CORONAVIRUS (COVID-19) ADVISORY
IMPORTANT INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL MEETING
On March 16, 2020, the Health Officer of Contra Costa County issued an Order through April 7, 2020 that directed that all individuals living in the county to shelter at their place of residence except that they may leave to provide or receive certain essential services or engage in certain essential activities and work for essential businesses and governmental services.
Under the Governor’s Executive Order N-25-20, this meeting may utilize teleconferencing or other virtual meeting platforms. Pursuant to the Governor’s Executive Order N-25-20, teleconferencing restrictions of the Brown Act have been suspended.
Beginning with the April 14, 2020 Hercules City Council meeting, the City Council will conduct its meeting utilizing ZOOM.
DUE TO THE SHELTER IN PLACE ORDERS AND PURSUANT TO EXECUTIVE ORDER N-25-20, direct public attendance or participation at council meetings has been suspended and the Council Chambers will be closed to the general public.
City Council and staff will participate virtually through the ZOOM application. Applicants, consultants, and others with matters before the Council will be allowed to participate via ZOOM but must make prior arrangements with the City Clerk. The public may log into the Zoom meeting to provide their public comment virtually.
Individuals wishing to address the City Council as part of the Zoom meeting are asked to provide the following information:
1. (Optional) - Name, address and contact information of person providing comments.
2. General topic or agenda item you wish to comment on.
PLEASE NOTE: For Special Closed Session meetings public comments must be submitted in written form either electronically via email, mailed in, or hand delivered prior to the meeting. The Zoom meeting credentials for closed session meetings are not shared publicly. Written public comments will be provided to City Council prior to the meeting and posted to the City’s agenda website.
For regular City Council meetings, all virtual public comments are allowed up to 3 minutes to relay their message or concern. All virtual public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking virtual public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining virtual public comments.
Please refer to the Zoom meeting information on the front cover of the Agenda.
How to watch the meeting from home:
1. Comcast Channel 28
2. Livestream online at https://hercules.legistar.com/Calendar.aspx
We are happy to accommodate written public comments. Written public comment will be accepted by email to [email protected] and will be available on the City’s website. Additional ways to provide your public comment is to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 via USPS in time to reach the City Clerk no later than 4:00 p.m. on the day of the meeting or by telephone by calling (510) 799-8215 no later than 4:00 p.m. on the meeting date. For written public comments:
1. Subject Line to contain the words “PUBLIC COMMENTS”
2. (Optional) - Name, address and contact information of person providing comments.
3. General topic or agenda item you wish to comment on.
All written comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record, and they will not be read during the meeting. The City cannot guarantee that its network and/or the site will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 4:00 p.m. on the day of the Council meeting.
Tuesday, January 25, 2022
6:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
Meeting Agenda
Zoom Meeting ID: 842 0985 1288
Zoom Passcode: 799394
Zoom Phone Number: 1-669-900-6833
1 January 25, 2022City Council Meeting Agenda
To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL
1. 22-035
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code Section 54956.9 (e)(1): In one (1) matter.
2. 22-036 Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiators: Property Address: 1991 Railroad Ave, Hercules, CA 94547; Real Property Negotiator: Dante Hall, City Manager V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-037
Proclamation in Celebration of Lunar New Year 2022
Proclamation - 2022 Lunar New Year.docxAttachments:
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed as follows:
The public may log into the Zoom meeting (refer to agenda cover for Zoom login information) and provide their public comment (3 minute time limit). When the public comment period is open for the item you wish to speak on, use the "raise hand" feature in Zoom (or press *9 if connecting via phone audio only) at the time the Mayor calls for public comment. Please wait your turn and once you are brought into the meeting, state your name and city of residence for the record.
For additional alternatives to providing public comments please refer to the Notice of Important Instructions on how to Participate and Watch the Hercules City Council Meeting on the front page of the agenda.
2 January 25, 2022City Council Meeting Agenda
All public comments are allowed up to 3 minutes to relay their message or concern. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.
XI. PUBLIC HEARINGS
1. 22-029
Zoning Text Amendment #21-02 - Parking Exception
Recommendation: Adopt an ordinance amending Title 13, Chapter 32 of the Hercules Municipal Code to add Section 13-32.500 to allow the approval of parking exceptions on a validated case-by-case basis citywide.
Staff Report - ZTA 21-02 - Parking Exception
Attach 1 - ZTA 21-02 - Parking Exception - Draft Ordinance Attachments:
2. 22-030 America's Tire Store: Proposal to Construct and Operate an 8,938-square-foot Tire Store on the Southerly Portion of The Home Depot Parking Lot at 1625 Sycamore Avenue, Hercules
Recommendation: Adopt a resolution:
(1) Amending the conditions of approval for Conditional Use Permit #03-02 and Design Review Permit #03-02 for The Home Depot project; and (2) Approving the America's Tire store project, consisting of Conditional Use Permit #21-03, Design Review Permit #21-03, and Tentative Parcel Map #21-01.
Staff Report - Americas Tire - 2021-01-25
Attachment 1 - Resolution - America's Tire - 2021-01-25 Exhibit A - Conditions of Approval - Home Depot
Exhibit A.1 - Home Depot Site Plan
Exhibit A.2 - Home Depot Lot Description
Exhibit B - Conditions of Approval - Americas Tire
Exhibit B.1 - America's Tire Project Plans
Exhibit B.2 - America's Tire Signage Plans
Attachment 2 - America's Tire - 2007 Parking Study
Attachment 3 - Presentation - America's Tire - 2021-01-25 Attachments:
XII. CONSENT CALENDAR
1. 22-028 Minutes
Recommendation: Approve the special meeting minutes of January 4, 2022, the regular meeting minutes of January 11, 2022 and the special meeting minutes of January 18, 2022.
Minutes - 010422 - Special.pdf
Minutes - 011122 - Regular.pdf
Minutes - 011822 - Special.pdf
Attachments:
3 January 25, 2022City Council Meeting Agenda
2. 22-014 Annual Update Regarding the Following Matters:
1) Anti-Nepotism and Anti-Cronyism Ordinance
2) Hercules Ethics Policy
Recommendation: Accept report, provide direction to staff, if any and file the report.
Staff Report - 2022 - nepotism ethics update council staff report 220125.docx Attach 1 - nepotism cronyism Ordinance.pdf
Attach 2 - 13-051-Ethics.pdf
Attachments:
3. 22-034 Emergency Declaration Extension
Recommendation: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to March 2, 2022.
Staff Report - Emergency Declartion to 030222.docx
Attach 1 - Resolution - Emergency Declaration.docx
Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-031 Fiscal Year 2020-21 Annual Comprehensive Financial Report Recommendation: Receive the fiscal year (FY) 20-21 Annual Comprehensive Financial Report (CAFR) and accept the audited financial statements.
Staff Report - FY 20-21 Annual Audit.docx
Attach 1 - 2021_Hercules_ACFR_Commun with Govern at Conclusion Letter.pdf Attach 2 - 2021_Hercules_ACFR_FINAL_012022.pdf
Attach 3 - 2021_Hercules_PFA_FINAL Report.pdf
Attach 4 - 2021_Hercules_Wastewater_FINAL Report.pdf
Attach 5 - 2021_Hercules_Measure B_FINAL Report.pdf
Attach 6 - 2021_Hercules_Measure C_FINAL Report.pdf
Attach 7 - 2021_Hercules_GANN_FINAL Report.pdf
Attach 8 - Annual Audit Presentation_2021 Hercules AU-C260.pptx Attachments:
2. 22-032 Long-Term Financial Projection for the General Fund and Approval of a Resolution Declaring a Fiscal Emergency in the City of Hercules by Unanimous Vote
Recommendation: Receive and discuss the long-term financial projection of the general fund and approve a Resolution unanimously declaring a fiscal emergency in the City of Hercules.
Staff Report - Long Term Financial Projection - General Fund (1).docx Attach 1 - Resolution for Fiscal Emergency Declaration.docx Attach 2 - General Fund Long-Term Financial Forecast.pdf Attachments:
4 January 25, 2022City Council Meeting Agenda
3. 22-033 Consideration of an Updated Library Services Agreement Between the City of Hercules and Contra Costa County
Recommendation: Receive staff report, discuss and consider adopting a Resolution authorizing the City Manager to execute the agreement as described in the staff report.
Staff Report - Library Agreement 220125.doc
Attach 1 - Library RESOLUTION No - 211108 (002) (2).docx Attach 2 - Library Lease Agreement dated 7-1-2007.pdf
Attach 3 - Library Lease and Service Agreement Template_Hercules LCSC 211109.pdf Attach 4 - Library RESOLUTION No - 220125.docx
Attachments:
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, February 8, 2022 at 7:00 p.m. in the Council Chambers.
Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.
Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215. (Posted: January 20, 2022)
THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,
PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
1. SPECIAL ACCOMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8215 at least 48 hours prior to the meeting.
2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments
5 January 25, 2022City Council Meeting Agenda
during the Public Communication period of the meeting.
3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, Hercules Post Office, and on the City’s website (www.ci.hercules.ca.us),
4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.
Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.
In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.
Anyone may also submit written comments at any time before or during the meeting.
5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.
6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.
6 PROCLAMATION
CELEBRATING THE 2022 LUNAR NEW YEAR
IN THE CITY OF HERCULES
WHEREAS, in celebration of the Lunar New Year, the City of Hercules joins many families around the world to welcome the Year of the Tiger. This year the Lunar New Year falls on February 1, 2022; and
WHEREAS, the Lunar New Year is a special holiday which signifies a time for families and friends to carry on the traditions of welcoming and preparing for the new year. As many of these traditions have been passed down from generation to generation, new ones have been created along the way; and
WHEREAS, the Lunar New Year is associated with several myths and customs. Whether celebrations involve sharing a traditional Lunar New Year dinner or attending a Lunar festival, there is always one common theme which is family; and
WHEREAS, this year marks the Year of the Tiger which is third in accordance to the zodiac animal order. Each zodiac animal represents their own unique qualities. According to tradition, the Tiger is a symbol of strength, exorcising evils, and braveness; and
WHEREAS, during this time of joy and renewal, the Lunar New Year celebration is an opportunity to educate and promote the rich cultural heritage of our communities. The City of Hercules recognizes the contributions from our Asian organizations and businesses; and
WHEREAS, the City of Hercules wishes all its residents good health and prosperity as we welcome the new Lunar Year.
NOW, THEREFORE BE IT PROCLAIMED , I, Dion Bailey, Mayor of the City of Hercules, on behalf of the entire City Council, do hereby recognize February 1, 2022 the celebration of the Lunar New Year and encourage all residents to join us in celebrating.
In witness whereof, I hereunto set my hand and cause the seal of the City of Hercules to be affixed this 25th day of January, 2022.
Dion Bailey, Mayor
7 Parking Exception Code Amendment – Staff Report for City Council (January 25, 2022) Page 1 of 3
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Robert Reber, Community Development Director
SUBJECT: Ordinance Amending Title 13, Chapter 32, of the Hercules Municipal Code to Allow for Parking Exceptions
RECOMMENDATION ACTION:
The Planning Commission and City Staff recommend that the City Council adopt an ordinance amending the City of Hercules Municipal Code by adding Section 13 -32.500 to allow parking exceptions for reducing the minimum amount of required parking.
BACKGROUND:
The current provisions of the Municipal Code, Chapter 13-45 (“Minor Exceptions”), allows the Community Development Director to approve up to 10% reductions of the required standards for lot dimensions, setbacks, structure heights, site area, parking, and landscaping. The proposed code amendment would create a parking exception to allow reductions in the amount of required parking on a case-by-case basis greater than the 10% reduction currently allowed.
The proposed ordinance incorporates the approach to parking reductions established for the Waterfront District Master Plan (WDMP) which was adopted in 2008. These parking reductions are spelled out in Chapter 1 of the WDMP under the heading of “ Allowances and Exceptions ,” which enables the Director to encourage efficient new development by approving reductions in the amount of parking based upon documentation that the project does not need the number of parking spaces that would otherwise b e required by the more general citywide zoning standards. The proposed ordinance amendment would allow a similar parking reduction provision citywide.
DISCUSSION
The proposed zoning text amendment would add Section 500 to Chapter 13-32 (Off-Street Parking and Loading Facilities ) to create parking exceptions. Section 13-32.500 would establish the applications requ irements, approval authority, and required findings to approve a parking exception. The text of the proposed zoning text amendment is contained in the draft ordinance included in Attachment 1. The contents of the ordinance are summarized below.
8 Parking Exception Code Amendment – Staff Report for City Council (January 25, 2022) Page 2 of 3 Required Supporting Information
To support an application for a parking exception, applicants must provide information demonstrating that parking shortage problems will not occur. The type of information required to support a n application for a p arking exception a re described in the text of the ordinance and include—but are not limited to—the following:
A parking study showing existing or comparable parking usage. A market profile of existing or anticipated project users documenting below average vehicle ownership rates (for residential development) or below average vehicle trip generation rates (for commercial development).
Documentation of the expected reduction of vehicle trips and/or car ownership rates associated with the project due to the incorporation of t ransportation and parking demand management strategies into the project.
Documentation that the proposed land use will operate exclusively when the existing parking supply within 1,250 feet is adequate to accommodate the parking for the proposed use (e.g., a restaurant or club that operates only during evening hours or a shopping center with shared parking).
Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.
Approval Authority – Parking Exceptions
Parking exceptions would be approved by either the Community Development Director or the decision-making body approving any other related planning entitlements, whichever approval authority is “higher .” For example, a parking reduction related to an application requiring the approval by the Planning Commission would be approved by the Commission. Thus any requested reductions in parking must be considered comprehensively as part of the larger project entitlement applications.
Findings
To approve a parking exception, the approval authority would need to make the findings that the proposed reduction would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
ENVIRONMENTAL DETERMINATION:
Under Public Resources Code Section 21080.25(b)(9), the California Environmental Quality Act (CEQA) does not apply to any activity carried out by a city or county to reduce minimum parking requirements. Since this code amendment would create a process to facilitate reductions in the parking requirements, on a case -by-case basis through out the City, no environmental impact analysis is required.
9 Parking Exception Code Amendment – Staff Report for City Council (January 25, 2022) Page 3 of 3
PLANNING COMMISSION DISCUSSION & RECOMMENDATION
At its January 4, 2022, meeting, the Planning Commission reviewed the proposed ordinance and voted (3–0; two members absent ; Planning Commission Resolution #22 -01) to recommend that the City Council adopt the proposed parking exception ordinance.
ATTACHMENTS
1. Draft Ordinance
10 1
ORDINACE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING THE HERCULES MUNICIPAL CODE BY ADDING SECTION 13-32.500 TO THE MUNICIPAL CODE TO ALLOW MINIMUM PARKING EXCEPTIONS.
WHEREAS, the need for additional flexibility in the pro vision of off-street parking has been identified; and
WHEREAS, the City ’s Waterfront District Master Plan already allows parking reductions within the Waterfront District; and
WHEREAS, these parking reduc tions do not create problems or a dversely affect the public health, safety, or welfare; and
WHEREAS, under Public Resources Code Section 21080.25(b)(9), the California Environmental Quality Act (CEQA) does not apply to actions or projects carried out by a city or county to reduce minimum parking requirem ents, and as such, the adoption of the ordinance is exempt from CEQA; and
WHEREAS, at a properly noticed public hearing on January 4, 2022, the Planning Commission reviewed Zoning Text Amendment #21 -02 (“Parking Exception ” amendment) and considered the st aff report, supporting documents, public testimony, and all appropriate information submitted regarding the amendment t o the Hercules Municipal Code related to parking exceptions, and adopted Resolution #22-01 recommending that the City Council adopt the Parking Exception amendment; and
WHEREAS, Chapter 13-52.400 of City of Hercules Municipal Code allows for amendments of the Zoning Ordinance whenever the City Cou ncil determines that: the proposed amendment is consistent with the General Plan; would not b e detrimental to the health, safety, welfare, and public interest of the City; and is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance; and
WHEREAS, in accordance with Chapter 13 -52 (Zoning Amendments) of the City of Hercules Municipal Code, the City Council received and considered Zoning Text Amendment #2 1-02 at a properly noticed public hearing on January 25, 2022, and did hear and use its independent judgment to consider all reports, recommendations, and testimony before taking any action on this Zoning Text Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby incorporates the above recit als into this Ordinance by this reference.
11 2
SECTION 2. Amendment. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code by adding Section 13-32.500, Parking Exceptions, to read as follows:
“Section 13-32.500 Parking Exceptions.
To encourage new development, increase housing affordability and housing choice, and minimize impervious surfaces and associated water run -off, the city sho uld inco rporate flexibility into minimum parking requirements. These “flex requirements” wil l allow development projects to provide a reduced amount of parking. The city may reduce or completely waive the number of parking spaces required based on quantita tive inf ormation provided by the project applicant that documents the need for fewer parking spaces, as described below.
1. Application Requirements. Applications for a parking exception shall be accompanied by one of the following documents, prepared by a qualified professional, demonstrating that the proposed reduction will not create either on-site or off-site parking issues.
A. A parking study showing existing or comparable parking usage. The scope of the parking study shall be approved by the Community Development Director.
B. A market profile of existing or anticipated project users docu menting below average vehicle ownership rates (for residential development) or below average vehicle trip generation rates (for commercial development).
C. Documentation o f the exp ected reduction of vehicle trips and/or car ownership rates associated with the project due to the incorporation of transportation and parking demand management strategies into the project.
D. Documentation that the proposed land use will operate exclusi vely when the existing parking supply within 1,250 feet is adequate to acco mmodate the parking for the proposed use (e.g., a restaurant or club that operates only during evening hours or a shopping center with shared parking).
E. Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.
2. Approval. A parking exception pursuant to this section shall be approved by the approval authority for the project including the requested parking exception.
3. Required Findings. In approving a parking exception, the approval authority shall make the following finding:
A. That the granting of the parking exception will not be detrimental to the public health, safety or welfare, or materially injurious to prop erties or improvements in the vicinity of the project.”
12 3
SECTION 3. Severability. If any s ection, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.
SECTION 4. Effective Date and Publ ication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the ___day of ______, 2022, and was passed and adopted at a regular meeting of the Hercules City Council on the ___day of ______, 2022, by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
____________________________
Dion Bailey, Mayor
________________________________
Lori Martin, MMC
Administrative Services Director / City Clerk
13 Staff Report for America’s Tire Page 1 of 9
City Council – January 25, 2022
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Members of the City Council
VIA Dante Hall, City Manager
FROM: Robert Reber, AICP, Community Development Director David Hogan, AICP, Principal Planner (M-Group)
SUBJECT: America’s Tire – Conditional Use Permit #21 -01, Design Review Permit #21-02, and Tentative Parcel Map #21-01 to construct and operate an 8,938- square-foot tire store on the southerly portion of the Home Depot parking lot.
LOCATION: 1625 Sycamore Avenue, Hercules CA
APPLICANT: Marvin Marshall, P.E, Kimley-Horn on behalf of America’s Tire
RECOMMENDED ACTION:
The Planning Commission and City Staff recommend that the City Council adopt a resolution:
A. Amending the conditions of approval for the Home Depot project, Conditional Use Permit #03-02 and Design Review Permit #03-02; and
B. Approving the America’s Tire project, comprising Conditional Use Permit #21 -01, Design Review Permit #21-02, and Tentative Parcel Map #21-01, subject to the conditions of approval.
PROJECT BACKGROUND
The initial Home Depot site was approved by the Planning Commission through Resolution #02 - 11 on May 20, 2002, with the City Council upholding the Commission’s decision and conditions in whole through Council Resolution #02-083 on July 9, 2002. The original approval was for a 94,984-square-foot commercial warehouse and 24,301 -square-foot attached garden center on a
12.67-acre site in the Creekside Shopping Center, with 524 parking spaces. Per site plans, the total parking for the entire shopping center was 858 parking spaces for 190,567 square feet of building area in the entire center . The approval included 15 “extra” parking spaces within the shopping center beyond what was required by the Zoning Ordinance.
Since the original approval of the Home Depot property , there have been two additional modifications to the site. The first was the approval of a cellular facility on the northerly portion of the site (including necessary ground-based equipment). The second was in 2015 for a Bloom 14 Staff Report for America’s Tire Page 2 of 9
City Council – January 25, 2022
Box energy system in the parking lot south of the building. These two changes to the original project approval resulted in the loss of five parking spaces.
Since the original project approval, Home Depot has stored materials in the parking lot and drive aisles, resulting in the loss of between 50 and 70 parking spaces (according to various aerial images of the site).
PROJECT DESCRIPTION:
The project consists of two components. The first is the construction of an 8,938 -square-foot America’s Tire store, requiring City approval of applications for a conditional use permit, design review, and tentative parcel map. The second component is a modification to the conditions of approval for the existing Home Depot.
America’s Tire proposes to subdivide the existing 12.62-acres parcel into two parcels. The largest parcel, 11.74 acres, would contain the Home Depot store and related parking. The smaller parcel located on the southern portion of the site near the Sycamore Drive access would be for the proposed America’s Tire store. Within the new 0.98-acre (40,393 square feet) parcel, an 8,938- square-foot America’s Tire store would be constructed, including a 1,900-square-foot mezzanine to be used primarily for tire storage. The project is located in an existing shopping center . The proposed project will replace the existing parking lot and parking lot landscaping.
