008)

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

(Ord. 1038, § 2, 2008)

The duly adopted official Zoning Map for the city, and all amendments thereto, are made a part of this chapter at the time of their adoption and shall constitute subsections of this section.

The attached map, which is incorporated herein by reference, is adopted as the official Zoning Map for the city of Hollister.

(Ord. 1038, § 2, 2008)

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

A.

Where District boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the District boundaries;

B.

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

C.

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

D.

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

(Ord. 1038, § 2, 2008)

This Zoning Ordinance shall be administered by the Hollister City Council, Planning Commission, Community Development Services Director, and the Hollister Development Services Department, as provided in Chapter 17.24, Article I.

(Ord. 1038, § 2, 2008)

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

(Ord. 1038, § 2, 2008)

The following provisions allow for the amendment of the Zoning Map, or this Zoning Ordinance whenever required by public necessity and general welfare. Zoning Map amendments have the effect of rezoning property from one zoning District to another. Amendments to this Zoning Ordinance may modify any standards, provisions, requirements, or procedures applicable to the subdivision, development, or use of property within the city.

A.

Hearings and Notice. Upon receipt of a complete application to amend the Zoning Map or this Zoning Ordinance, or upon initiation by the Director, Commission, or Council, 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).

B.

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 (D)(1) of this section ("Findings required for all Zoning Map/ordinance amendments").

C.

Council Action on Amendments. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form or disapprove the proposed amendment based upon the findings in subsection (D)(1) of this section ("Findings required for all Zoning Map/ordinance amendments").

If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

D.

Approval Criteria Zoning Map and Code Text Amendments.

1.

Findings required for all Zoning Map/ordinance amendments:

a.

The proposed amendment is consistent with the General Plan; and

b.

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

c.

The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the General Plan and any adopted area or specific plan.

E.

Additional Finding for Zoning Map Amendments. The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses or development.

(Ord. 1038, § 2, 2008)