The existing Home Depot project was approved with a requirement to provide a certain amount of parking. The proposed modifications to the conditions of approval would approve a parking exception to justify a reduction in the amount of required parking, identify what portions of the parking lot may be used for non-parking purposes, and clarify how the currently authorized special sale events would be approved. The approval of both projects will require the approval of a Parking Exception for Home Depot as provided for in the separate but concurrent proposal to modify the Zoning Ordinance to allow reductions in minimum required parking on a case- by-case basis (Zoning Text Amendment #21-02).
DESIGN CONSIDERATIONS
Site Design
The project is located southwest of Home Depot in the Creekside Center. The proposed building would be mos t directly accessed from the site entrance nearest Refugio Valley Park and would back up to Sycamore Avenue along the southern portion of site . The customer entrance s and service bays of the proposed tire shop would face north towards the main access drive from Sycamore Avenue, which is consistent with the configuration of all of the existing buildings in the shopping center that face inwards towards the parking lot. A new Americans with Disabilities Act (ADA)-compliant path of travel will connect the customer lobby with the existing ADA path near the western parking aisle drive.
Building Design
The rectangular building will be 117 feet wide and 60 feet in depth and contain five service bays along with a customer waiting area. The height of the building is 26 feet. Roof mounted equipment would be concealed in equipment wells behind the roof parapet. The building will be constructed 15 Staff Report for America’s Tire Page 3 of 9
City Council – January 25, 2022
with split face block on the lower portion of each elevation and will have concrete plaster on t he upper portion of each elevation. Accent trellises and tile roof section s will also b e provided to provide additional visual interest. Vines will be planted along the southern elevation (visible from Sycamore Avenue) to further break up the mass of the b uilding. The project complies with the development standards for the Community Commercial zone.
Parking
The proposed project will provide 33 parking spaces along the west, north , and east sides of the building. The provisions of Chapter 13 -32 would require 40 parking spaces (8,938 SF ÷ 4 -5 per 1,000 SF). This potential deficiency in parking is addressed through the center-wide shared parking agreement. The Citywide parking utilization study prepared in 2007 (see Attachment 2) indicated that the center provides substantially more parking than is actually needed. With the approval of the proposed parking exception, the project will comply with the City’s parking requirements. The parking exception is discussed later in this staff report.
Landscaping
Project landscaping will be concentrated in two areas. The first will be in an expanded landscaped median along the main drive aisle, which would replace three parking row end landscape medians.
The second planting area i s along the western end of the proj ect between the property boundary and the parking lot. The perimeter landscaping along Sycamore Avenue is not being altered by the project.
Project construction will remove eighteen existing trees from the parking area, including four (4) Strawberry Trees (Arbustus Marina), ten (10) White Oleander ( Nerium Oleander), and four (4) Sawtooth Zelkova (Zelkova Serrata) trees from the parking aisle end medians and tree wells. There are only a limited number of shrubs and groundcover in these areas.
The project will replace these removed trees with 12 Strawberry Trees, two White Oleander, and four Sawtooth Zelkova. The proposed shrubs include African Lily, Fortnight Lily, Skyrocket Juniper, and Pink Lady Indian Hawthorn , similar to the composition of the existing landscaping along the northside of the main drive aisle. Within the retention basins Occidental Blue Rush, Giant Wild Rye, California Fescue, and Deer Grass will be planted.
All of the replacement trees are moderate -water use varieties. The proposed shrubs and bio- retention species are all low-water use varieties. The project will be conditioned to comply with the requirements of the City’s water efficient irrigation ordinance.
Signage
The project proposes one free -standing monument sign o n the center access drive (away from Sycamore Avenue) and three wall -mounted signs. The monument sign will be 8 feet wide and 6 feet high and will have a sign area of about 32 square feet. The actual lettering sign will be about 12 square feet. The building-mounted signs will be on the west, north, and south sides rang ing in size from 10.37 to 12.84 square feet. The copy on each of sign will say : “AMERICA’S TIRE”.
The project will not have signage on the existing shopping center monument signs. The signage complies with the provisions of Municipal Code Chapter 13-34. 16 Staff Report for America’s Tire Page 4 of 9
City Council – January 25, 2022
PARKING EXCEPTION
The approval of the America’s Tire store will require a modification to the approved parking plan for Home Depot. The approved Creekside Center has a total of 834 parking spaces, 516 of which are on the Home Deport portion of the shopping center. Parking is shared across the entire center.
The 2007 Carl Walker parking assessment (see Attachment 2) indicated that the Creekside Center had a surplus of 464 “extra” parking spaces, as indicated below:
Total Parking Supply 834
Effective Parking Supply (90% of Total) 751
Utilized Parking Spaces 287
“Extra “ Parking Spaces 464
Since the Home Depot project was approved, Home Depot has converted over 50 parking spaces to non-parking purposes, in addition to the five parking spaces converted for the city -approved “Bloom Energy” fuel cell. A calculation of the current available parking for both the Home Depot site and the entirety of Creekside Center is provided below. Home Depot’s share of the parking is included in the total for the center.
Home Depot
Area
Total
Creekside
Center
Number of Original Parking Spaces 516 834
Less The location of the Bloom Box 5 5
Number of Approved Parking Spaces 511 829
Less Seasonal Sale Area 31 31
Less the Shed Display Area 11 11
Less the Load-N-Go spaces 2 2
Less the Trailer Display Area 14 14
Currently Available Parking Spaces 453 771
In 2007, the parking utilization was observed to be 38.2% of the Effective Parking Supply. To calculate the current parking utilization, staff has used a 50% utilization factor (to the Effective Parking Supply) to cover any changes in parking utilization that may have occurred since 2007 .
Based upon the increased utilization factor , the Creekside Center has 376 (375.5 rounded up) “extra” parking spaces.
The America’s Tire project would result in the conversion of an additional 62 parking spaces to a non-parking purpose. Thus, Home Depot would have 391 spaces on its portion of the center for a total of 709 spaces for the entire Creekside Center. This would reduce the number of ”extra” parking spaces for Creekside Center to 314 (376 minus 62).
The proposed Parking Exception would permit the approval of the America’s Tire project an d formalize the current use of Home Depot’s parking field. The previous parking analysis demonstrated that the Creekside Center has “extra” parking spaces. Based upon staff’s analysis, the approval of the America’s Tire project would not eliminate all of these “extra” parking spaces.
As a result, Planning Commission recommends that t he City Council approve the Parking 17 Staff Report for America’s Tire Page 5 of 9
City Council – January 25, 2022
Exception for Home Depot and approve the prop osed America’s Tire project. Since the project requires a Parking Exception, t his project approval will not actually be valid until after the ordinance amending the municipal code goes into effect (30 days after the second reading).
ENVIRONMENTAL REVIEW
All discretionary “projects” have a potential to affect the environment and may therefore be subject to the California Environmental Quality Act (CEQA). In reviewing the CEQA Guidelines, staff has determined that the proposed project components as described herein are “Categorical Exempt” under CEQA.
Tentative Parcel Map
CEQA Guidelines Section 15315 – Minor Land Division , states that “Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.”
The proposed subdivision consists of two parcels in an urbanized area that is in conformance with the General Plan. The site is generally level and was last subdivided in 2002.
Building Construction and Site Improvements
CEQA Guidelines Section 15303 – New Construction or Conversion of Small Structures , states that “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facil ities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:… (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and ... In urbanized areas, the exemption also app lies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.”
The project is a new retail establishment that is less than 10,000 square feet in size, is located in an area zoned for the use, does not use significant amounts of hazardous substances, and is not sited in an environmentally sensitive location.
Based on this environmental determination, appropriate language has been added to the draft Resolution indicating that the two project components are Categorically Exempt under CEQA.
Home Depot Condition of Approval Modifications
The changes to the conditions of approval relate to either the operation of the existing Home Depot or relate to a reduction in the amount of parking required by the American’s Tire project. The 18 Staff Report for America’s Tire Page 6 of 9
City Council – January 25, 2022
amount of parking is no longer considered to be an environmental impact under CEQA and are exempt pursuant to Public Resources Code Section 21080.25(b)(9).
REQUIRED FINDINGS
Conditional Use Permit
Prior to recommending the approval of a conditional use permit, the City Council shall make the following findings supported with facts:
Finding 1 – General Plan Consistency: That the proposed use is consistent with the General Plan.
Facts: The approval of the conditional use permit for the retail use is consistent with the Community Commercial land use category for the site and the application goals and policies. The Community Commercial land use category is intended to accommodate commercial development, including retail, office, and service uses that would serve residents and employees within the City.
The proposed America’s Tire store is consistent with this land use description.
Finding 2 – Zoning Conformity : That the proposed location of the use conforms with the purposes of the Zoning Ordinance and the purposes of the district in which the site is located, and will comply with the applicable provisions of the Zoning Ordinance.
Facts: The project site is zoned Community Commercial. The proposed use requires the approval of a conditional use permit pursuant to the provisions of Chapter 13-50 of the Hercules Municipal Code. The project complies with all of the development standards applicable to the Community Commercial Zone. While the project itself only provides 33 of the 40 required parking spaces, the project is part of a larger shopping center with shared parking. The parking ratio for a shopping center with 200,000 square feet of gross floor area is 4.5 spaces per 1,000 square feet. However, it the project were freestanding (not part of a shopping center) the parking ratio would only be 2.5 spaces per 1,000 square feet. In addition, as found in the 2007 analysis of citywide parking, the Creekside Center has more than enough parking to meet projected demand even with the reduced amount of off-street parking.
Finding 3 – Appropriate Design and Location : That the location, size, design and operating characteristics of the proposed use will be compatible in design, scale, coverage and density with existing and anticipated adjacent uses.
Facts: The addition of a commercial land use in a shopping center is an appropriate location and the design and scale of the building is consistent with the rest of the center. The building is oriented so that the front of the building faces the central sh ared parking fields like the other buildings in the center. The proposed project is adjacent to Home Depot and is consistent with the existing and anticipated commercial land uses.
Finding 4 – Adequate Access and Utilities: There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses.
Facts: The proposed use is located in an existing developed commercial shopping center with adequate access, parking and utilities, and is surrounded by other commercial uses.
19 Staff Report for America’s Tire Page 7 of 9
City Council – January 25, 2022
Finding 5 – No Environmental Impacts : There are no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored.
Facts: The proposed use is located in a developed commercial center and will have no significant adverse environmental impacts that could not be feasibly mitigated and monitored. The business involves the sales and servicing of tires and wheels. The proposed use does not perform oil changes or conduct other mechanical repairs and thus would not have substantial amou nts of hazardous chemicals on site . Replaced tires are removed from the site every week to reduce any ongoing hazards. In addition, t he proposed business has been determined to be Cat egorically Exempt according to the California Environmental Quality Act (CEQA), Section 1530 3, “ New Construction or Conversion of Small Structures,” which is a Class 3 Exemption consisting:
“of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:… (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and ... In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if no t involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.”
The appropriate language has been added to the draft resolution to incorporate this CEQA determination.
Design Review Permit
Prior to recommending approval of a design review permit, the City Council shall make the following findings supported with facts:
Finding 1 – Zoning and General Plan: The approval of the design review plan complies with all the pertinent provisions of the Zoning Ordinance and applicable zoning and land use regulations, including but not limited to the Hercules General Plan as amended.
Facts: The project is a retail -commercial use t hat is consistent with the General Plan and its implementing Zoning Ordinance. Site with General Plan Land Use d esignations and zoned for Community Commercial use are intended to accommodate commercial development including retail, office, and service use that serve residents and employees within the City. The proposed use requires the approval of a conditional use permit pursuant to the provisions of Chapter 13 -50 of the Hercules Municipal Code. The project is part of a larger shopping center with shared parking.
According to the 2007 analysis of citywide parking, Creekside Center has more than enough parking to meet projected demand even with the reduced amount of off-street parking.
Finding 2 – Public Health, Safety and General Welfare: The approval of the design review plan is in the best interests of the public health, safety, and general welfare.
Facts: The project is in the best interest of the public health, safety , and general welfare since it will provide an automotive-related business that is otherwise not available within Hercules but is needed in the community to help reduce the lengths of vehicle trips for tire-related services. 20 Staff Report for America’s Tire Page 8 of 9
City Council – January 25, 2022
Finding 3 – Site characteristics provide desirable development environment : General site considerations, includi ng site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.
Facts: The project is located within an existing developed commercial shopping center with adequate access, parking, and utilities. The project is consistent with adopted development standards that ensure that the project, as designed, will create a desirable environment.
Finding 4 – Architecture compatibility : General architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing, and similar elements have been incorporated in order to insure the compatibility of this development with its design concept and the character of adjacent buildings.
Facts: The design of the building is appropriate for the proposed use and has four -sided architecture where each elevation contains appropriate design elements. The building involves materials and colors that are either found in the shopping center or that are compatible with the other structures. Roof-mounted mechanical equipment will be sc reened by the proposed parapet walls.
Finding 5 – Landscape: General landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a 5 -year growth period, provision for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to insure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyme nt of the public. The project is leaving the existing street landscaping in place and is providing appropriate landscaping on the project site that is consistent with the existing landscape materials adjacent to the site.
Facts: The project will increase the net amount landscaping on the project site by approximately 700 square feet. The replacement plant s outside the bio -retention areas are similar to the plant materials found elsewhere in the center. The landscaping along the edge of Sycamore Avenue is not being altered.
Parking Exception
Prior to recommending approval of a parking exception for Home Depot, the City Council shall make the following finding supported with facts:
Finding 1 – Avoidance of Parking Problems: That the granting of the parking exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the project.
Facts: The 2007 assessment of parking citywide prepared by Carl Wal ker, Inc (Attachment 2) indicated that the Creekside Center had abundant available parking. The Creekside Center was labelled “Zone 8” in the parking assessment. Based upon th e survey and analysis and u sing a conservative factor of 90% of the provide parking spaces (834 – 83 = 751), at peak periods, there were over 464 unoccupied “extra” parking spaces at Creekside Center. Using a more conservative 21 Staff Report for America’s Tire Page 9 of 9
City Council – January 25, 2022
utilization factor, the reduction in the amount of parking would still retain over 300 “extra” parking spaces from the Home Depot side of the Center and would avoid any parking problem.
PLANNING COMMISSION DISCUSSION
These applications were considered by the Planning Commission at its January 4, 2022, meeting.
Following presentations by the staff and the applicant, and questions from the Commissioners, one member of the public addressed the Planning Commission. The commenter was opposed to the project because of land use compatibility, noise, and fire concerns. Following the public hearing, Commissioner Morrison made a motion, seconded by Commissioner Schaufenbil, to recommend that the City Council approve the entitlement applications subject to the conditions of approval, with the modification of Condition of Approval 49 to restrict storage of tires outside the building.
The Planning Commission voted 3 in favor , none opposed, with Commissioners Galieva and Sacramento absent to recommend approval of the projects.
ATTACHMENTS
1. City Council Resolution
Exhibit A – Modified Conditions of Approval, Home Depot o Exhibit A.1 – Home Depot Site Plan
o Exhibit A.2 – Home Depot Lot Description
Exhibit B – Conditions of Approval, America’s Tire
o Exhibit B.1 – America’s Tire Project Plans
o Exhibit B.2 – America’s Tire Signage Plans
2. Carl Walker, Inc Parking Utilization Study
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RESOLUTION NO. 22-___
A RESOLUTION OF THE CITY COUNCIL APPROVING CONDITIONAL USE PERMIT #21 -01, DESIGN REVIEW PERMIT #21 -01, AND TENTATIVE PARCEL MAP #21 -01 TO CONSTRUCT AND OPERATE A N 8,938-SQUARE-FOOT AMERICA’S TIRE STOR E AND APPROV ING MODIFICATIONS TO THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #02 -03 AND DESIGN REVIEW PERMIT #02 -03 FOR THE HOME DEPOT STORE , BOTH LOCATED IN THE CREEKSIDE CENTER AT 1675 SYCAMORE AVENUE (APN 406- 140-017)
WHEREAS, on May 20, 2002, the P lanning Commission approved Conditional Use Permit N o. #02-03 and Design Review Permit No. #02-03 to construct a Home Depot store consisting of a 94,984-square-foot commercial warehouse, a 24,301-square-foot attached garden center, and 524 parking spaces as part of the Creekside Shopping Center; and
WHEREAS, on July 2, 2002 , the City Council uph eld the appeal of the Planning Commission’s approval of the Home Depot project; and
WHEREAS, in 2006, the Planning Commission approved Design Review Permit #05-09 and Conditional Use Permi t #05-01 to allow installation and operation of a Cingular Wireless telecommunications facility consisting of three panel antennas on an existing 55-foot PG&E power pole and associated equipment cabinets within a 250-square-foot enclosure on the north side of the Home Depot parking lot; and
WHEREAS, on June 15, 2015 , the Plan ning Commission approve d Design Revie w Permit #15 -01 to install a n alternative energy fu el cell in the parking lot south of the Home Depot garden center; and
WHEREAS, during the cour se of its daily operations , Home Depot has occupied a number of parking spaces with product displays and storage for extended periods; and
WHEREAS, on May 2 1, 2021 , the City’s Community Development Depart ment received applications for a Conditional Use Pe rmit #21-01, Design Review Permit #21-02, and Tentative Parcel Map #21-01 for an America’s Tire store; and
WHEREAS, on August 2 4, 2021, City staff determined that the approval of the America’s Tire applications would require modifi cations to the conditions of approval for Home Depot; and
WHEREAS, On August 27, 2021, Ci ty staff notified the applicant that a zoning code amendment would be required to allow for reductions in the amount of required parking greater than ten percent; and
WHEREAS, on September 17, 2021, City staff deemed the applications complete for processing; and
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WHEREAS, on January 4 , 202 2, at a properly noticed public hearing , the Plan ning Commission reviewed the project applications and considered the staff report , s upporting documents, public testimony, and all appropriate information submitted regarding the project, and voted 3-0, with two commiss ioners absent, to recommend that the City Council approve the America’s Tire project along with modifications to the conditions of approval fo r Home Depot ; and
WHEREAS, on January 25, 2022, at a properly noticed public hearing , the City Council reviewed the project app lications and considered the staff report, the Planning Commission ’s recommendation, supporting documents, public testimony, and all appropriate information submitted regarding the project.
NOW, THEREFORE, BE IT RE SOLVED, by the City Council of the City o f Hercules, that:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The City Council finds as follows:
a. That the project is consistent the adopted General Plan.
b. That the modification of the conditions of approval for Home Depot, with approval of a parking exception, is consistent with the provisions of the Hercules Municipal Code.
c. That th e approval of a parking exception will not be detrimental to the public health, safety, or welfare, or materially in jurious to pr operties or improvements in the vicinity of the project.
d. That the America’s Tire project is consistent with the provisions of the Hercules Municipal Code.
e. That the proposed project will not be detrimental to the health, safety, welfare, and public interest of the City.
f. That the modifications to the conditions of approval for the Home Depot project involves a reduction in the a mount of parking and i s not subject to CEQA p ursuant to Public Resources Code Section 21080.25(b)(9).
g. That the appr oval of a ten tative parcel map qualifies for a Class 15 Categorical Exemption pursuant to CEQA Guidelines Section 15315 for Minor Land Divisions.
h. That the approval of a building and site improvements qualifies for a Class 3 Categorical Exemption pursuant to CEQA Guid elines Section 153 03(c) for New Construction or Conversion of Small Structures.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the C ity Council of the City of Hercules does hereby:
1. Approve modifications to the conditions of approval for the Home Depot project, Conditional Use P ermit #02-03 and Design Review Permit # 02-03, substantially in the form contained in Exhibit A.
2. Approve the America’s Tire project, Conditional Use Permit #21-01, Design Review Permit #21-02, and Tentative Parcel Map #21-01, subject to the conditions of approval , and substantially in the form, contained in Exhibit B . This approval will take effect contingent up on and concurrent with the adoption and effective date of Zoning Text Amendment #21-02 (the parking exception zoning amendment).
The foregoing Resolu tion was duly and re gularly adopted at a regular m eeting of the City Council of the City of Hercules held on the 25th day of January 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
_______________________________________
Lori Martin, Administrative Services Director &
City Clerk
Exhibit A: Exhibit A – Modified Conditions of Approval, Home Depot Exhibit A.1 – Home Depot Site Plan
Exhibit A.2 – Home Depot Lot Description
Exhibit B: Conditions of Approval, America’s Tire
Exhibit B.1 – America’s Tire Project Plans
Exhibit B.2 – America’s Tire Signage Plans
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CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 02-03
DESIGN REVIEW PERMIT NO. 02-03
(As amended 1/25/2022)
THE HOME DEPOT PROJECT
The departments and divisions listed below have primary responsibility for implementing listed conditions of approval.
LEGEND: B = Building CA = City Attorney F = Fire District PD = Police Dept. PL = Planning PW = Public Works
Special Conditions
A. Environmental Mitigation Measures and Mitigation Monitoring Program
The following environmental mitigation measu res contained in the Environmental Checklist Form (Initial Study) and related monitoring program are adopted as conditions of project approval.
1. Conduct a geotechnical engineering investigation to determine the degree of hazard and the appropriate approach to reducing the hazard to an acceptable level of risk as determined by the geotechnical engineer and approved by the City Engineer. As settlement can result in severe damage to foundations and structures, and even their collapse, a detailed evaluation of the conditions causing settlement shall be conducted by a registered geologist or engineering geologist. The geologist shall provide specific recommendations about ways to reduce settlement to within acceptable levels through site treatment or th rough foundation design. (PW/B)
Monitoring: Report, with recommended measures, is subject to review and approval by the City Engineer prior to issuance of the first building permit for the project.
2. If necessary, install sandbags or other erosion control measures along the periphery of the project site, if construction occurs during the rainy season, to prevent silt runoff. (PW/B) Monitoring: The City Engineer and Building Division are responsible for implementation of this condition if construction occurs during the rainy season.
3. Applicant shall prepare a Storm Water Pollution Prevention Plan to control erosion during construction. Plan shall be consistent with Contra Costa County’s non -point source National Pollution Discharge Elimination System (NPDES) program. (PW/B) Monitoring: Plan is subject to review and approval by the City Engineer prior to any earthmoving activities taking place on the site. Implementation of the plan in the field is to be monitored by the City Engineer and Building Division.
4. To minimize pollution downstream from sedimentation, the applicant shall install sedimentation and grease basins in the storm drain system in parking lots in accordance 26 2
with NPDES regulations and shall require that the property owner maintains the basin s annually, or as required by NPDES regulations. (PW/B)
Monitoring: Plan is subject to review and approval by the City Engineer and Building Division. Implementation of the plan in the field is to be monitored by the City Engineer.
5. The following measure s to reduce dust emissions shall be included in all construction contracts/specifications associated with the project:
A. Water all active construction areas as needed and more often during windy periods.
B. Cover all hauling trucks or maintain two feet of freeboard.
C. Pave, apply water as needed or apply (non-toxic) soil stabilizers on all unpaved roads, parking and staging areas.
D. Keep all on -site and adjacent paved roadways and parking areas clean from construction dust using water and brush sweepers as needed d uring site grading and preparation.
E. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously disturbed areas that are inactive for more than tendays).
F. Enclose, cover, water as needed, or apply non -toxic soil binders to all e xposed stockpiles.
G. Limit traffic speeds on unpaved portions of the site to no more than 15 miles per hour.
H. Replant vegetation in disturbed areas upon completion of work.
I. Install tire grates at construction site exits to avoid tracking mud off of the site. (PW/B) Monitoring: The Building Division shall assure that these measures are included in all construction contracts/specifications and are implemented in the field.
6. The following measures to reduce noise levels shall be implemented:
A. Limit weekday construction to between the hours of 7:00 am and 7:00 pm with no noise generating construction activities on weekends and holidays. The Arbors Senior Housing development shall be notified of the construction times for the Home Depot project.
B. Equip all internal combustion engine driven equipment with mufflers which are in good condition and appropriate for the equipment.
C. Utilize quiet air compressors and other stationary noise sources where technology exists.
D. Locate stationary noise generating equipment as far a s possible from sensitive receptors.
E. Testing of noise producing mechanical rental equipment shall occur on the west or south sides of the building in order to reduce noise levels at the sensitive receptors.
F. Prior to installation, the acoustical consultant shall review all roof mounted mechanical equipment to assure that such equipment complies with City Noise Element standards.
G. Home Depot shall provide the senior housing complex with the name and telephone number of a specific Home Depot employee who can ad dress noise issues that may arise. (B/PL)
Monitoring: The Building Division shall assure that measures A, B, C,and D are implemented. The Planning Division shall assure that measures E, F, and G are implemented.
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7. The following paleontological mitigation measures shall be implemented:
A. The project developer shall retain a qualified project paleontologist and paleontological monitor(s)to conduct monitoring during earthmoving activities. The project paleontologist must supervise the monitor(s) in the field and bear the responsibility of evaluation of fossil finds. (A time and cost saving strategy would be to hire a project paleontologist qualified to simultaneously monitor and evaluate any exposed fossil materials.)
B. Full-time monitoring shall be conducted during earthmoving activities within high - sensitivity geologic units as determined by the paleontologist. Monitoring is not required for earthwork conducted in geologic units that have been evaluated by a qualified paleontologist and determined to be of low sensitivity.
C. The project paleontologist shall attend the pre-grading meeting to discuss monitoring, collecting, and safety procedures for the project.
D. The project paleontologist and paleontological monitor(s) shall have the authority to temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. “Temporary” shall be two working days for the evaluation process.
E. During monitoring and salvage, any scientifically significant speci mens shall be properly collected after evaluation by, and under the supervision of, the project paleontologist. During collecting activities, contextual stratigraphic data shall also be collected. The data will include lithologic descriptions, photograph s, measured stratigraphic sections, and field notes.
F. Scientifically significant specimens shall be prepared to the point of identification (not exhibition), stabilized, identified, and offered for curation to a suitable repository that has a retrievable st orage system, such as the University of California, Berkeley, Museum of Paleontology.
G. The project paleontologist shall prepare a final report at the end of the earthmoving activities; the report shall include an itemized inventory of recovered fossils and appropriate stratigraphic and locality data. The project paleontologist shall send one copy of the report to the City of Hercules; another copy should accompany any fossils, along with field logs and photographs, to the designated repository. (PL) Monitoring: Monitoring will take place before, during, and after construction to assure project compliance with this mitigation measure. The Community Development Director shall assure that qualified personnel are retained to implement the mitigation measure, significant specimens are properly cared for, and the final report is produced. Field investigations shall be monitored by the City Engineer and Building Division.
B. Other Special Conditions
Design Elements
1. Final colors, materials, and textures of the building are subject to approval by the Planning Commission. (PL)
2. All utility meters, transformers, irrigation control boxes, valves, and similar devices shall be painted out and landscaped in a manner which reflects the building design. (PL)
3. Submit cons truction details of the following elements for review and approval by the Community Development Director:
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A. Design of all columns, including base, trim, cornices, materials.
B. Design of the “heavy timber columns and trellis” for garden center area.
C. Design and details of the “wood rafters” under the tower elements.
D. Design and color of the “wall mounted light fixture” and the “metal hood” shown on page 12.
E. Design of the “trash chute” on the south elevation. Clarify, in writing, the operation of the chute.
F. Design, appearance, color, and exterior materials of the “compactor” on Sheet 9. (PL)
Sign Program
4. Final Master Sign Program, including size, location, materials, lighting, and colors, is subject to approval by the Community Development Director. (PL)
5. Signs shall be placed within the shopping center to direct delivery trucks to the loading dock areas. (PL)
Parking Lot
6. Home Depot shall maintain at least 391 parking spaces for vehicular parking purposes .
The storage of materials in the parking lot is limited to 58 parking spaces.is not allowed in the parking lot. This prohibition includes materials in trucks and storage containers. These materials shall not be located in a location that would block fire lanes or exit doors . (Modified by City Council 1/25/2022) (PL)
7. Four seasonal sales events are allowed per year in the front parking area. The specific location and the duration of each event are subject to the approval of the Community Development Director. Home Depot shall provide the Community Development Director with a plan and schedule of these events. The schedule can be done on a quarterly or annual basis. (Modified by City Council 1/25/2022) (PL)
Landscaping
8. The final landscape plan and irrigation plan shall be submitted to the Community Development Director for review and approval. The final landscape plan shall indicate the type, location, and size of all plants, trees, shrubs, and groundcover materials. (PL)
9. Prior to issuance of a Certificate of Occupancy, the project landscape architect shall verify in writing that the landscaping has been installed in accordance with the approved final landscape plan with respect to size, number, and species of plants. There shall be a one (1) year growing period in which all landscape materia ls shall be maintained in a thriving manner. A landscape bond shall be submitted to the Public Works Division which will insure that the replacement cost of the landscaping plant materials can be replaced. (PL)
10. Subject to the approval of the Community Development Director, plants such as vines shall be placed on the trellises between the front doors. (PL)
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11. A split rail fence shall be incorporated into the landscape plans on the north side of the building near the nine proposed pine trees. Fence plans are subject to approval by the Community Development Director. (PL)
12. In the front of the building, install enhanced, raised planters between the glass storefronts.
Planters shall contain colorful shrubs, groundcover, and creeping vines to grow upwards along the building over the trellis. (PL)
13. Introduce colorful bedding plant materials, including groundcover, in parking lot landscape plans. (PL)
14. The landscape materials on both sides of the enhanced pedestrian pathways in the parking lot shall be turf or groundcover only. (PD)
Shopping Carts
15. Discarded carts within the shopping center shall be retrieved on a regular basis. (PL)
16. Install concrete curbs or bollards to prevent shopping carts from entering the creek. (PL)
17. Remove any shopping carts from the creek area within 24 hours after being discovered.
18. The creek is to be regularly patrolled to insure that no shopping carts are discarded into the creek.(PW)
Police
19. Subject to the approval of the Police Department, a video surveillance camera shall b e installed and maintained on the north side of the building. (PD)
20. The Police Department shall have access to the rear of the property. No gates are allowed between the rear of the building and the retaining wall. (PD)
21. The Police Department shall have authority to enforce all parking code violations. (PD)
Other
22. There shall be no disturbances to the existing environment within the Refugio Creek corridor. (PW/B)
23. Project site lot lines shall be adjusted such that the Home Depot project, including parking, is on one parcel. This lot line adjustment shall be completed and recorded prior to the issuance of a Certificate of Occupancy. (PL)
24. All outdoor refuse containers shall be screened in a manner acceptable to the Community Development Director. (PL)
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25. Pallet storage is allowed only in the rear of the building. Pallets shall not be visible from public access areas. (PL)
26. Loading docks shall not be used between the hours of 10:00 pm and 6 :00 am. (PL)
27. Submit structural calculations for the retaining wall to the City Engineer for review and approval. (PW)
Community Development and Public Services Standard Conditions
1. The permit is granted for the property described in the application materials, and shall not be transferable to other parcels. (PL)
2. This permit shall become null and void within 12 months from the date of issuance, unless the Community Development Director determines that the proposed development or use has been diligently pursued. The Community Development Director may determine that lack of progress in implementing the project due to redevelopment issues and legal challenges should not be included within the 12-month timeframe. (PL)
3. All conditions of this permit, including improvements such as building, paving, and landscape construction/installation, shall be completed prior to occupancy except as may be permitted by the Community Development Director in consultation with other affected departments and except as implied by the operational nature of the conditions. In the event early occupancy is permitted, developer shall provide security or agreements to assure full completion of the project. (PW)
4. The development or use by the applicant/grantee of any activity or structure authorized by this permit shall constitute acceptance of all of the conditions and obligations imposed by the City on this permit. The applicant/grantee by said acceptance waives any challenges as to the validity of these conditions. (CA)
5. Developer/applicant agrees as a condition of approval to indemni fy the City, its agents, officers and employees and to defend at developer’s own expense against and from any claim, action or proceeding brought within the time period provided for in Section 66499.37 of the Government Code to attack, set aside, void or annul the approval of this resolution. City shall promptly notify developer of such claim, action or proceeding of which City receives notice, and City will fully cooperate with developer in the defense therefor. Developer/applicant shall reimburse the Ci ty for any court costs and attorney’s fees which the City may be required to pay as a result of any such action. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve the developer of the obligations of this condition. (CA)
6. A building permit shall be secured for any new construction or modification to structures. (PL/B)
7. The developer/applicant shall paint all exterior surfaces of buildings, walls, and fences with graffiti resistant paint wherever possible. (PL)
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8. The developer/applicant shall maintain the site free of graffiti. (PL)
9. Graffiti applied to any surface of the subject property shall be removed within twenty-four (24) hours of the developer/applicant being notified by the City. The City may remove the graffiti if the developer/applicant fails to remove the graffiti within 24hours; the developer/applicant shall reimburse the City for the graffiti-removal work. (PL)
10. Prior to construction of any perman ent fencing, the project sponsor shall secure approval by the City of a plan for fencing. (PL)
11. All vents, gutters, downspouts, flashings, conduits, etc. that are visible from outside the building shall be painted the color of the adjacent surface. (PL)
12. Gutters shall be installed at the lower edge of all sloping roofs. Rainfall carried in such gutters shall be carried in downspouts to sub-grade storm drains. (PL/B)
13. Plans submitted for design review approval shall be considered final design drawings. Any changes to the exterior shall be subject to approval of the Planning Commission except minor changes may be approved by staff. (PW/PL/PD)
14. A freestanding wooden sign shall be installed which displays a perspective of the Home Depot building. The heigh t, location and dimensions of the sign shall be reviewed and approved by the Community Development Director.
Public Works Standard Conditions
1. All public and private site utilities, site improvements and grading shall be reviewed and approved by the City Engineering staff. (PW)
2. Developer is liable to pay all fees per City resolutions unless developer has been exempted from such payment. (PW)
3. Developer shall pave all parking lots in accordance with the Geotechnical Engineer’s recommendations based on the traffic index provided by the Traffic Engineer. Pavement sections shall be approved by the City Engineer. (PW)
4. Developer shall submit a grading plan prepared by a registered civi l engineer which incorporates all recommendations from soil engineering and engineering geology reports into the grading plan. The grading plan shall be reviewed and approved by Public Works prior to issuance of the building permit. Building pad elevation and landscaping mounds, if any, shall be shown on the grading plan. (PW)
5. The developer shall submit adequate drainage calculations and hydraulic design to insure that upstream areas, downstream areas, and site will drain to a safe point of discharge. (PW)
6. Developer shall protect building pads from a 100-year storm. (PW)
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7. A pre -construction conference shall be held at least 48 hours prior to proposed construction. (PW)
8. Developer shall remove and replace all improvements damaged during construction adjacent to the project site as directed by the Public Works Inspector. (PW)
9. Developer shall make arrangements with Public Works Inspector to inspect and test any existing sewer and water service laterals to be used, prior to connection, and shall make necessary repairs as determined by the Inspector. (PW)
10. Curb cut widths an d design shall conform to the City Code and current Public Works standards. (PW)
11. Developer shall submit an on-site sewer plan (profile not required except when conflicting with other utility lines)where existing lateral is larger than four inches in diameter. (PW)
12. Developer shall submit on -site water plans where a separate loop or terminal line is required for fire hydrants and/or sprinkler systems. All improvement plans, construction cost estimates, soil reports, geology reports and all pertinent engineering design calculations shall be submitted simultaneously. (PW)
13. On-site and off -site utility service shall be installed underground in accordance with the City Code. Utilities shall be undergrounded to the nearest suitable riser pole as determined by the appropriate utility company. Developer shall post a bond, or other surety approved by the City, guaranteeing the undergrounding. (PW)
14. Construction drawings shall be submitted for review and approval by the Engineering staff and shall include the following:
A. Site grading, drainage, utility and improvement plans B. Hydrology and hydraulic calculations for the site. (PW)
15. Prior to construction, the Engineering Division shall approve permits for the following:
A. Grading
B. Encroachment
C. Industrial waste discharge
D. Sewer connection (PW)
Standard Landscaping Conditions
1. Two copies of landscape and irrigation plans, as approved by the City, along with the appropriate permit application and fees, (as required),shall be submitted to the Building Division for plan check and processing prior to issuance of a permit. (B)
2. Landscaping and irrigation shall be installed per plans ,as approved by the City, prior to issuance of a Certificate of Occupancy. (PL)
3. Landscape planting shall be maintained in a flourishing manner and all irrigation systems shall be continuously maintained as required by City Code and as specified by the Planning 33 9
Division. Failure to do so may result in the revocation of this permit or the initiation of legal action. (PL)
4. The landscape contractor shall provide a watering schedule to the building owner or manager prior to issuance of a Certificate of Occupancy. A copy of this schedule shall be provided to the Planning Division. The schedule shall include automatic rain shut -off device or instructions on how to override the system during rainy periods. (PL)
Standard Planning Conditions
1. The location and elevations of buildings and structures shall substantially conform to Exhibit C unless amended specifically by a condition of this res olution, a major modification, or a minor modification. (PL)
2. The final building plans submitted with the building permit application shall clearly indicate all building materials and colors to be used in the project. (PL/B)
3. Minor changes in the extent of use or size of structures may be approved by the Community Development Director, but any substantial change will require the filing and approval of a major modification by an amended permit by the Planning Commission. (PL)
4. Minor changes in the final design or materials and colors for buildings and exterior walls may be approved by the Community Development Director with the filing of a minor modification permit to this use permit. Any request for a minor modification shall be accompanied by three copies of any plans reflecting the requested modification. (PL)
5. Prior to the issuance of a building permit, a reproduction of all conditions of this permit approval as adopted by resolution of the Planning Commission and/or City Council shall be part of, and incorporated into, all sets of the construction documents and specifications for this project. A reproduction of all conditions shall be included on each set of the job/construction documents. (PL)
6. Developer shall provide to the Associate City Engine er, prior to the issuance of building permits, a 100 -footscale site plan of the project as approved by the Planning Commission/City Council for the purposes of updating the City base maps. (PL)
7. All roof mounted heating, ventilation, and air conditioning equipment plus any other roof mounted mechanical equipment shall be recessed and/or screened from adjoining property and public streets subject to approval of the Community Development Director. It is realized that roof mounted equipment cannot be screened from higher elevations. Plumbing vents, ducts, and other appurtenances protruding from the roof shall be integrated in such a manner that they will not be viewed from the front of the property or other highly visible vantage points. A note shall be included on construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B)
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7 12
4 SCALE: 1"=40'-0"
HERCULES, CA #1044
1625 SYCAMORE AVE,
HERCULES, CA 94547
SITE PLAN 1
SITE AREA
PROPOSED HOME DEPOT PARCEL±12.04 ACRES
PROPOSED PAD A PARCEL±0.64 ACRES
TOTAL PARCEL AREA±12.68 ACRES
BUILDING AREA
THE HOME DEPOT±94,984 SF
GARDEN CENTER±24,301 SF
PAD A±3,000 SF
TOTAL PARCEL AREA±122,285 SF
EXISTING PARKING COUNT SUMMARY
HOME DEPOT/GARDEN CENTER (W/PAD A)516 SPACES
PROPOSED PARKING COUNT SUMMARY
REQUIRED PARKING
HOME DEPOT (4.5 SP/1000 SF)427 SPACES
GARDEN CENTER (4.5 SP/1000 SF)109 SPACES
PAD A (4.5/1000 SF)14 SPACES
TOTAL PARKING REQUIRED550 SPACES
PROVIDED PARKING
HOME DEPOT/GARDEN CENTER 380 SPACES
PAD A 33 SPACES
TOTAL PARKING PROVIDED413 SPACES
INCLUDED WITHIN PARKING PROVIDED
ADA10 STALLS
SEASONAL SALES31 STALLS
PRO PARKING10 STALLS
NOT INCLUDED WITHIN PARKING PROVIDED
EQUIPMENT RENTAL DISPLAY7 STALLS
TRAILER DISPLAY14 STALLS
TRUCK RENTAL STALLS8 STALLS
SHED DISPLAY11 STALLS
LOAD-N-GO2 STALLS
LOCATION MAP (NTS)
DRAWING ISSUE DATE05.26.2020
DRAWING REVISION DATE10.29.2021
PROJECT INFORMATION
35 10/29/2021
Home Depot – Hercules, CA #1044
1625 Sycamore Ave
Project Description
SEASONAL SALES AREA
The Home Depot store proposes to display and sell various seasonal items from an area in close proximity to the front of the Garden Center in the existing parking lot . Certain events require tents or awnings in order to protect both merchandise and customers. Included among these items are expected to be trees, plants, rugs, nursery materials, barbecues, and Christmas trees. This seasonal area will not be used to store building materials or home improvement items. The seasonal display area in the parking lot will take place from March 1st to July 31st and November 15th to December 31st.
FRONT SIDEWALK SALES & DISPLAY
The Home Depot store also proposes to display along the front of the store a number of items such as barbeques, patio furniture, material displays, fencing displays, and landscape products including living plants, sand, and blocks.
STAGING AREA IN REAR OF STORE
The purpose for the staging area is to allow for product to be brought in and taken off the flat-bed trucks to be brought into the store or garden center within 72 hours. This is to allow for available merchandise d uring heavy sale periods to k eep p roduct on-site and avoid additional trucking, which helps on the carbon footprint. The height is typically 3 stacked pallets.
THD EQUIPMENT RENTAL
The Site Plan includes proposed display of THD Rental Equipment in 14 stalls and Trailer Rentals in seven (7) stalls . Customers can rent equipment through the existing Tool Rental Center (TRC). It should be noted that this program is owned and operated by Home Depot and Home Depot Associates are the designated staff for transactions. There are no third - party vendors for this operation. Home Depot does not maintain or repair t his equipment on-site, as they are sent to a designated repair location off -site. It should be noted that the 36 2 | P a g e
off-site repair centers are also owned and operated by Home Depot. Such equipment are items like small trailers, see the attached file for a list of example compact power equipment, see attached sample rental equipment document.
THD TRUCK RENTAL
The proposed Site Plan includes eight (8) to be designated for Rental Truck parking only.
The benefit that the Rental Truck Program provides to the community is the ability to easily obtain a moving vehicle at an accessible store location. This program is based on customer orders through the Internet or made in person at the Home Depot store. The Rental Trucks will be delivered to the designated parking area for pick up by the customer – there is typically three to six trucks parked on -site at a time. The paperwork and key pick up and drop off are handled inside the existing TRC. No semi -trucks or tractor trailer type vehicles are included in this program. The trucks being rented have box enclosures varying in size from twelve (12’) feet to twenty-six (26’) feet and are the type of vehicles that can be driven with a normal driver’s license. No fueling, servicing or maintenance of the trucks will take place onsite.
LOAD & GO AND PRO PARKING
Two (2) “Load ‘N Go” trucks can be available to customers wishing to rent a small flatbed truck (18 feet +/ -) to transport materials on their own. Load ‘N Go is an hourly roundtrip vehicle rental service that uses pick -up trucks with specially designed aluminum beds capable of carrying up to 3,000 pounds. The program is intended for rentals of one to two hours but can also be rented at a daily, weekly, or monthly rate. The Home Depot flatbed trucks allow the customer to safely and easily transport large items locally. The ten (10) Pro Parking stalls are intended for Contractors to utilize so that they are close to the Contractor Pick-Up Area to assist on quick turn -around for their orders. There are no penalties if a customer utilizes these stalls.
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CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 21-01
CONDITIONAL USE PERMIT NO. 21-01
DESIGN REVIEW PERMIT NO. 21-02
AMERICAS TIRE PROJECT
The departments and divisions listed below have primary responsibility for implementing listed conditions of approval.
LEGEND:
B = Building CA = City Attorney F = Fire District
PD = Police Dept PL = Planning PW = Public Works
STANDARD CONDITIONS OF APPROVAL:
1) Indemnity Requirement: Failure by the Applicant/Grantee to object to any of the terms, conditions, requirements and obligations set forth in this Conditional Use Permit and Design Review Permit prior to the expiration of the appeal period (which is 10 business days of the mailing or posting of the approving resolution) shall constitute accep tance of all of the conditions and obligations imposed by the City on this permit. The Applicant/Grantee by said acceptance waives any challenges as to the validity of these conditions.
Applicant/Grantee agrees to indemnify and defend the City, its agents, officers and employees, at Applicant/Grantee’s own expense, against and from any claim, action or proceeding brought by any third party arising from or relating to the City’s processing of Applicant/Grantee’s development applications, the City’s issuance of any of the approvals described in these conditions, and the Applicant/Grantee’s implementation of and operations under the Conditional Use Permit and Design Review Permit, including but not limited to any claim, action or proceeding brought to attack, s et aside, void or annul any of the City approvals described in these conditions, and any claim, action or proceeding brought against the City arising from or relating to Applicant/Grantee’s development and operation of the project that is the subject of su ch City approvals. City shall promptly notify Applicant/Grantee of any such claim, action or proceeding of which City receives notice, and City will fully cooperate with Applicant/Grantee in the defense thereof.
Applicant/Grantee’s obligations under this c ondition shall include the obligation to reimburse the City for any court costs, reasonable attorney’s fees and damage awards which the City may be required to pay as a result of any such action. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, and such participation shall not relieve the Applicant/Grantee of any of the obligations of this condition. (CA).
2) Payment of Fees: Applicant/Developer shall pay plan check and processing fees, development fees, en croachment permit fees, and other miscellaneous fees applicable per current City resolutions in effect as of application for grading and/or building permits (B).
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3) Sewer Related Fees: Applicant/Developer is advised that City Ordinance requires payment of sewer connection fees prior to issuance of a building permit. Notwithstanding the above, it is hereby acknowledged Applicant/Developer and owners of the subject property are located within the Hercules -Pinole Wastewater Treatment Plant Assessment District.
Accordingly, the actual sewer connection fee due shall be determined by the City Engineer consistent with the prior payments made to the sewer assessment district and in accordance any other conditions of approval (B).
4) Business License Required: All contractors shall obtain a City of Hercules business license before starting work (B).
5) Graffiti Prevention and Control : The Applicant/Developer shall maintain the site free of graffiti. Graffiti applied to any surface of the subject property shall be removed within forty- eight (48) hours of the Applicant/Developer being notified by the City. The City may remove the graffiti if the Applicant/Developer fails to remove the graffiti within forty-eight (48); the Applicant/Developer shall reimburse the City for the graffiti-removal work (PL).
6) Compliance with all Conditions/Requirements : All conditions of approval for this development, including improvements such as building, paving, and landscape construction/installation, shall be completed prior to issuance of certificate of occupancy except as may be permitted by the Planning Director in consultation with other affected departments or as otherwise set forth herein. Completion of project improvements includes construction approved through building permits, construction of required off -site improvements approved through public works permits, and construction or installation of site improvements (including paving, hardscape, and landscaping) as shown on the approved plans. In the event early occupancy is permitted, Applicant/Developer shall provide to the reasonable satisfaction of the Planning Director and City Engineer and Buil ding Official proof of substantial completion, safe occupancy, and security or agreements to assure full completion of the project PL,PW,B).
7) Ongoing Site Maintenance : The property owner shall be responsible for ensuring the ongoing maintenance, servicing , and capital replacement of improvements on the project site. This includes all parking lot and driveway striping and surfacing, sidewalks and hardscape, landscaping, open space, retaining walls, fences, streetlights, and related site improvements.
8) Handling of Hazardous Materials : All hazardous materials must be handled in conformance with applicable governmental safety requirements and disposed of by a certified contractor using proper disposal procedures. The Applicant shall comply with the Contra Costa County Environmental Health Department’s requirements, including, if required, the submittal of an Emergency Plan/Hazardous Materials Management Plan.
9) Used Tire Management: Prior to certificate of occupancy, the applicant shall submit—and the Firs District shall approve —a tire management plan for the handling, collection, and 39 3
disposal of used/replaced tires. The tire store operator shall annually report to the Fire District any changes to the management plan. If changes to the approved management p lan are required, the tire store operator shall submit a revised management plan (with the appropriate review fee, as needed) to the Fire District for approval.
10) CC&Rs: Any covenants, conditions, and restrictions (CC&Rs) applicable to the subject property shall be consistent with the terms of this permit. Where a conflict exists between the CC&Rs and the City regulations, the City regulations shall prevail (CA).
11) Noise: Per Hercules Municipal Code 13 -31.300.11, the applicant shall control noise associated with the project so as to not exceed the noise level standards set forth in Table 7 of the Noise Element of the General Plan (see below) as measured at any affected residential land use. Upon City request, applicant shall provide for City review and approval an acoustic analysis demonstrating project compliance with the City’s adopted noise standards.
PUBLIC WORKS RELATED (PW):
12) Public Works Standards: Applicant/Developer shall comply with all applicable City of Hercules Public Works Standards. In the event of a conflict between the Public Works Standards and these Conditions, these Conditions shall prevail. In the event that clarifications to the condit ions of approval are required, the Public Works Director or the Planning Director, as applicable, shall have the authority to clarify the intent of the conditions without requiring a public hearing.
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13) Final Geotechnical Report: Applicant/Developer shall retain a licensed Geotechnical Engineer to prepare a Geotechnical Investigation Report for the site. The design of the underground utilities, grading, paving, retaining walls, and foundations shall be based on the recommendations outlined in said Report. The Geotechnical Engineer shall certify that the design conforms to the recommendations in the Report before the City issues a Grading/Site Development Permit. Applicant/Developer shall pave all parking lots in accordance with the Geotechnical Engineer’s recommendations, based on the traffic index provided by the City’s Traffic Engineer. Pavement sections shall be approved by the City Engineer or their designee in his or her reasonable discretion.
14) Soils Report: A Soils Report shall be submitted and the grading, retaining walls, surface and sub-surface drainage, lot drainage, and utility trench backfilling shall be designed in accordance with the recommendations of the registered geotechnical/soils engineer subject to approval by the City Engineer. Final grading and drainage plans for the site development permit shall be reviewed and signed by the Soils Engineer specifying the recommendations in the Soils Report have been followed. The geotechnical/soils engineer shall submit a letter report to the City at completion of construction certifying that grading, drainage and backfill installation was performed in general compliance with recommendations in the geotechnical report. All material testing reports shall be attached to the certification letter report
15) Title Report Required: A current title report shall be submitted with any application for grading or building permits to verify current ownership and any existing easements or land use restrictions.
16) Street Repair: Should the developer cut into the newly constructed or rehabilitated City streets, the Developer shall restore such streets to their condition prior to developer’s work and shall slurry seal and stripe (with thermoplastic) the adjacent streets in coordination with the City Engineer and Public Works when the project is completed.
17) Retaining Walls: Any retaining walls to be built along the property boundary to resolve differences in elevation between the property and the abutting right of way shall be constructed of a esthetically pleasing concrete, masonry block, or other City -approved durable material, as approved by the Planning Department. Structural calculations for any retaining walls shall be submitted to the County Building Department and depending on size may r equire separate building permit review and approval, as determined by the City Engineer. Retaining Walls constructed of wood shall not be permitted. Maintenance of said walls shall be the responsibility of the Owner/Developer/Applicant.
18) Storm Drainage: Applicant/Developer shall be subject to project approvals and regulatory agency permitting requirements. The design of the storm drain system shall be consistent with the City standards, as evidenced by the preparation and submittal of hydrologic/hydraulic calculations prepared by a registered Civil Engineer. Drainage shall be designed in accordance with City standards and shall meet all requirements of the Regional Water Quality Control Board.
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19) Location of Improvements/Configuration of Right of Way: All public streets, sidewalks, driveway approaches, streetlights, traffic markings and signs, storm drainage facilities, handicap ramps, and other street improvements shall be located within the public right of way or public service easements and meet City Standa rds. The location of improvements shall be approved by the Director of Public Works in coordination with the Planning Department prior to construction.
20) Water and Sewer Lines: Applicant/Developer shall construct all fire hydrants, water lines, and sewer l ines needed to serve the project, to the satisfaction of EBMUD and the Rodeo/Hercules Fire Protection District, City of Hercules, and Pinole -Hercules Treatment Plant.
21) Erosion Control Measures: An Erosion Control Plan shall be required if any work is to occur during the rainy season (i.e., between October 1 and April 15). If required, the erosion control plans shall be included in the Stormwater Pollution Prevention Plan (SWPPP) required for any grading permit or activity that may take place at the site. The Developer/Applicant shall install erosion control measures in all areas of the site during construction between October 1 and April 15 to the reasonable satisfaction of the Director of Public Works. A plan for erosion control shall be prepared and submitted for approval by the Public Works Director. All erosion control measures shall be in accordance with the latest Regional Water Quality Control Board Manual of Sediment Control standards in effect at time of permit submittal. (PW)
22) Joint Utility Trenches/Undergrounding/Utility Plans: Applicant/Developer shall construct all utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the applicable utility jurisdiction standards. All communication vaults, electric transformers, cable TV boxes, blow -off valves, and any appurtenant utility items thereto adjacent to any public right-of-way shall be undergrounded. Notwithstanding the foregoing, communication vaults, electric transformers, cable TV boxes, blow -off valves, and any appurtenant utility items thereto not adjacent to any public right -of-way are not required to be undergrounded. Utility plans, showing locations of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works in his or her reasonable discretion concurrent with the approval of the grading plans. Location of these items shall also be shown on the Final Landscaping and Irrigation Plan and Site Plan for the P roject construction and placed to reduce their visual impact. (PW)
23) Street Lighting: Applicant/Developer shall install required streetlights within the City's right of way, to the satisfaction of the Public Works Director.
24) Sight Distance. Maintain lands caping along the entire project frontage to avoid sight distance conflicts (shrubs should not be higher than approximately 30 inches and tree 42 6
canopies should be at least six feet above the ground) and stripe visual clear zones between the travel lane and bike lane as shown on the approved site plan.
25) Post-Construction Stormwater Management: Post-construction storm water quality controls shall be installed as part of this project. These controls will be reviewed and approved as part of the civil plan review process. A maintenance and inspection plan for the storm water treatment facilities shall be submitted with the plans and will be reviewed prior to permit approval. The developer shall enter into a Stormwater Operations and Maintenance Agreement with the City for the post-construction storm water quality control system.
26) Encroachment Permit: An Encroachment Permit shall be obtained for equipment driving over City property and over public easements. The developer shall arrange a pre - construction conference at least 48 hours prior to the proposed construction to discuss the scope and extent of removal and replacement of any pre -existing broken curb, gutter, sidewalk, or asphalt paving (patch, repair and/or overlay) in the public right-of-way. A cash deposit as reasonably determined by the City Engineer shall be required to secure the repair of any damages and said deposit may be increased at the discretion of the City Engineer, as reasonably necessary.
27) Utility Pipe Sizes: . Utility pipe sizes to be sho wn and signed off by City Public Works Director as adequate before building permit issuance.
28) Documents Needed for City Base Maps : Developer shall provide to the Engineering Division, prior to the issuance of building permits, a 100 -foot scale site plan in both paper and digital form (to NAD 83 standards preferable/MicroStation SE) of the project as approved by the Planning Commission for the purposes of updating the City base map.
PLANNING RELATED CONDITIONS (PL):
29) Compliance with Approved Plans : The project shall substantially comply with the approved project plans.
30) Minor Modifications: The project being built will substantially comply, as determined by the Planning Director, with the latest submitted plans with any changes approved by the Planning Commission, unless otherwise amended by action of the City Council. Minor modifications to the project may be requested by the Applicant/Owner and approved administratively by the City as set forth in section 5.1 of the Development Agreement in conformity with Chapter 46 – Minor Modifications section of the Zoning Ordinance.
31) Compact and Accessible Parking: On-site compact parking spaces (i.e., parking spaces smaller than the standard 20’x9’ parking space) shall be limited to no more than 40% of total required project parking. Parking configuration and striping will be subject to project approvals and applicable city codes. Accessible and compact parking spaces shall be appropriately identified on the pavement. The developer shall provide a minimum of 1-foot- 43 7
wide step-out curb or provide additional stall width for a paint -striped buffer equivalent on landscape fingers and islands adjacent to parking stalls. Median islands shall be designed to ensure adequate isle widths and turning radius per the approved plans.
32) Bicycle Parking: City zoning code requires a minimum of bicycle parking of 5% of the total parking. The specific type and location of bike parking shall be subject to the review and approval of the Planning Director, with the exact location and specific type of bicycle parking depicted on drawings included with the Building Permit submittal
33) Electric Vehicle Charging Stations: In accordance with California Building Code requirements, three (3) percent of the required parking spaces (or the appropriate percentage amended from time to time by the State) shall support vehicle charging stations, and the location of all proposed spaces shall be clearly identified on all plans subject to further review and approval by the Planning Director.
34) Parking Lot Striping/Signing Plan: A striping plan and any proposed directional and/or traffic control signage for the parking areas shall be submitted with the building construction plans to the Public Works Department for review and approval by the Public Works Director.
35) Screening of Above Ground Utilities: All above ground utilities visible from public rights of way shall be screened from view from the public right of way with landscaping, decorative materials, berming or other means as determined by the Planning Director.
36) Pedestrian Access: An accessible pedestrian route shall be provided between each primary building entrance and the public sidewalk, and between each primary building entrance and the disabled parking stalls designated to serve that building. The accessible route and all ramps shall comply with all current applicable ADA access requirements and City Standards.
37) Site Lighting: Prior to the issuance of a building permit, the Developer/Applicant shall obtain the approval of the City of a photometric lighting p lan which demonstrates that all exterior areas of the site and project frontage will have a lighting level in accordance with California Code of Regulation and Title 24 (generally less than 0.01 foot –candle light spill at 15 feet beyond the property line). Lighting in landscaped areas throughout the project shall also be subject to reasonable review and approval b y the City’s Landscape Architect, Planning Department, and Public Works Department, in consideration of IES standards for lighting in public/commu nity areas. The Applicant/Developer shall meet a performance standard of no increase in lighting spillover into adjacent "light -sensitive" areas (Central Hercules Plan) as reasonably approved by the Planning Director. At a minimum the plan shall include 0. 50 foot–candle lighting at all doors, and lighting fixtures of exterior doors shall be of a vandal-resistant type.
38) Landscape Standards: A final landscape plan and irrigation plan with planting materials and planting plans shall be submitted to the Plannin g Director for review and approval concurrent to or prior to the submittal of a building permit application, to be substantially 44 8
consistent with the City’s Water Efficient Landscape Regulations, and provisions of Section
30.700.2 of the City Zoning Ordinance. The Landscape Plan shall use native plants, drought- resistant, or low-maintenance species of plants, trees, and shrubs to reduce the demand for gas-powered landscape maintenance equipment and water. A tree replacement plan shall be incorporated as part of the landscape construction drawings showing the number, size, and type of trees being removed, if any are present. The final landscape plan shall indicate the type, location, and size of all plants, trees, shrubs, and groundcover materials being installed as part of the new Project. All trees shall be at least 15 gallon; all shrubs shall be at least 5 gallon, except that ornamental shrubs along pathways may be 1 gallon. Appropriate soil amendments shall be installed in all landscape areas to provide hig h survivability for the selected plantings as determined by the City. Landscaping and irrigation shall be incorporated with the site development permit plan set and installed per plans, as approved by the City, prior to issuance of a Certificate of Occupancy.
39) Performance Standards: The project plans and implementing construction shall also meet the City’s Planning related Performance Standards listed in Chapters 30 and 31 of the Zoning Ordinance.
BUILDING RELATED STANDARD CONDITIONS (B):
40) Addressing Requirement: Prior to issuance of a building permit, the applicant shall obtain City and Fire District approval of a plan for addressing and identifying project buildings.
Such a plan shall include directional signs and markings, as may be required by the City or the Fire District.
41) Construction Drawings: Construction drawings submitted for review and approval also shall include: a) Site grading, drainage, utility, and improvement plans; and b) Hydrology and hydraulic calculations for the site. Applicant/Developer shall provide to the Engineering Division, prior to the issuance of building permits, a 100 -foot scale site plan in both paper and digital form (to NAD 83 standards) of the project as approved by the City Council for the purposes of updating the City base maps.
a. An engineer's cost estimate for frontage and site improvements shall be submitted with the grading and building permit submittals.
b. Prior to construction, Applicant/Developer and City shall procure a performance bond reasonably acceptable to the City to establish the party or parties respo nsible for the construction of and financial responsibility for off -site improvements associated with the project site and to establish the timing of various construction activities. c. Applicant/Developer shall submit a grading plan prepared by a registered civil engineer incorporating into the grading plan all applicable recommendations from soil engineering and engineering geology reports. Site grading shall comply with City standards. The site shall be graded so that runoff is not increased or concentrate d to adjacent properties and so as not to impede runoff from adjacent properties. The grading plan shall be reviewed and approved by Public Works prior to issuance of the 45 9
grading and site development permit. Building pad elevation and landscaping mounds shall be shown on the grading plan.
d. All on site surface drainage shall be collected and conveyed in an adequately designed underground storm drainage system to an approved point of discharge in a manner approved by the City Engineer. Drainage design will be in conformance with the City standards.
e. Adequate sanitary facilities shall be provided and maintained during construction. f. Applicant/Developer shall make arrangements with the Planning/Public Works to inspect and test, prior to connection, any existing se wer and or East Bay Municipal Utilities District water service laterals to be used, and shall make necessary repairs as determined by the Inspector.
g. Curb cut widths and design shall substantially conform to the project approvals, City and Fire District standards.
h. On-site and off -site utility service shall be installed underground in accordance with the City Code. Utilities shall be undergrounded to the nearest suitable riser pole as determined by the appropriate utility company. Applicant/Developer shall post a bond or other surety approved by the City guaranteeing the undergrounding.
42) Health, Design and Safety Standards: Prior to final approval allowing occupancy of any new building, the physical condition of the building shall meet minimum health, design, and safety standards including but not limited to the following:
a. The streets providing access to the site shall be complete to allow for safe traffic movements to and from the site.
b. All traffic striping and control signing on streets providing access to the site shall be in place.
c. Exterior lighting shall be provided for building entrances and shall be of a design and placement so as not to cause glare onto adjoining properties. d. All repairs to the street, curb, gutter, and sidewalk which may create a hazar d shall be completed to the reasonable satisfaction of the Director of Public Works and any non- hazardous repairs shall be complete and/or bonded for.
e. Lighting used after daylight hours shall be adequate to provide for security needs.
Photometrics and lighting plans for the site shall be submitted to the City for review and approval prior to the issuance of a building permit. f. All sewer clean-outs, water meter boxes, and other utility boxes shall be set to grade to the approval of the Director of Public Works.
43) Work Hours: All contractors (grading, building, landscaping etc.) shall observe City construction work hours (including all deliveries of materials and maintenance of equipment), unless prior arrangements are approved by the City. Hours of construction shall be from 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be permitted weekends or holidays. Work hours for construction activities that occur completely within an enclosed structure are allowed to begin at 7:00 am and end at 8:00pm on w eekdays, and from 8:00am to 5:00pm on weekends.
46 10
44) Construction Traffic Management Plan: Applicant/Developer shall develop and submit to the City a Construction Traffic Management Plan for review and approval by the Public Works Director prior to the initiation of any construction-related activities.
45) Refuse/Trash Collection and Construction Debris : A refuse collection plan shall be formulated, working with the refuse collection provider, Republic Services, to provide for efficient and effective trash/refuse collection system. The refuse collection plan shall be subject to Planning Director review and approval. Republic Services (a.k.a. Richmond Sanitary Service) is the exclusive franchised solid waste hauler for the City of Hercules.
Republic’s exclusive col lection rights include collection of all solid waste in the City, including construction and demolition (C&D) waste from construction and demolition projects in the City. Removal of construction and demolition (C&D) waste must be arranged with Republic Ser vices prior to commencement of construction, or in another manner consistent with the Franchise Agreement or State Law. All construction material/equipment shall be staged outside the City’s rights -of-way. The Developer/Applicant shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. Construction debris boxes shall be provided during all phases of construction. The Developer shall be responsible for corrective measures reason ably related to its construction activities at no expense to the City of Hercules.
46) Temporary Construction Fencing: The use of any temporary construction fencing shall be subject to the review and reasonable approval of the Public Works Director, Hercules Police Services, and the Building Official. Security lighting and patrols shall be employed as necessary. The fencin g shall not obstruct pedestrian access along the frontage during construction. A safe pedestrian access route shall be maintained along the frontage at all times where sidewalks exist.
47) Screening of Roof Mounted Equipment : All roof -mounted mechanical equi pment, including but not limited to heating, ventilation, and air conditioning equipment, shall be recessed, grouped, and/or screened from adjoining property and public streets and highway subject to reasonable approval of the Planning Director. Plumbing v ents, ducts, and other appurtenances protruding from the roof shall be integrated in such a manner that they will not be viewed from the front of the property or other highly visible vantage points. All vents, gutters, downspouts, flashings, conduits, etc. that are visible from outside the building shall be painted the color of the adjacent surface. A note shall be included on construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B)
47 11
FIRE DISTRICT (FD).
48) Tire Storage – Inside the Building. Tires stored inside of buildings shall not block doors, windows, or exit ways. Piles and racks of tires which are placed directly against and parallel to walls, shall not extend out from such walls more than five feet. Piles or racks of tires placed in row s perpendicular to the walls shall not exceed ten feet in width or 50 feet in length, Every row of tires shall be accessible on at least two sides by an aisle way at least three feet wide. Tires which are stored in such a pattern as to form dead end aisle ways against the walls of the building shall terminate at an aisle way at least six feet wide at the inside end of such pile. Every rack or pile of tires shall be kept at least 18 inches below sprinkler heads in a sprinklered building. Piles of tires shall be kept at least three feet below the ceiling or roof and every cord, beam or girder in a sprinklered building. Piles and racks of tires shall be maintained in such a manner as to insure stability and not become a hazard by falling during a fire or other emergency. Under no circumstances shall a pile or rack of tires exceed 12 feet in height unless approved by the Fire Chief.”
49) Tire Storage – Outside the Building . No storage of tires outside of the building shall be allowed without the prior approval of th e Community Development D irector and Fire District. shall be conducted piles of tires or carcasses shall not exceed 7200 cubic feet in volume and shall be separated from every other pile by an aisle way at least ten feet wide.
Under no circumstances shall a pile of tires exceed 10 feet in height unless approved by the Fire Chief. Tires in racks shall comply with the length, width, and aisle way requirements for inside storage. (Modified by the Planning Commission – January 4, 2022)
50) Access Roads. Fire Department access roads shall be provided within 150 feet path-of-travel distance of all portions of first -floor exterior walls of all structures. Access roads shall be designed to current Fire Department standards: 20 feet wide minimum for structures two - stories or less in height, and 26 feet wide minimum for structures more than 30 feet in height, Turning radius 25 feet inside and 45 feet outside. Dead -end private access roads more than 150 feet in length shall have an apparatus turn-around per current Fire Department standards.
Developer shall illustrate the turning maneuvers (i.e., auto -turn) around the structures and ingress and egress.
51) Automatic Sprinkler System. The Rodeo-Hercules Fire Protection District has adopted a local ordinance that requires automatic fire sprinkler systems in a specific type/size of new construction. All structures shall be protected with automatic fire sprinkler systems in accordance with CA Fire Code Chapter 9 as adopted by the Fire District.
a. A Fire Flow Analysis including proposed building areas, type of construction, and calculated available fire flow at the proposed fire hydrants shall be provided to the Fire Department for review and approval concurrent with the submittal of Grading plans.
Minimum adjusted (50% sprinkler credit). CA Fire Code Appendix B can be referenced for Fire Flow requirement calculations. The applicant shall contact East Bay Municipal 48 12
Utilities District to have a flow test performed for the nearest existing hydrant to be used for the hydraulic design prior to submitting the Fire Flow Analysis. This buildings sprinkler design shall be designed to meet NFPA Standard 13, Table 13.2.1. and Chapter
18. The following explains why these requirements.
b. EBMUD authorization. Design work is needed for the on-site fire protection system. i. What is the design fire flow?
ii. What is the available flow/pressure at the current hydrant?
52) Fire Hydrants. Hydrant spacing for this commercial project shall comply with current Fire District standards of CA Fire Code Chapter 9 and Appendix C, and three (3) copies of the final site plan shall be submitted for approval of hydrant locations. Location of bollards and Fire Department Connections (FDCs) for the required automatic fire sprinkler systems are a deferred item (Deferred Items in #15).
53) Private Underground Fire Mains. Private Underground Fire Mains require a separate Fire Department permit. Public or private fire mains may not run under buildings.
Additional Conditions:
54) As mitigation for delays in response time, traffic signal pre-emption (Opticom or compatible) shall be provided (or verified) on the traffic signal leading to the proposed project.
55) Review of the Environmental Site Assessment, re-use of the site, and implementation of the construction program shall be approved by Certified Unified Program Agency (CUPA), Contra Costa Hazardous Materials Programs, 4585 Pacheco Blvd. Suite 100, Martinez, CA 94553, [email protected] (925-335-3200).
56) Site address signa ge per current Fire Department Standards (12" illuminated) shall be installed on structure. Temporary signage (non -illuminated) shall be established and maintained during construction.
57) Required Fire Department access routes shall be signed "No Parking-Fire Lane" per current Fire Department standards and the CA Vehicle Code.
58) Traffic calming measures or controls (speed bumps, humps, undulations, gates, etc.) are not approved as a part of this review and require specific approval from the Fire Department.
59) Structures shall be equipped with a Fire Department approved Knox Box located in accordance with the fire code.
60) CA Fire Code, Section 510 requires an Emergency Responder Radio Coverage (in -building repeater) System, designed and installed per current Fire Department standards, in all -new 49 13
structures unless post -construction signal strength testing demonstrates sufficient radio signal propagation.
61) Rooftop Solar Photovoltaic Systems shall comply with the CA Fire Code and CA State Fire Marshal Guideline.
62) Required Fire Department permits that are eligible for deferred submittal: Construction; Underground Fire Main, Automatic Fire Sprinkler System, Fire Alarm System, Sprinkler Alarm Supervisory Service (water-flow monitoring), Fixed Extinguishing System (kitchen), High Pile Combustible Storage (if>8t in retail or 12' in storage), Fire pump, Generator Fuel Storage (if proposed). Operation; High Pile Storage, Refrigeration Equipment, Motor Vehicle Fuel Dispensing.
63) The developer shall remit the Development Impact Fee with the Building Permit submittal.
64) The developer shall submit a "Fire Safety during Construction" plan to the Fire District at the time of Building Permit submittal.
65) Storage or use of any hazardous materials at the site (such as diesel fuel for the on-site generator or acid for batteries) will require a Hazardous Materials Business Plan to be submitted to the CUPA.
66) Access roads and water supplies for fire protection shall be installed and made serviceable prior to storage or construction of any combustible materials.
50 D
S
D
T
10 7
SYCAMORE AVENUE
∆
∆
12 4
JOHN MUIR PKWY
REDWOOD RD
REFUGIO VALLEY RD
SYCAMORE AVE
WILLOW AVE
TURQUOISE DR
SAN PABLO AVE
ATC - HERCULES
PROPOSED AMERICA'S TIRE SITE
SUMMARY
PRELIMINARY SITE
PLAN
LEGEND
NORTH
VICINITY MAP
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R
GENERAL NOTES
PROJECT
LOCATION
51 D
S
D
T
SYCAMORE AVENUE
∆
∆
ATC - HERCULES PRELIMINARY
GRADING PLAN
LEGEND
NORTH
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ESTIMATED EARTHWORK QUANTITIES
52 CONCEPTUAL 1ST FLOOR PLAN
CONCEPTUAL MEZZ. FLOOR PLAN
CONCEPTUAL FLOOR PLANS
A.1
JOB # A.2011081
1625 SYCAMORE AVE.
HERCULES, CA 94547
THIS PLAN IS PROPERTY OF PLUMP GROUP ARCHITECTURE &
ENGINEERING. THIS DRAWING IS LOANED WITHOUT OTHER
CONSIDERATION THAN THE AGREEMENT AND CONDITION
THAT IT IS NOT BE REPRODUCED, COPIED, OR OTHERWISE
DISPOSED OF, DIRECTLY OR INDIRECTLY, AND IS NOT TO BE
USED IN WHOLE OR IN PART TO ASSIST IN MAKING OR TO
FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS,
PRINTS, APPARATUS OR PARTS THEREOF. THE ACCEPTANCE
OF THIS DRAWING WILL BE CONSTRUED AS AN ACCEPTANCE
OF THE FOREGOING CONDITIONS.
DATE: 07.29.2021
Sheet No.
REV:
914 E. KATELLA AVENUE, ANAHEIM, CA 92805
P (714) 385-1835 F(714) 385-1834
www.plumpgroup.com
PLUMP ENGINEERING INC.
CONSULTING ENGINEERS
STRUCTURAL, MECHANICAL, PLUMBING,
ELECTRICAL, CIVIL, SURVEYING,
ARCHITECTURAL
Building Area Breakdown
53 FRONT ELEVATION
REAR ELEVATION
CONCEPTUAL ELEVATIONS
A.2
FINISH LEGENDFINISH LEGEND
EAST ELEVATION WEST ELEVATION
NORTH ELEVATION
SOUTH ELEVATION (SYCAMORE AVE.)
JOB # A.2011081
1625 SYCAMORE AVE.
HERCULES, CA 94547
THIS PLAN IS PROPERTY OF PLUMP GROUP ARCHITECTURE &
ENGINEERING. THIS DRAWING IS LOANED WITHOUT OTHER
CONSIDERATION THAN THE AGREEMENT AND CONDITION
THAT IT IS NOT BE REPRODUCED, COPIED, OR OTHERWISE
DISPOSED OF, DIRECTLY OR INDIRECTLY, AND IS NOT TO BE
USED IN WHOLE OR IN PART TO ASSIST IN MAKING OR TO
FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS,
PRINTS, APPARATUS OR PARTS THEREOF. THE ACCEPTANCE
OF THIS DRAWING WILL BE CONSTRUED AS AN ACCEPTANCE
OF THE FOREGOING CONDITIONS.
DATE: 07.29.2021
Sheet No.
REV:
914 E. KATELLA AVENUE, ANAHEIM, CA 92805
P (714) 385-1835 F(714) 385-1834
www.plumpgroup.com
PLUMP ENGINEERING INC.
CONSULTING ENGINEERS
STRUCTURAL, MECHANICAL, PLUMBING,
ELECTRICAL, CIVIL, SURVEYING,
ARCHITECTURAL
TRASH ENCLOSURE PLAN / ELEVATIONS
54 55
CONCEPTUAL MATERIAL BOARD
A.4
JOB # A.2011081
1625 SYCAMORE AVE.
HERCULES, CA 94547
THIS PLAN IS PROPERTY OF PLUMP GROUP ARCHITECTURE &
ENGINEERING. THIS DRAWING IS LOANED WITHOUT OTHER
CONSIDERATION THAN THE AGREEMENT AND CONDITION
THAT IT IS NOT BE REPRODUCED, COPIED, OR OTHERWISE
DISPOSED OF, DIRECTLY OR INDIRECTLY, AND IS NOT TO BE
USED IN WHOLE OR IN PART TO ASSIST IN MAKING OR TO
FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS,
PRINTS, APPARATUS OR PARTS THEREOF. THE ACCEPTANCE
OF THIS DRAWING WILL BE CONSTRUED AS AN ACCEPTANCE
OF THE FOREGOING CONDITIONS.
DATE: 07.29.2021
Sheet No.
REV:
914 E. KATELLA AVENUE, ANAHEIM, CA 92805
P (714) 385-1835 F(714) 385-1834
www.plumpgroup.com
PLUMP ENGINEERING INC.
CONSULTING ENGINEERS
STRUCTURAL, MECHANICAL, PLUMBING,
ELECTRICAL, CIVIL, SURVEYING,
ARCHITECTURAL
56 S
T
TREE HEIGHT = 121'TREE HEIGHT = 121'
AMERICA'S TIRE
ADJACENT HOME DEPOT
PROPERTY
SYCAMORE AVENUE
TREES QTY BOTANICAL / COMMON NAME CONT
12 ARBUTUS X `MARINA` / MARINA STRAWBERRY TREE STANDARD 24" BOX 11 EXISTING TREE TO REMAIN 24" BOX
PROTECT IN PLACE
2 NERIUM OLEANDER `WHITE` / WHITE OLEANDER 24" BOX
4 ZELKOVA SERRATA / SAWLEAF ZELKOVA 24" BOX
SHRUBS QTY BOTANICAL / COMMON NAME CONT.
47 AGAPANTHUS AFRICANUS / AFRICAN LILY 5 GAL.
30 DIETES GRANDIFLORA / FORTNIGHT LILY 5 GAL.
6 JUNIPERUS VIRGINIANA `SKYROCKET` / SKYROCKET JUNIPER 15 GAL. 21 RHAPHIOLEPIS INDICA 'PINK LADY' / PINK LADY INDIAN HAWTHORN 5 GAL.
GROUND COVERS QTY BOTANICAL / COMMON NAME CONT.
928 SF 3"-5" ROCK -
COLOR TO BE DETERMINED
3,668 SF EXISTING LANDSCAPE / TO REMAIN - PROTECT IN PLACE - BIO-RETENTION QTY BOTANICAL / COMMON NAME CONT.
81 FESTUCA CALIFORNICA / CALIFORNIA FESCUE 5 GAL.
256 JUNCUS PATENS `OCCIDENTAL BLUE` / OCCIDENTAL BLUE RUSH 5 GAL. 96 LEYMUS CONDENSATUS / GIANT WILD RYE 5 GAL.
58 MUHLENBERGIA RIGENS / DEER GRASS 5 GAL.
PLANT SCHEDULE
WUCOLS
LOW
LOW
LOW
LOW
WUCOLS
-
-
WUCOLS
LOW
LOW
LOW
LOW
WUCOLS
MODERATE
MODERATE
MODERATE
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R
ATC - HERCULES
LANDSCAPE NOTE:
THE SELECTION OF PLANT MATERIAL IS BASED ON CULTURAL, AESTHETIC, AND MAINTENANCE CONSIDERATIONS. ALL PLANTING AREAS SHALL BE PREPARED WITH
APPROPRIATE SOIL AMENDMENTS, FERTILIZERS AND APPROPRIATE SUPPLEMENTS
BASED UPON A SOILS REPORT FROM AN AGRICULTURAL SUITABILITY SOIL SAMPLE TAKEN FROM THE SITE. ALL SHRUB BEDS SHALL BE MULCHED TO A 3" DEPTH TO HELP CONSERVE WATER, LOWER SOIL TEMPERATURE, AND REDUCE WEED GROWTH. THE SHRUBS SHALL BE ALLOWED TO GROW IN THEIR NATURAL FORMS. ALL LANDSCAPE
IMPROVEMENTS SHALL FOLLOW THE GUIDELINES SET FORTH BY THE CITY OF HERCULES MUNICIPAL CODE.
PRELIM/ENTITLEMENTS NOTE
JO
JO
CF
PRELIMINARY LANDSCAPE
PLAN
PROPERTY LINE (TYP)
0 GRAPHIC SCALE IN FEET
20 10 20 40
NORTH
L1.0
EXISTING LANDSCAPE
ISLANDS TO REMAIN (TYP)
EXISTING UNDERGROUND
UTILITIES
BIO-RETENTION BASIN -
REFERENCE CIVIL PLANS (TYP)
IRRIGATION NOTE:
AN AUTOMATIC IRRIGATION SYSTEM SHALL BE INSTALLED TO PROVIDE 100% COVERAGE FOR ALL PLANTING AREAS SHOWN ON THE PLAN. THE WATER
SUPPLY FOR THIS SITE IS A POTABLE WATER CONNECTION AND A DEDICATED IRRIGATION METER WILL BE PROVIDED. LOW VOLUME EQUIPMENT SHALL
PROVIDE SUFFICIENT WATER FOR PLANT GROWTH WITH NO WATER LOSS DUE TO WATER CONTROLLERS, AND OTHER NECESSARY IRRIGATION EQUIPMENT.
ALL POINT SOURCE SYSTEM SHALL BE ADEQUATELY FILTERED AND
REGULATED PER THE MANUFACTURER'S RECOMMENDED DESIGN
PARAMETERS. ALL IRRIGATION IMPROVEMENTS SHALL FOLLOW THE GUIDELINES SET FORTH BY THE CITY OF HERCULES MUNICIPAL CODE.
BIO-RETENTION BASIN -
REFERENCE CIVIL PLANS (TYP)
PROPOSED MONUMENT SIGN -
REFERENCE CIVIL PLANS
8/4/2021
SITE LIGHTING, SEE LIGHTING
PLAN SHEET ES1.0 (TYP)
BUILDING LIGHTING, SEE
LIGHTING PLAN SHEET ES1.0
(TYP)
57 S
T
TREE HEIGHT = 121'TREE HEIGHT = 121'
AMERICA'S TIRE
ADJACENT HOME DEPOT
PROPERTY
SYCAMORE AVENUE
TREE TO BE REMOVED. SEE TABLE FOR
TREE SPECIES AND CALIPER (TYP)
1 2
7 10
13 14
15 16
11 8
3 4
5 6
9 12
17 18
TREES CODE QTY BOTANICAL / COMMON NAME CONT.
RX 18 Existing Tree / To Be Removed Existing
RR 11 Existing Tree / To Remain Existing
PLANT SCHEDULE
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ATC - HERCULES
JO
JO
CF
8/4/2021
PROPERTY LINE (TYP)
0 GRAPHIC SCALE IN FEET
20 10 20 40
NORTH
T1.0
EXISTING LANDSCAPE
ISLANDS TO REMAIN (TYP)
EXISTING UNDERGROUND
UTILITIES
BIO-RETENTION BASIN -
REFERENCE CIVIL PLANS (TYP)
BIO-RETENTION BASIN -
REFERENCE CIVIL PLANS (TYP)
PROPOSED MONUMENT SIGN -
REFERENCE CIVIL PLANS
TREES TO BE REMOVED
TREE REMOVAL AND REPLACEMENT
TREES TO BE PLANTED
18 18
*REFERENCE LANDSCAPE PLANS FOR PROPOSED TREE
LOCATIONS, TYPES, AND SIZES
TREE REPLACEMENT PLAN
58 1
625 SYCAMORE AVE
HERCULES, CA 94547
CONTRA COSTA, CA
E
N G I N E E R I N G
NOT FOR
CONSTRUCTION
59 D
S
D
T
SYCAMORE AVENUESYCAMORE AVENUE
RIM = 68.21
FL = 60.71
SYCAMORE AVENUE
∆
∆
∆
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ATC - HERCULES PRELIMINARY
UTILITY PLAN
NORTH
LEGEND
60 TREE HEIGHT = 121'TREE HEIGHT = 121'
RIM = 76.31FL = 70.01
PARCEL 1
11.74 AC GROSS
SYCAMORE AVE
CS CREEKSIDE HERCULES LLC
APN: 406-140-012
HD DEVELOPMENT OF MARYLAND
APN: 406-140-017
NORTH FIRST
STREET PROPERTIES
APN: 406-140-003
PARCEL 2
0.88 AC GROSS
269.6'
R=11409.2'
L=29.9'R=5679.6'
L=29.7'
R=3769.7'
L=29.6'
R=2814.8'
L=29.5'
R=2241.9'
L=20.6'
944.1'
R
=1050.0'
L=217.6'
120.0'
51.4' 128.0'
100.7' 144.9'
R=624.0'
L=2.4' 517.6'
157.3'
188.1'
83.8'
179.2'
235.3'
147.2'
10.1'
4.5'
21.0'
R=445.0'
L=29.2'
50.2'
R
=2152.3'
L=178.0'
11.9'
18.0'
54.2'
18.0'
87.8'
STORM DRAIN EASEMENT
40' PACIFIC COAST OIL PIPELINE EASEMENT
PER P.M. 477-82 BK.103 PG.21 (7323 O.R. 120-126)
NOT TO SCALE
ASSESSOR'S PARCEL NUMBER:
PROJECT ADDRESS:
TOTAL ACREAGE:
OWNER:
PROJECT INFORMATION
406-140-017
HERCULES, CA 94547
1625 SYCAMORE AVE
±12.62 ACRES (CC)
KIMLEY-HORN
555 CAPITOL MALL, SUITE 300
SACRAMENTO, CA 95814
CC - COMMUNITY COMMERCIAL
VICINITY PLAN
HD DEVELOPMENT OF MARYLAND
PO BOX 105842
ATLANTA, GA 30348-5842
PH: 916-571-1004
LEGEND
APPLICANT:
ZONING:
EXISTING USE:
PROPOSED USE:
EAST BAY MUNICIPAL UTILITY DISTRICTDOMESTIC WATER:
SEWAGE:
DRAINAGE:
FLOOD NOTE
SUBJECT PROPERTY IS LOCATED WITHIN ZONE X PER COMMUNITY PANEL NUMBER 06013C0044H, DATED MARCH 21, 2017.
NORTH
PROJECT LOCATION
REAL PROPERTY IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, CITY OF HERCULES, BEING ALL LOTS 4, 5, 6, AND 7 AS SHOWN ON RECORD OF SURVEY "LOT LINE ADJUSTMENT MAP 83-1" RECORDED AT BOOK 74 PAGE 5 OF LAND SURVEY MAPS IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER.
ACACRE
APNASSESSORS PARCEL NUMBER
LLCLIMITED LIABILITY COMPANY
555 CAPITOL MALL, SUITE 300
SACRAMENTO, CA 95814
WWW.KIMLEY-HORN.COM
TEL. NO. (916) 858-5800
AUGUST 2021
SHEET 1 OF 1
PROPERTY LINE
PROPERTY LINE (NOT A PART OF
PROPOSED TENTATIVE MAP)
1625 SYCAMORE AVE
TENTATIVE SUBDIVISION MAP
PROPOSED PARCELIZATION
THIS TENTATIVE SUBDIVISION MAP IS TO DIVIDE ±12.62 ACRES INTO 2 PARCELS. PARCEL ONE TO CONTAIN ±11.74 ACRES; PARCEL TWO TO CONTAIN ±0.88 ACRES
PROJECT SITE
COMMUNITY COMMERCIAL
AUTO RETAIL
CITY OF HERCULES
CITY OF HERCULES
61 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-GND
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 1 of 4 PROJECT SITE:
SIGN PACKAGE
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
62 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-GND
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 2 of 4 117'-0"
60'-0"
N
S
EW
SITE PLAN
Scale: 1/64" = 1'-0"
AERIAL VIEW
Scale: Not to Scale
A
14’-4”
1'-0"
63 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-GND
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 3 of 4 2’-0”4” 4”
4”
6'-0"
6"1625
4'-0" 6"3"3"1’-0”
3'-2"
2'-6"
D/F EXTERIOR MONUMENT SIGN FACE OF SIGN(32 SQ FT)
Scale: 3/8” = 1’-0”
FOOTING, SUPPORT PIPE & BASE,
SUPPORT PIPE : STEEL SUPPORT PIPE, FOUNDATION PER ENGINEERING MAIN CABINET : 1 1/2” x 3/16” ALUM ANGLE FRAME WITH ROUTED FACES FOR PUSH THRU GRAPHICS.
SIDES AND TOP TO BE .125” ALUM. REMOVABLE FOR INSTALLATION & SERVICE ACCESS.
PAINT : SW 7104 COTTON WHITE , SATIN FINISH
ILLUMINATION : LED LIGHTING SYSTEM AS REQUIRED FOR PROPER ILLUMINATION AMERICA’S LETTERS,
PUSH THRU ACRYLIC : 3/4” CLEAR ACRYLIC PUSHED THRU FACE 1/2”, ACRYLIC TO HAVE 1ST SURFACE VINYL VINYL : 3M 3630-33 RED VINYL / 3M #3630-22 BLACK VINYL
ACRYLIC BACK UP : .177” #2447 DIFFUSER PLEX
TIRE,
PUSH THRU ACRYLIC : 3/4” CLEAR ACRYLIC PUSHED THRU FACE 1/2”, ACRYLIC TO HAVE 1ST SURFACE VINYL VINYL : 3M #3630-22 BLACK VINYL
ACRYLIC BACK UP : .177” #2447 DIFFUSER PLEX
OUTLINE,
PUSH THRU ACRYLIC : 3/4” CLEAR ACRYLIC PUSHED THRU FACE 1/2”, ACRYLIC TO HAVE 1ST SURFACE VINYL VINYL : 3M #3630-22 BLACK VINYL
ACRYLIC BACK UP : .177” #2447 DIFFUSER PLEX
REVEAL & CAP STRUCTURE : 1” x .125” ALUM ANGLE FRAME ATTACHED TO STRUCTURE SKIN : .125” ALUM SKIN.
PAINT : CLASSIC BRONZE , SATIN FINISH
BOTTOM CAP PAINT: SW 7031 MEGA GREIGE, SATIN FINISH
BASE: CMU BASE, PAINTED TO MATCH SW 7031 MEGA GREIGE, SATIN FINISH CABINET : 1” x .125” ALUM ANGLE FRAME ATTACHED TO STRUCTURE SKIN : .125” ALUM SKIN.
PAINT : SW 7031 MEGA GREIGE, SATIN FINISH
ATTACHMENT : SLIP CABINET OVER SUPPORT TUBES AND WELD PLATE INSIDE 1ST SURFAREG. MARK : CE 3630-22 BLACK VINYL
ADDRESS NUMERALS: 1/2” THICK ACRYLIC PAINTED RED
ELECTRICAL NOTE: IT IS THE CUSTOMERS RESPONSIBILITY
TO PROVIDE 120 VOLT PRIMARY ELECTRICAL SERVICE
WITH DEDICATED CIRCUIT(S). INCLUDING GROUND WIRING
DIRECTLY FROM PANEL BOX WITHIN SIX (6) FEET OF SIGNAGE.
INSTALLATION TO MEET N.E.C., UL & LOCAL CODES
MOUNTINGNOTE:INSTALLERISREQUIREDTO
VERIFYACTUALFIELDCONDITIONS&PROVIDE
NECESSARYMOUNTINGHARDWARE&METHODOF
ATTACHMENTTOENSURESAFEINSTALLATION.
INSTALLATIONTOMEETN.E.C.,UL&LOCALCODES
HANLEY WHITE LEDS
ALUMINUM FILLER
SERVICE
PROVIDED
BY OTHERS
ANGLE IRON FRAME
¾" ACRYLIC
ROUTED .125 ALUMINUM FACES
PUSH THROUGH
(1/2” PROUD)
CABINET - SECTION VIEW R.O.P.T. FACE
Scale: Not to Scale
LISTED
HP WHITE FILM
RED FILM
BLACK FILM
AMERICA’S LETTERS
TIRE LETTERS
BLACK FILM BORDER AND ® SYMBOL
APPLIED TO FACE OF EDGE LIT BACKER
ILLUMINATED EDGE
WELDED STUDS AND NUT END
¾” CLEAR PUSH THROUGH
ACRYLIC (½” PROUD)
W/ HP WHITE FILM AND
OPAQUE BLACK FILM OVERLAY
.125 ALUM. FACE
PTD SATIN WHITE
FACES AND RETURNS
¾” CLEAR PUSH THROUGH
ACRYLIC (½” PROUD)
TRANSLUCENT RED FILM
¾” OPAQUE BLACK FILM OUTLINE
OVER HP WHITE FILM
NON-ILLUMINATED FACE
EDGE LIT
ILLUMINATED FACE
EDGE LIT
DETAIL VIEW ROUTED OUT PUSH THRU COPY
Scale: Not to Scale
NIGHT VIEW
Scale: NTS
1625
8’-0”
8'-6"
SW 7031 “ MEGA GREIGE”
CLASSIC BRONZE
SW 7104 “ COTTON WHITE”
A
2'-3"
7 ⅞" 14 ⅝"
64 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-GND
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 4 of 4 1625
BONE WHITE
SW 7031 “ MEGA GREIGE”
PATRIOT RED
CLASSIC BRONZE
SW 7104 “ COTT
ON WHITE”
1625
ILLUSTRATION IS FOR COLOR MATCHING PURPOSES. REFER TO SITE PLAN FOR MONUMENT LOCATION. 65 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 1 of 8 PROJECT SITE:
SIGN PACKAGE
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
66 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 2 of 8 117'-0"
60'-0"
N
S
EW
SITE PLAN
Scale: 1/64" = 1'-0"
AERIAL VIEW
Scale: Not to Scale
B
A
C
D
F
E
G
67 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 3 of 8
EAST ELEVATION
Scale: 1/16" = 1'-0" WEST ELEVATION
Scale: 1/16" = 1'-0"
NORTH ELEVATION
Scale: 1/16" = 1'-0"
SOUTH ELEVATION
Scale: 1/16" = 1'-0"
30"A
27"B
30"C
60’-0” 60’-0”
117'-0"
117'-0"
26'-0"
26'-0"26'-0"
28'-0"
19'-3 ¾"EQ EQ17'-11"
6'-3"
6'-8"
2’-0”
6’-1 ¼”
18’-11”
17’-4 ¼”EQ EQ
5’-5 ¾”
15’-0”
1625
1625
1625
1625
18'-11"
18'-11"
18'-11"
18'-11"
D
E
F
G
BONE WHITE
SW 7031 “ MEGA
GREIGE”
PATRIOT RED
CLASSIC BRONZE
SW 7104 “ COTTON WHITE”
68 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 4 of 8 30"
J-BOX PROVIDED BY GC
CENTER ON LETTERS INSIDE WALL
Scale: 1/2” = 1’-0”
CUSTOM FABRICATED“ AMERICA’S TIRE ” FACE-LIT / HALO ILLUMINATED CHANNEL LETTERS W/BACKER PANEL - EXTERIOR QTY. (2) REQ’D
C 2'-6" ‘A’
3'-6 ½"2'-6 ⅝"
6’-1 ¼”
19'-3 ¾"
10’-4 ⅝”
APPLIED VINYL
55.95 SQ. FT.
12.84 SQ. FT.
6’-1 ¼” x 19’-3 ¾”
HANLEY WHITE L.E.D.s
--
“America’s”:Red/Black “Tire”and outline:Black
Black
Black
“AMERICA’S” AREA
“TIRE” AREA
BACKER SIZE
ILLUMINATION
ELECTRICAL
FACE COLOR
TRIMCAP COLOR
RETURN COLOR
NIGHT VIEW
Scale: Not to Scale
SEAMS
1'-7 ¾"
7'-9 ⅝"
18'-4 ¾"
3'-0 ½"
SECTION VIEW (REFER TO MFG PAGE FOR DETAILS)
Scale: Not to Scale
ON
A
69 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 5 of 8 27"
Scale: 1/2” = 1’-0”
CUSTOM FABRICATED“ AMERICA’S TIRE ” FACE-LIT / HALO ILLUMINATED CHANNEL LETTERS W/BACKER PANEL - EXTERIOR QTY. (1) REQ’D
B
2'-3"
3'-2 1/4"2'-3 ½"
5’-5 ¾”
17'-4 ¼"
9’-4”
45.29 SQ. FT.
10.37 SQ. FT.
5’-5 ¾” x 16’-6 ⅜”
HANLEY WHITE L.E.D.s
--
“America’s”:Red/Black “Tire”and outline:Black
Black
Black
APPLIED VINYL
J-BOX PROVIDED BY GC
CENTER ON LETTERS INSIDE WALL
“AMERICA’S” AREA
“TIRE” AREA
BACKER SIZE
ILLUMINATION
ELECTRICAL
FACE COLOR
TRIMCAP COLOR
RETURN COLOR
1’-5 ¾”
7'-0 ⅛"
16’-6 ⅜”
2'-8 ⅞"
SEAMS
NIGHT VIEW
Scale: Not to Scale
SECTION VIEW (REFER TO MFG PAGE FOR DETAILS)
Scale: Not to Scale
ON
70 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 6 of 8
RACEWAY
RACEWAY MOUNT
MOUNTING POINTS
SEAM SEAM
71 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
organization, nor is it to be reproduced, used,
copied or exhibited in any fashion.
Sales: Date:
P.M.: Date:
Design: Date:
Client: Date:
Approvals:Revision:
R1) 11/21/17 update & move address - LAH
Signs will be manufactured with 120 or 277 Volts A/C.
All Primary electrical service to the sign,and final
connection thereof, is the responsibility of the buyer.
All work is to be done in accordance with the purchase
agreement attached hereto. In case of variance
between the specifications of the purchase agreement
and this drawing, the drawing shall prevail.
This sign is intended to be installed in
accordance with the requirements of
Article 600 of the National Electrical
Code and/or other applicable local
codes. This includes proper
grounding and bonding of the sign. CID315726-BDG
PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 7 of 8 J
I
H
WIRING
BACKER PANEL
I-S
I-C
POWER SUPPLY
TYPE:
VOLTAGE:
½” FLEX PER CODE
½” CONNECTOR PER CODE
12V POWER SUPPLY
HOUSE IN 4” X 4” RACEWAY, TOP ACCESS
120V PRIMARY / 12V SECONDARY
FACE LIT / HALO ILLUMINATED CHANNEL LETTERS W / BACKER PANEL SCALE: N.T.S.
A
B
C
D
E
F
FACE
MATERIAL: MATERIAL:
TRIMCAPS
SIZE/FINISH
RETURNS
DEPTH:
MATERIAL:
COLOR:
BACKS:
MATERIAL:
INSIDE OF CAN
COLOR:
COLOR:
ILLUMINATION:
LED:
.177 2447 WHITE ACRYLIC .125 ALUMINUM
1” BLACK JEWELITE
5”
ALUM. .040
PRE-PAINT BLACK
.188 WHITE POLYCARBONATE
WHITE
WHITE
HANLEY WHITE .80w GC BRINGING PRIMARY POWER TO SIGN
G “TIRE” & REG. MARK:
VINYL:
REG. MARK: 1ST SURFACE 3630-22 BLACK VINYL
3M 3630-22 BLACK
VINYL: 3M 3630-33 RED
3M 3630-22 BLACK
H1
H2
H3
H4
M
W
MOUNTING
M-1
M-2
WEEPHOLES:
(SEE FASTENER SCHEDULE)
(SEE FASTENER SCHEDULE)
¼” DIA. WITH COVER
NOTES: SEAL ALL PENETRATIONS WATER TIGHT CONDITIONS
M-3 (SEE FASTENER SCHEDULE)
M-4 MOUNTING FASTENER SCREWS
2” SPACERH6
I-L
I-D
12v JACKETED CABLE
UL LISTED DISCONNECT SWITCH
RACEWAY MOUNTING CLIP H5
ELECTRICAL NOTE: IT IS THE CUSTOMERS RESPONSIBILITY
TO PROVIDE 120 VOLT PRIMARY ELECTRICAL SERVICE
WITH DEDICATED CIRCUIT(S). INCLUDING GROUND WIRING
DIRECTLY FROM PANEL BOX WITHIN SIX (6) FEET OF SIGNAGE.
INSTALLATION TO MEET N.E.C., UL & LOCAL CODES
MOUNTING NOTE: INSTALLER IS REQUIRED TO
VERIFY ACTUAL FIELD CONDITIONS & PROVIDE
NECESSARY MOUNTING HARDWARE & METHOD OF
ATTACHMENT TO ENSURE SAFE INSTALLATION.
INSTALLATION TO MEET N.E.C., UL & LOCAL CODES.
NOTES:
1.ALL SEAMS PLACED AT TOP FOR MINIMUM VISIBILITY.
2.INSTALLATION TO CONFORM WITH SECTION 600 OF NEC.
3.LETTERS FABRICATED TO UL STANDARDS.
4.LETTERS TO BEC ONSTRUCTED TO PREVENT LIGHT LEAKS.
5.WEEP HOLES ARE FOR EXTERIOR LOCATIONS ONLY.
I-C
W
B
F
F
D
A
C
E
W
J
B
C
H
H¹
H⁶
H³
H²
G
G
6" +/- M-1
M-4
F
M-4
H⁴
ON
M-2
M-3
I-S
I-L
I-D
H⁵
J- BOX AND PRIMARY POWER, BY GC.
3” x 3” x .125 ALUMINUM ANGLE
1” x 1” x .063 ALUMINUM ANGLE
2” x 4 ½” x .125 ALUMINUM ANGLE (PRESS BROKE)
3” x 3” x .125 ALUMINUM ANGLE
USE WHITE PVC AS NEEDED TO
COVER FASTENERS (CUT TO SIZE)
ALUMINUM ANGLE FRAME
72 Designer:
PM
AMERICA’S TIRE CAN 12318
1625 SYCAMORE AVE
HERCULES, CA 94547
HOUSE
08.13.21 IP
JB
Client:
Address:
City/State:
Sales:
Date:
This is an original drawing created by Walton. It
is submitted for your personal use, however, it
shall at all times remain the property of Walton.
It may be used in connection with the project
being planned for you by Walton, but not
otherwise. You are not authorized to show
these drawings to anyone outside your
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PAGE SIZE: 11” x 17”H:\Discount Tire\_Locations\CA\CA Hercules CAN 12318\315726 Bldg Signage\DESIGNS Sheet: 8 of 8 12”
NON-ILLUMINATED BUILDING ADDRESS NUMBERS - RED
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73 Carl Walker, Inc. 950 West Elliot Road, Suite 116 Tempe, AZ 85284 Phone (480) 505-0088 Fax (480) 505-0090 Atlanta Charlotte Chicago Dallas Denver Indianapolis Kalamazoo Philadelphia Phoenix Tampa www.carlwalker.com
January 15, 2007
Mr. Steve Lawton
Community Development Director
City of Hercules
111 Civic Drive
Hercules, California 94547
Re: Task One Summary Report – DRAFT
Dear Mr. Lawton,
In September 2006, the City of Hercules retained
Carl Walker, Inc. (Carl Walker) to provide a parking
management study for Central Hercules. This parking study was divided into six specific tasks, including a review of existing and future parking conditions, development of parking management strategies and parking standards, development of a parking demand management ordinance, and the organization of a Central Hercules parking district. Background parking system data was provided by the City of Hercules.
Additional input was solicited from designated stakeholders during three study meetings that included city staff, project developers, and area transit administrators/planners.
This report represents the first deliverable for this project. This summary report addresses the scope items noted in Task 1 of the parking study, which included:
• Reviewing any pertinent studies/reports concerning parking or traffic in the study area.
• Reviewing and evaluating development plans and other parking demand variables, including the identification of potential new sources of parking demand and supply that may impact parking operations/management.
• Confirming the inventory of existing parking spaces in the study area.
• Conducting parking occupancy counts on one typical peak weekday. Vehicle, bicycle, mass transit and pedestrian circulation patterns were reviewed during the parking occupancy counts.
• Determining current and future parking surpluses and deficits by location/zone.
• Conducting meetings/interviews with primary stakeholders to gain their perspectives concerning parking in the study area. (Completed on November 16, 2006).
74 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
2 The study area is roughly bounded by John Muir Parkway to the north, Sycamore Avenue to the south and east (including all of the Waterfront Development), and the San Pablo Bay to the west. Some areas outside of these streets were also included. The following figure illustrates the study area (study area shaded in gray).
Summary of Current Parking Supply and Demand
Carl Walker conducted an initial field review and an inventory of parking spaces located within the Central Hercules study area on November 15 and 16, 2006. The parking spaces were classified into two primary categories, on-street and off-street. For this study, on-street spaces refer to spaces located on a roadway, adjacent to a block, oriented parallel or angled to the curb. Off-street spaces refer to spaces located within a block, and within the curb face. Generally, all on-street parking spaces were available for public parking while the majority of off-street spaces were reserved for a particular group (e.g., specific customers, reserved parking) The majority of the on-street parking spaces in the study area are located in residential areas. In this report, public parking will refer to parking that is unreserved, and therefore available to all user groups. Private parking will refer to parking owned privately and designated for a specific business or user group.
The Central Hercules study area currently has a total parking supply of 2,353 parking spaces. Of these, 1,310 parking spaces (56%) are in off-street parking areas and 1,043 spaces (44%) are located on-street.
The on-street parking inventory includes both marked parking spaces and locations where on-street parking is possible but not currently marked. The amount of on-street parking was estimated by Carl
Walker based on block face lengths and street widths.
75 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
3 Some parking areas could not be accurately inventoried, as they lacked parking stripes or existing stripes were not visible. In these situations, inventories were estimated based on the size of the parking area.
Off-street residential parking areas, including apartment complexes and private driveways were not counted in the parking inventory as they would not contribute to any shared parking opportunities.
The study area was divided into ten separate parking zones. These zones were delineated to better analyze the parking characteristics of each portion of Central Hercules. The following graphic illustrates the locations of each of the zones (outlined in red), and the number identifier for each zone. The zone numbers shown in graphic will identify each zone throughout this study.
The specific boundaries for each parking zone were:
1. Zone 1 – Bayfront Boulevard to the north, Sycamore Avenue to the south, Taraya Terrace to the east, and the commercial development west of Railroad Avenue to the west.
2. Zone 2 – Sycamore Avenue to the north, Promenade Street to the south and east, and Railroad Avenue to the west.
3. Zone 3 – Sanderling Drive to the north, Sycamore Avenue to the south, Willet Street to the east, and Taraya Terrace to the west.
10 8
4 3
2 1
6 7
9 Parking Zones
1 - Waterfront North
2 - Waterfront South
3 - Baywood Residential
4 - Bayside Residential
5 - “Riverview” Residential
6 - San Pablo Commercial
7 - Park and Ride Lot
8 - Creekside Center
9 - City Hall
10 - Sycamore Villas
5 76
City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
4 4. Zone 4 – Front Street to the north, east, and west, and Sycamore Avenue to the south.
5. Zone 5 – Sycamore Avenue to the north, San Pablo Avenue to the south, Tsushima Street to the east, and Crestridge Court to the west.
6. Zone 6 – The parking contained in the commercial development only (no on-street).
7. Zone 7 – The park and ride lot only (no on-street).
8. Zone 8 – The parking contained in the commercial development only (no on-street).
9. Zone 9 – The public parking and employee parking for the City Hall building only (does not include the parking associated with the new library and the senior apartments).
10. Zone 10 – The parking located within the Sycamore Villas development only.
The following two subsections summarize the current parking supply by type (off-street versus on-street).
Off-Street Parking Supply
The study area contained an approximate total of 1,310 off-street parking spaces. There are currently 47 public off-street parking spaces (north of City Hall) and 1,263 private parking spaces. Most of the off-street parking spaces are located in the commercial center on San Pablo (Zone 6), the Park and Ride Lot (Zone 7), and the Creekside Center (Zone 8). Based on current parking space inventories, the city controls approximately 6% of the total off-street parking supply. The relatively low number of off-street public parking spaces is not unusual, as most privately built parking lots are intended to serve a specific development only. The publicly owned off-street spaces are currently controlled using time-limits and signage, and do not employee any other management method such as parking meters, parking permits, exit cashiering, etc. Of the remaining 1,263 off-street parking spaces, the vast majority are reserved for employees and visitors of specific businesses or buildings.
On-Street Parking Supply
The study area contains approximately 1,043 on-street spaces, all of which are controlled by the city.
The on-street parking is available to the public on a first-come-first-serve basis, and there are currently no time restrictions or parking technologies (e.g. parking meters, etc.) utilized.
Approximately 93% of the on-street parking spaces are located in neighborhoods. While these spaces are theoretically available to the public, some are utilized by residents on a regular basis as they are conveniently located to their homes. Parallel parking is provided on many streets, and approximately 74 angled parking spaces are provided on Sycamore Avenue (in Zone 4).
The following table illustrates the off-street and on-street parking inventory for each parking zone.
77 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
5 Off-Street Supply On-street Supply
Zone 1 34 240
Zone 2 0 200
Zone 3 0 130
Zone 4 0 350
Zone 5 0 64
Zone 6 118 0
Zone 7 248 0
Zone 8 834 0
Zone 9 76 0
Zone 10 0 59
Totals 1,310 1,043
After the parking inventory was completed, Carl Walker conducted an occupancy survey to determine how many parking spaces were utilized during a typical peak parking period. The completed survey provided a “snapshot” of parking occupancy, and did not attempt to determine the absolute peak parking period. Based on other similar municipal parking occupancy studies conducted by Carl Walker, it was determined that the surveys would be conducted every two hours between 8:00 a.m. and 4:00 p.m. (starting at 6:00 a.m. in Zone 6), with additional counts in the residential areas between 7:00 p.m. and 8:00 p.m. The occupancy surveys were conducted on Wednesday, October 25 and Thursday, October 26, 2006.
The parking occupancy surveys looked at two basic categories of parking, on-street and off-street. The intent of the survey was to determine the overall level of parking utilization in each zone, as well as the entire study area. The results of the surveys will serve as a baseline for determining future parking expansion needs and management options.
The overall peak period of parking occupancy occurred at 12:00 p.m. on Thursday, October 26, 2006.
During this period, a total of 982 parking spaces were occupied. This level of usage translates into 41.73% of the total parking supply. During the peak period of parking occupancy approximately 31.4% of the on- street parking supply and 50% of the off-street parking supply was occupied. Zone by zone parking occupancy statistics for each day will be provided in the final study report.
The following table illustrates the total observed occupancy levels for all zones in the study area.
78 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
6 Occupancy Survey Summary - October 26, 2006
Parking Type 8am 10am 12pm 2pm 4pm
Off-Street Occ. 480 591 655 640 551
On-Street Occ. 372 362 327 301 308
Off-Street Supply 1, 310 1,310 1,310 1,310 1,310
Space Available 830 719 655 670 759
% Occupied 36.64% 45.11% 50.00% 48.85% 42.06%
On-Street Supply 1, 043 1,043 1,043 1,043 1,043
Space Available 671 681 716 742 735
% Occupied 35.67% 34.71% 31.35% 28.86% 29.53%
Total Supply 2,353 2,353 2,353 2,353 2,353
Space Available 1,501 1,400 1,371 1,412 1,494
% Occupied 36.21% 40.50% 41.73% 39.99% 36.51%
The following table provides a summary of off-street and on-street parking occupancies, by zone, observed during the individual peak period of parking demand for that zone. The highest concentrations of parking occupancy occurred in Zones 6, 7, and 10. The peak period of parking in residential areas occurred during Wednesday evening. The parking in Zone 7 (the Park and Ride Lot) was full by approximately 6:00 a.m. on Thursday.
Zone 1 274 79 28.8% Wed. - 8:00 p.m.
Zone 2 200 94 47.0% Wed. - 8:00 p.m.
Zone 3 130 50 38.5% Wed. - 8:00 p.m.
Zone 4 350 158 45.1% Wed. - 8:00 p.m.
Zone 5 64 19 29.7% Wed. - 8:00 p.m.
Zone 6 118 91 77.1% Thur. - 2:00 p.m.
Zone 7 248 248 100.0% Thur. - 6:00 a.m.
Zone 8 834 287 34.4% Thur. - 12:00 pm
Zone 9 76 29 38.2% Thur. - 12:00 pm
Zone 10 59 37 62.7% Wed. - 8:00 p.m.
Overall 2,353 982 41.7% Thur. - 12:00 p.m.
Peak Period
% Occupied at
Peak
Total Parking
Supply
Peak Parking
Occupancy
In determining the current parking adequacy for each zone, it is important to define two terms typically used in analyzing parking adequacy: Effective Supply and Design Day Conditions. When a parking area’s occupancy reaches 85-90% of the total capacity, depending on the user group, the area becomes effectively full. When parking lot occupancy exceeds effective capacity, users become frustrated as it becomes increasingly difficult to find an available parking space. Users will begin to either park illegally in the lot or leave the lot altogether and search for parking elsewhere. When faced with significant parking difficulties in a downtown environment, visitors can choose to avoid the downtown altogether and shop in the suburbs. The effective supply percentage for parking in each of the parking zones has been estimated at 90%. This 10% “cushion” of spaces is used to accommodate spaces lost temporarily due to construction, improper or illegal parking, and provides for shorter searches for available parking.
79 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
7 Design day parking conditions attempt to represent typical peak activity that may be exceeded only occasionally during the year. Due to the limited nature of the occupancy study for this project, as well as the time of the year the surveys were completed, design day adjustments will not be factored into the adequacy model. The occupancy survey that was conducted provided an adequate “snapshot” of parking conditions during a typical peak parking period.
The following table illustrates the observed parking adequacy for each zone, based on the peak period of parking occupancy. Overall, there is a substantial surplus of parking available in Central Hercules.
Zone 1 274 247 79 168
Zone 2 200 180 94 86
Zone 3 130 117 50 67
Zone 4 350 315 158 157
Zone 5 6 45 81 9 3 9
Zone 6 118 106 91 15
Zone 7 248 223 248 -25
Zone 8 834 751 287 464
Zone 9 7 66 82 9 3 9
Zone 10 59 53 37 16
Overall 2,353 2,118 982 1,136
Total Parking
Supply
Effective Parking
Supply (90%)
Occupied Spaces
at Peak
Estimated Parking
Adequacy
Based on the effective parking supply of the study area, there is currently an overall parking surplus of approximately 1,136 parking spaces, or approximately 54% of the effective supply. The only zone with an estimated parking deficit is Zone 7 (the Park and Ride Lot). The actual parking deficit is probably much larger, as many people were observed parking on John Muir Parkway and walking to the Park and Ride Lot. Approximately 75 vehicles were parked on John Muir Parkway by 12:00 pm on Thursday. Therefore, the actual parking deficit for Zone 7 may be 100 spaces or more.
Current land use data for the study area by building square footage was not provided for this report. So, parking adequacy is based solely on observed parking demand. As vacancy rates for both commercial and residential land uses are not currently quantified, observed parking demand may be lower than the demand that would be calculated for the downtown land uses.
It is important to note that while a significant parking surplus exists in all areas, a substantial portion of the parking is private and use is restricted. Of the total off-street and on-street parking supply in the study area, approximately 46% (or 1,090 spaces) is public parking, with the remaining 54% (or 1,263 spaces) of the parking supply restricted to a specific user group (e.g. city employees, business employees, specific customers only, etc.) At the overall peak parking period (Thursday at 12:00 p.m.), approximately 33% of the public parking supply and 50% of the private parking supply was utilized. It is also important to note that a significant portion of the public parking is located on-street in residential areas. This parking will most likely not be available to support future commercial parking needs.
80 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
8 The utilization of available parking supplies was low to moderate in most zones. However, parking utilization was moderately high in Zone 6 and effectively full in Zone 7. The parking demand for Zone 6 peaked between 12:00 p.m. and 2:00 p.m. on Thursday, as people visited the restaurants contained in the development. While the available parking in Zone 6 never filled, the vehicle traffic inside the parking lot created delays in finding open parking spaces and entering/exiting the lot.
The parking lot in Zone 7 provides parking for people using mass transit to get to surrounding cities as well as for carpoolers. As stated previously, the Park and Ride Lot (Zone 7) was completely full by approximately 6:00 a.m. Assuming an effective supply of 90%, the parking deficit in this zone could be 100 or more spaces. As this zone currently has the highest level of utilization, additional time was spent observing parking conditions in the Park and Ride Lot. The following observations were made in the Park and Ride Lot during the parking occupancy counts.
• The parking lot contains a small carpool staging area on the south side of the lot. This staging area is not large enough to support the current level of carpool demand. The total number of vehicles waiting for carpoolers reached approximately 20 vehicles at peak. The existing staging area can support approximately six vehicles. Some carpool vehicles (approximately five to six vehicles at a time) parked in the southern bus pullout area. The vehicles parking in the pullout used approximately one-half of the available pullout space. Only two buses used the pullout area during the peak period of carpool activity (for approximately 10-15 minutes).
• Vehicles began periodically backing-up onto Sycamore
Avenue by 6:00 a.m. While periodic traffic back-ups were noted, they were generally short. The single entry/exit point on Sycamore Avenue began backing-up due to:
o a high volume of entering vehicles;
o a high volume of exiting vehicles (carpoolers);
o pedestrians crossing the entry/exit point to reach
vehicles parked in the southern bus pullout
(carpoolers);
o the movement of carpool vehicles from the staging area to the southern bus pullout.
While traffic occasionally backed-up on Sycamore Avenue, it appeared that the back-up was due more to general traffic volumes, as well as the spacing and timing of the traffic lights, than the Park and Ride Lot.
• After the parking lot filled, vehicles continued to enter the parking lot looking for parking. There is currently no “Lot Full” sign or counting system in the lot. While vehicles did continue to enter the parking lot, the volume of vehicles entering the lot did not cause significant internal traffic issues.
• A large number of the vehicles parking in the lot appeared to belong to carpoolers, opposed to transit riders. During the observation period, the large majority of parkers were catching carpools 81 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
9 and few were seen entering buses. Additional studies may be necessary to quantify the number of carpool parkers using the lot.
• Carpool pick-up activity was active through approximately 9:00 a.m.
Several alternatives exist to improve the parking situation in the Park and Ride Lot. Options to improve parking conditions could include:
• To reduce carpool parking challenges in the lot, underutilized parking in the study area could be used to provide alternative carpool parking. For example, the underutilized parking located at the Creekside Center or at the church on the eastern edge of the study area could provide carpool parking.
Obviously, this would require the approval of the land owner.
Sufficient steps would need to be taken to ensure carpool parking could be provided without adversely impact existing parking operations. Also, some carpoolers return to their vehicles in the afternoon using public transit. Therefore, any relocated carpool parking will need address this issue.
• The institution of parking fees may work to limit parking demand.
• Lot counting systems, with variable message signs, could be installed to alert drivers that the parking lot is full. Signage could also be located on freeway exits to direct drivers to other parking options if the lot is full.
• The bus pullout located on the southeast edge of the lot could become carpool staging. Currently, one-half of the pullout is used for carpool pick-up. Based on observing traffic in the lot, the whole pullout could be used for carpool staging – providing space for approximately six additional carpool vehicles.
• The southern entry/exit point could be designated for buses only. This would force all passenger vehicles to the northern entrance. As the parking lot is fairly small and fills early, a single entry exit point may be adequate. Enforcement of this option may be difficult.
Preliminary Projection of Future Conditions
Currently, the City of Hercules has a number of possible future development projects in the planning stages that will impact parking in the study area. These projects include transit, residential, retail, restaurant, and office projects. As of November 2006, the potential developments were estimated as follows:
82 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
10 1. Penterra Development – This development is currently projected to include up to approximately 55,000 square feet (s.f.) of retail space and up to 120 residential units. The development would be located south of Sycamore Avenue, adjacent to Zone 5.
2. Masonic Development – This development would be located adjacent to Zone 2, on San Pablo Bay. The development is projected to include five single-family homes, a small business office building, and a Masonic Lodge (including 4,000 s.f. of restaurant space and five apartments).
3. Bayfront Development – This development would be located adjacent to Zone 1, on San Pablo Bay. The Bayfront
development is anticipated to include 18 live/work units, with approximately 90,000 s.f. of space, and 20,000 s.f. of
commercial/office space.
4. New Town Center (West Portion) – New Town Center is a conceptual plan for the development of a significant amount of new residential, commercial, and structured parking on the site of the existing Park and Ride Lot.
This development is still highly conceptual, and is anticipated to be fully built-out in 10 or more years. The western portion of the development (anticipated for Zone 7) would include approximately 200 to 300 residential units, 96,000 s.f. of commercial space, and approximately 900 structure parking spaces.
5. New Town Center (East Portion) – This portion of the New Town Center development, anticipated for north of Willow Avenue (east of Interstate 80), would include approximately 1,500 to 2,200 residential units, 150,000 to 250,000 s.f. of commercial/retail space, 300,000 s.f. of office space, and as many as 6,100 structure parking spaces (with up to 500 parking spaces for transit users/carpoolers). As with the West Portion, this development is still conceptual.
6. Waterfront Development – This development would be
located north of Zones 1, 2, and 3. The development is
anticipated to include up to 1,500 residential units, 80 senior housing units, 100 hotel rooms, 60,000 s.f. of
hotel conference space, 100,000 s.f of office, 25,000 s.f. of retail spaces (in addition to the 20,000 s.f. included in the Bayfront development), and 53,000 s.f. of flexible
commercial space. This project is still under
development, with a more detailed project description
scheduled to be completed in mid-January. It is not yet clear exactly how much parking may be provided with
the project.
83 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
11 7. Bio-Rad Development – Bio-Rad is anticipating adding an additional 200,000 s.f. of lab, office, and manufacturing space north of Zone 3 (just outside the study area). This additional space will increase the parking demand for employees in the area, and may impact parking in nearby developments and residential areas.
8. Sycamore Downtown - This development would be located north of Sycamore Avenue, within Zone 4. This development is currently projected to include up to approximately 30,140 s.f. of retail space and up to 104 residential units.
The following figure illustrates the location of each of the anticipated development projects. The projects are identified by number.
Each of the aforementioned development projects will impact existing parking supplies and demand. To project future parking adequacy, the anticipated parking demands for each development project were estimated (where possible). Potential future parking demands were estimated using existing city parking requirements, as well as the ULI Shared Parking Model. Finally, the estimated parking demand was compared to the available parking within the area each development is located. The following table illustrates the projected parking supply and demand impact of each projected development project. 1 2
3 5
4 6
7 8
84 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
12 Project
Estimated Parking
Required per City
Requirements
Projected Parking
Demand per ULI Shared
Parking
Parking Supply
Included with
Project
Projected Parking Surplus/Deficit Comments
1. Penterra Development 433 spaces 383 spaces TBD
Surplus/deficit will depend on how many parking
spaces are provided with the project. Some on-
street parking on Sycamore may be available
(depending on the Sycamore Downtown project).
2. Masonic Development There is currently very little surplus parking available nearby (primarily on Railroad Ave.)
3. Bayfront Development
Surplus parking may be available on Bayfront Blvd.,
depending on the impact of the Waterfront
Development.
4. New Town Center (West) 984 spaces# 870 spaces Approx. 900 spaces The amount of parking needed for this
development will depend on the final design.
However, the estimated need for 900 spaces
appears close to the demand that Carl Walker
would project.
5. New Town Center (East)* Low Est. = 5,300 spaces;
High Est. = 7,100 spaces
Low Est. = 3,570 spaces;
High Est. = 6,000 spaces
As many as 6,100
spaces
The amount of parking needed for this
development will depend on the final design.
However, the estimated need for 6,100 spaces
appears close to the demand that Carl Walker
would project.
6. Waterfront Development
3,980 spaces (not including
the hotel conference
space, which is not
addressed in the code).
4,003 spaces, including the
hotel conference space.
Without the conference
space, 3,184 would be
estimated.
TBD
The amount of parking needed for this
development will depend on the final design.
According to preliminary designs, a significant
amount of on-street spaces will be created. The
estimated parking shown does not include parking
for transit users.
7. Bio-Rad Development
This development will increase the need for long-
term employee parking. Sufficient parking will
need to be provided to minimize impacts on
neighborhoods.
8. Sycamore Downtown 331 spaces 273 spaces 194 spaces (surface and structure)
Surplus on-street parking is available on Sycamore
Avenue (as many as 74 spaces). The Penterra
development may impact how many spaces on
Sycamore are available (and vice-versa).
* = The parking needed for the 150,000 s.f. to 250,000 s.f. of commercial space is estimated at 4/1000 s.f. Estimates include 500 spaces for transit parkers.
Notes:
# = The parking needed for the 96,000 s.f. of commercial space is estimated at 4/1000 s.f. 300 residential units were assumed.
TBD - Parking demand will depend on the square footage of the Masonic Lodge.
TBD - Will depend on the division of space in the live/work units and the final square footage of provided retail space.
TBD - Parking demand will depend on the square footage of each land use (e.g. lab, office, manufacturing, etc.)
Please note that the projection of future parking conditions does not include any adjustments relative to the impact of captive market conditions or the use of alternative modes of transportation. These adjustments could reduce the amount of parking required for applicable developments. At present, these adjustments would probably be modest in Hercules, although future changes in transportation and pedestrian/bicycle connections could reduce parking demand.
85 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
13 Clearly, all of the anticipated developments will have an impact on parking in the study area. Projects 2, 3, and 7 will need further definition to project parking demands, but they can obviously impact parking in the zones adjacent to the developments. Projects 4, 5, and 8 appear to be providing an amount of parking that is close to the estimated need. This is particularly important for the Sycamore Downtown and New Town Center (West) projects, as they will need to minimize or eliminate the potential impact on parking in nearby neighborhoods. The final two projects, the Penterra Development and the Bio-Rad development do not currently have projections on how much parking will be provided with new construction.
However, sufficient parking will need to be provided to minimize impacts on surrounding neighborhoods.
In addition to the development projects previously noted, there are other transit related issues that will impact parking in the study area. These issues include:
• Bay Area Rapid Transit (BART) is considering charging for parking in the existing Park and Ride Lot. Monthly parking permits ($63 per mo.) and daily parking ($3 per day) will be provided. A parking fee reduction may be provided to people who park in the lot and then use mass transit (no parking fee reduction for carpoolers). Daily parking fees will be collected using automated cashiering equipment, and parking enforcement will be provided by BART. It is anticipated that the parking fees will be in place within the next six months.
The collection of parking fees in other BART parking facilities have created some parking vacancies, as parkers move to other parking options. As a large number of the people using the parking lot may be carpoolers, parking fees may lead some to look for parking elsewhere. This could have a profound impact on nearby parking supplies (e.g., on-street spaces, neighborhoods).
• The Water Transit Authority (WTA) is currently in the process of developing a ferry landing on San Pablo Bay (adjacent to, or perhaps part of, the Waterfront development). The potential parking need is still not clear, as design work is ongoing and the project timeframe is quite long (construction beginning in 2013). However, the parking needed to support ferry services could be significant. Based on information from a 2004 parking study for the ferry service in Vallejo, California, the parking needed to support ferry customers was projected at between .375 and .41 parking spaces per daily rider. Reviewing parking occupancy for the Vallejo ferry stop, over 1,100- 1,200 parking spaces are fully utilized for a daily ridership of approximately 3,000.
• Rail service may be provided in the area in the future (Capital Corridor Rail Station), with construction anticipated to begin in 2008. It is currently anticipated that the service would include approximately 16 to 18 stops at the Hercules station each day (in each direction of travel). While ridership data was not available for this report, it has been estimated by the rail operator that approximately 300 parking spaces will be required for rail station patrons. Additional analysis will be required once ridership data is available.
Preliminary Options and Recommendations
The current vision for Central Hercules includes many elements. The area is planned to become a more important social and commercial center, with the development of new residential, restaurant, retail, and 86 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
14 office space as central focal points. This vision will result in higher parking demands, and denser land uses, than the current environment. To support the current development vision, the city desires to create a more pedestrian friendly environment with sufficient parking. With this in mind, and after reviewing existing conditions, Carl Walker offers the following preliminary issues, options, and recommendations related to providing parking in Central Hercules (some of which may be detailed further in the remaining tasks of this study):
• While there is currently a substantial surplus of parking located in Central Hercules, most of the parking is
located in private parking lots or residential areas.
Therefore, new parking supplies will be needed in the
future to support the anticipated developments. In
order to address future parking needs,
Carl Walker
recommends the following methodology:
o Ensure the land use information for the area is
current. This will provide additional insight
into existing parking demands. The land use
data should be updated as new developments
occur.
o The first step in planning for future parking needs is to determine typical parking demands.
This is usually achieved by completing a parking supply and demand survey. As was completed as part of this study, this would entail maintaining current parking space inventories and conducting parking occupancy counts. This will provide a baseline of demand data from which to project future parking needs. These surveys will also help determine the correct mix of short-term and long-term parking (based on the utilization of each type of parking).
o Project the parking needs of each proposed development using city parking codes. Ideally, the code would be updated to address some of the issues noted in this report. Determine how parking demand for the new development will fluctuate during the day by using a shared parking model (a sample model will be provided by Carl Walker as part of this
study, based on Urban Land Institute data). Determine how parking demand for the proposed development will impact parking supplies during the period of greatest parking demand. Adjustments for reductions in parking demand can also be made, due to captive market effects, the utilization of alternative modes of transportation, and various parking management strategies.
o Once parking demands have been projected, determine how the development will impact existing conditions. If the development creates a parking deficit within the area in which it is located (the area would typically be a one to two-block radius surrounding the development), additional parking supplies may be necessary.
87 City of Hercules
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15 o While the parking demand for many land uses can be spread over greater distances, the creation of residential space in the downtown should include sufficient adjacent parking.
Sufficient parking generally means enough parking to meet projected demands. Residential developments that lack sufficient parking can be difficult to effectively market, and conflicts could arise should a significant use of public parking spaces be required to support commercial projects. This is not to say that two parking spaces per unit should be required, as many factors may reduce parking demand (e.g. transit availability, parking prices, availability of services – such as markets, personal services, etc. – within acceptable walking distances).
o Future downtown developments should include sufficient ADA accessible parking on-site.
The city should require developments to provide a suitable portion of their required parking on-site (or directly adjacent to the site) to ensure enough accessible parking is provided. This parking could be provided in a city parking facility adjacent to the development. Sometimes, parking demand for accessible parking may be larger than the minimum requirements. In order to ensure sufficient space is provided, periodic reviews of accessible parking demand should be part of larger parking inventory and occupancy surveys. Through periodic occupancy studies, and community input, the city will be in position to ensure sufficient accessible parking is provided.
• The existing parking zoning code, while providing a significant amount of guidance on parking issues, could limit flexibility in meeting future needs and addressing community development goals.
Carl Walker would recommend that the city consider updating the parking zoning code to better address the following issues:
o Shared Parking – The current city
parking code does not appear to allow
for the calculation of parking demand
using a shared parking methodology.
The lack of a shared parking
methodology can lead to the creation
of too much parking in the study area.
Shared parking is defined as parking
that can serve more than one single
land use, without conflict. Shared
parking is generally applied to mixed-
use developments, or downtown
developments composed of several
different land uses (e.g. retail, office,
theater) that are significantly integrated. Using the shared parking model reduces the amount of parking needed for a mixed-use development (or other groupings of adjacent land uses), as the effect of sharing parking requires fewer spaces than the sum of the parking needed for the individual land uses. It is recommended that the zoning code be updated to utilize the latest Urban Land Institute shared parking model (2005). A shared 88 City of Hercules
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January 15, 2007
16 parking methodology and electronic model (based on the Urban Land Institute model) will be provided to the city as part of this report.
o Flexibility in Meeting Parking Requirements – The existing city code does not provide much flexibility in determining parking demands for a potential development, nor alternatives for meeting parking demands. Adding flexibility in calculating and meeting parking requirements can ensure sufficient parking is provided without creating unnecessary parking supplies or sacrificing community development standards. Flexibility can be added through shared parking concepts (as noted in the previous bullet point), allowing development specific parking studies to set demand, the use of parking in-lieu fees, etc.
Many zoning codes require that the parking provided for a specific land use be located relatively close to the structure that the parking will support. This would include setting maximum distances (in feet) from the building, as well as restrictions on providing parking across streets and alleys (if any are set). It is common for small community zoning codes to require parking lots be located either on the same parcel as the primary parking demand generator or within 300 feet of the building they serve. Setting this limit will allow developers to determine if underutilized parking resources exists within an acceptable walking distance. If developments will be allowed to use the parking contained within another property, and owned by another individual or group, it is important that sufficient documentation be provided that guarantees the parking will be available for the anticipated lifespan of the development. This documentation could be provided by way of a written parking agreement or property covenant. Additional provisions could be included in the agreement requiring the developer to either construct the necessary parking, or pay an in- lieu fee to the city, should the off-site/shared parking become unavailable.
Parking demand for a development can vary greatly from published parking demand ratios.
Therefore, it is often a good practice to allow developers to conduct site specific parking demand studies to determine parking needs. This would allow developers and property owners to more accurately determine parking demand using either a shared parking model or a detailed parking supply and demand study. Shared parking could also be applied to developments that incorporate residential land uses as well.
Finally, developers and property owners should be provided the option of using alternatives to constructing parking to meet parking demands. This is commonly accomplished through parking in-lieu fees or special development assessments. The current city code does not include a provision for parking in-lieu fees. An in-lieu fee would allow developers to pay the city for the right to not construct a portion or all of the parking required by the development. The funds raised through parking in-lieu fees would help fund future public parking facilities constructed by the city. This could be a specific development fee or an in-lieu fee.
The use of parking fees like in-lieu can have several advantages:
89 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
17 o Offering parking in-lieu fees provide developers with an option to providing expensive on-site parking. The cost of purchasing land and funding lot construction is typically more expensive for developers than paying the in-lieu fees.
o Parking in-lieu fees can encourage shared parking. As developers stop constructing small private parking facilities, parking is consolidated into larger public parking supplies. This can result in a more efficient use of available land, the creation of fewer parking spaces, and conditions that encourage pedestrian movement between developments.
o The city would have more control over where parking resources are located and how they are operated and managed.
o Constructing public parking facilities provides the city with more control over how the facilities are designed.
While the use of developer parking fees can provide a lot of benefits to the city, there are also some potential drawbacks:
o Parking may be located less conveniently to primary destinations. As parking is consolidated into fewer locations, some primary destinations will be located further away than if they provided their own parking.
o As the city creates more public parking facilities, the city will have to cover annual operating, maintenance and management costs.
o As shared parking would be used, fewer parking spaces would be created. This could mean more traffic and frustration during unusually high periods of parking demand, such as during special events.
o The use of these fees could discourage development of the downtown in favor of suburban locations with space for surface parking.
o Depending on how the construction of the parking facility is financed, the city could be limited in how the facility is used to provide parking for private developments.
o The in-lieu fees collected must be held for parking construction only. If the fees collected are allocated elsewhere in the city government, funds may not be available to construct necessary parking facilities. This will obviously anger those that paid the fees in the anticipation of future public parking facilities.
o The timing of parking facility construction needs may not occur at the same time sufficient funds exist.
90 City of Hercules
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January 15, 2007
18 The fees charged to developers are typically determined by either the cost of land or the typical construction cost of parking per parking space. The construction cost per space could be set at the cost to provide surface or structured parking. For example, a municipality may decide to charge the current typical construction cost of a structure parking space at $18,500 per space. A development that would typically be required to provide 50 parking spaces would therefore be charged $925,000 in-lieu of providing the necessary parking. This fee could be converted into an impact fee of “X” dollars per square foot by dividing the total calculated parking in-lieu fee by the gross square footage of the development. Carl Walker would recommend setting development fees or in-lieu fees at a minimum of providing structured parking to help fund future parking construction. This fee would not be a requirement, but would be another option that developers could use to provide parking for their projects.
o Shopping Center Parking Requirements – The current city code provides a parking requirement for shopping centers as a single land use. This can result in inaccurate parking demand calculations as shopping centers
contain varying land uses. For example, a
shopping center with a significant amount of
restaurant space will have a higher parking
demand than a shopping center that contains
purely retail land uses. Therefore, it is
recommended that the city consider
eliminating the shopping center parking
requirement, and instead calculate the parking
needed for shopping centers based on the
individual land uses using a shared parking
methodology.
o Bicycle Parking Requirements – Some municipalities include requirements for bicycle parking in their parking zoning codes. This is done to encourage the use of alternative modes of transportation and to reduce the likelihood of people chaining bicycles to street signs, benches, etc. Bicycle parking requirements are typically based on a percentage of the parking that is required to be provided or the square footage of the land use. The city could start with a small requirement, perhaps a minimum of two bicycle parking spaces per land use, and then monitor usage to determine if a higher requirement would be warranted.
o Parking Space and Facility Design Standards – While the stall size described in the code is similar to parking industry standards (currently nine feet wide by eighteen feet long), the lack of more detailed dimensions should be addressed. The code should include all parking design standards so that developers, architects, etc. can better prepare the necessary parking site plans.
Carl Walker typically recommends the following parking
design standards:
91 City of Hercules
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January 15, 2007
19 In addition to space dimension standards, additional clarification is needed for facility design standards. First, are tandem parking spaces permitted in Hercules? Tandem parking spaces are spaces placed end to end with the potential that one parked vehicle could block another parked vehicle. Tandem parking spaces are typically found in residential developments (usually where one household owns both vehicles using tandem spaces) or in situations where valets are parking vehicles. The city should define the situations where tandem parking will be permitted, if it is permitted at all.
A second issue is the design of parking structures. The existing city code does not currently address design standards for structured parking facilities. Generally, downtown design standards would provide additional parking location and design requirements.
Issues such as parking structure façade treatments, screening and landscaping, location of 92 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
20 on-site parking and set backs would be addressed, as well as adjustments in parking space requirements. However, the current zoning code does not address parking facility design beyond basic surface lot issues. Design requirements such as acceptable ramp slopes, drainage issues, parking access drives, adjustments for angled parking spaces and one-way traffic flows, turning radii, sight distances, signage requirements, etc. should be defined and included. For example, the code does not specify any ramp slope requirements for parking facilities. Ideally, maximum parkable ramp slopes (ramps that have parking spaces on them) should be set at 5-6% and maximum non-parkable ramp slopes (such as access drive aisles) should be set at 12% (with the requirement of transition slopes at the top and bottom of ramps with slopes greater than 10%).
Finally, parking facility lighting is another item only minimally addressed in the existing zoning code. Parking lot lighting requirements should include photo-cell regulated lighting with a minimum requirement of 2 footcandles to meet current Illuminating Engineering Society of America recommendations for downtown parking facilities.
o Accessible Parking Requirements - The current city code includes a provision that requires a minimum amount of accessible parking for each development. The accessible parking required is based on building square footage, and not on the number of parking spaces provided. The current zoning code does not meet current ADA accessibility guidelines related to parking, does not provide requirements for van accessible parking, and does not specify parking design requirements. The city needs to update accessible parking requirements as soon as possible to meet current requirements. Basic parking requirements are calculated based on the number of parking spaces provided (by lot/facility) as follows:
Total Parking Provided in
Lot
Required Minimum Number of
Accessible Spaces*
1 to 25 spaces 1
26 to 50 spaces 2
51 to 75 spaces 3
76 to 100 spaces 4
101 to 150 spaces 5
151 to 200 spaces 6
201 to 300 spaces 7
301 to 400 spaces 8
401 to 500 spaces 9
501 to 1,000 spaces 2% of the total parking provided
1,001 spaces and over 20 plus 1 space for each 100 spaces provided over 1,000
* = Fractions are rounded up to the next whole number.
93 City of Hercules
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21 Parking stall size requirements are typically set at 8’ wide with either a 5’ or 8’ access aisle (with the larger access aisle for van accessible spaces). An accessible space and access aisle cannot be placed at a location with a running or cross slope greater than 1:50 (2%).
It is also recommended that the city update the current ADA accessibility parking requirements to include higher parking requirements for certain medical facilities. The amount of accessible parking provided for hospital/medical office land uses that provide outpatient units and facilities should equal 10% of the total parking provided. Medical land uses specializing in the treatment of mobility impairments should provide 20% of the total parking provided as accessible parking.
ADA parking requirements may change in the near future, and the city will need to update this section of the code in the future.
o Valet Parking – The current city code does not provide a provision for valet parking.
While there may not be an existing need for a valet parking provision, this may become necessary in the future. The zoning code should address the issue of valet parking by requiring city review and approval of all valet parking plans, proper use of on-street parking for valet staging/parking (if permitted), insurance requirements, vehicle cueing space, etc.
• To support community development goals, future parking lots and structures should be located within developments and parking structures should incorporate ground-level commercial space.
Surface parking lots should include landscaping that can provide shade to parked vehicles. This can be accomplished through the use of fast growing, low water shade trees. These trees can be planted around parking lots and in internal landscaped islands. Pedestrian paths to/from parking facilities could also provide shade in a similar fashion. This will help make the off-street parking facilities more attractive to downtown parkers. Parking facilities should also include standard Crime Prevention through Environmental Design Standards (CPTED), such as adequate lighting, active and/or passive security features, elimination of “hiding” places, etc.
• When planning for parking there is a built in conflict to which all municipalities can easily relate. The conflict revolves around three primary factors: Cost, Convenience and Supply. Unfortunately, usually you can have only two of the three. Given this basic problem, keeping all
customers satisfied is an on-going challenge. Having well- defined parking principles is one way of addressing the policy decisions required by this inherent conflict.
Guiding principles add value in two primary areas. First, the establishment of a set of approved operating guidelines helps define the role and relationships of parking within the larger organizational structure. Secondly, guiding principles can emphasize the importance of planning for parking. They are not intended to replace policies and procedures. In general, the parking principles should be kept short and concise, a maximum of one or two typed pages. Some of the 94 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
22 items typically incorporated in such a document by other municipalities include mission/vision, funding strategies, approved uses of parking revenues, parking allocation strategies, departmental relationships, enforcement and maintenance responsibilities, etc.
A set of guiding principles will be developed in later phases of this study.
• As many of the projected future development projects
will be occurring close to neighborhoods, a provision
for neighborhood permit programs may be necessary.
Ideally, sufficient parking will be provided with each
development so that neighborhood parking is not
attractive to development visitors. However, the reality is that on-street parking is tempting for short-term
parkers. Add to that the institution of pay parking in the Park and Ride Lot, and residential parking
restrictions may be unavoidable. Possible
neighborhood parking strategies will be detailed in later phases of this study.
• Parking system management will become more important as Central Hercules continues to develop. Communities the size of Hercules rarely have designated parking departments within city government or quasi-governmental organizations responsible for parking (e.g. parking authorities, downtown development organizations). However, parking management responsibilities do exist.
For example, some person or department must be responsible for issues like parking system maintenance, planning for future developments, special event planning, handling parking related complaints/concerns, communicating parking issues to the public, etc. Also, additional responsibilities could arise in the future, such as parking enforcement or parking revenue collections.
While a parking specific department is not currently recommended, the city should consider designating one department as responsible for parking related issues. This department would coordinate parking maintenance, participate in planning for future parking needs, provide assistance with
planning for special event parking, deal with parking
complaints/concerns, etc. This department need not
directly provide all of these services, as these
responsibilities could be distributed horizontally
throughout the existing city department structure. For example, parking maintenance could be provided by
Public Works and parking enforcement could be
provided by the Police Department. However, the
community should have a single city contact for all of its parking related concerns.
95 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
23 As the downtown grows in the future, the need for a parking-specific department could arise.
Municipal parking services tend to evolve over time. At first, parking is largely unregulated.
During this stage most off-street parking is privately owned, and the largest supply of public parking is located on-street. The initial formation of parking system management typically begins as a small component of an existing city department, such as Public Works or the Police Department.
As a downtown becomes more densely developed, parking tends to combine into larger facilities or structures. At this point, paid parking is established to pay for the growing infrastructure and parking enforcement is instituted. As structures tend to be publicly owned, the need arises for an organization to operate and manage the parking supply. Ideally, once the system has reached a significant size, parking responsibilities would be vertically integrated within a single department or organization to improve overall parking system management.
There are typically three approaches commonly used to address the need for parking system operations and management. First, an internal city parking services department could be created.
This department could stand alone, or be a sub-department of another department (e.g. a division of Public Works, Economic Development, etc.) The operation of the system could be completely in-house, or the department could receive services from another city department or private parking operator. Second, the city could create a parking authority. This authority would consist of an executive director and a board composed of members of the downtown community. Board members could include members of other organizations (e.g. the Chamber of Commerce, Downtown Business Association), downtown business owners, members of the general public, and city staff. Finally, the city could contract with an outside organization to provide parking system operations and management. For example, the city could contract with a downtown business organization or a private parking operator to provide parking system management.
It is important to note that whatever the parking management approach taken by the City of Hercules, several concepts are always necessary. First, the management of parking resources requires the input and involvement of the private business stakeholders and local residents. They must remain a part of the parking planning process, and they can offer real world options based on their experience. Also, lines of communication must remain open between those responsible for parking within the city and downtown stakeholders. Second, parking policies and regulations must be consistently applied. Once the system guiding principles have been established, they must be adhered to, or they will lose their importance. Third, the parking system must be properly maintained and provide a safe parking environment. Finally, the parking system must be promoted effectively to ensure both visitors and business owners understand the system.
The challenges of parking system management, as well as more detailed management alternatives, will be explored further in later phases of this study.
• Continue encouraging the use of alternative modes of transportation. The community has several different programs in place that can help reduce single occupancy vehicle trips, including: transit incentives; carpool matching and guaranteed ride home; employer education programs, etc. 96 City of Hercules
Parking Management Study - Task One Summary Report
January 15, 2007
24 Involving community transit coordinators in the early stages of development planning can help reduce parking demands and ensure support is in place for encouraging the use of alternative modes of transportation.
Some community development standards encourage the utilization of alternative modes of transportation by providing parking requirement reductions for incorporating transportation alternatives. For example, a developer may be allowed to construct less parking if they include bicycle racks and shower facilities, locate bus stops nearby, provide pedestrian paths and amenities, subsidize employee transit programs, etc.
• The concept of integrating transportation and parking elements as part of the larger strategic vision for Central Hercules supports the adoption of a “Park Once – Pedestrian First” planning concept.
This concept encourages employees and visitors to park their vehicles in one location and then use another form of transportation to move around the area with excellent pedestrian, transit, parking, and bicycle facilities. This concept will become very important as the downtown develops.
Three key elements are needed to achieve this vision:
o Ensure streets and sidewalks adequately serve the needs of pedestrians, transit users, bicyclists and vehicles with the focus on serving pedestrians first. This issue can be supported by:
The creation of safe, attractive, shaded, and inviting pedestrian linkages to connect downtown destinations and parking facilities.
Ensuring pedestrian crossings across major streets provide sufficient time for people to cross the street. For example, this will be important for people crossing San Pablo Avenue.
Where necessary, using traffic calming strategies such as speed humps, lower speed, limits, on-street parking, etc.
Where possible, including bicycle paths on roadways.
Providing amenities such as improved lighting, signage, street furniture, landscaping, etc. in public right-of-ways to support and encourage pedestrian activity.
Bicycle racks, lockers, or other bicycle-friendly facilities should be provided throughout Central Hercules.
o Developing, managing and operating parking as an essential civic infrastructure and reducing overall parking ratios over time to create a “Park Once” environment. This issue can be supported by:
The usage of in-lieu parking assessments for developments planned in the area to support the future funding of strategically-located parking resources. Encouraging the “Park-Once” strategy through shared parking for both public and private parking resources.
97 City of Hercules
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25 Ensuring all public parking resources are efficiently and effectively designed and managed. Encourage efficient design and management in private parking resources as well.
Maximizing on-street parking throughout Central Hercules and monitoring vehicle duration and turnover. Encourage the turnover of on-street parking through monitoring, communication with downtown business owners and, if necessary, other means such as parking enforcement, parking meters, etc. Where possible, locating long-term parking facilities on the perimeter of the area and locating short-term parking throughout the area. Ensure the proper mix of parking through periodic parking occupancy counts.
Incorporating ground floor commercial activity into designs (where appropriate), should a parking structure be developed in the future.
Where necessary, improving existing surface parking lots in the downtown (e.g. paving, landscaping, lighting, identification signage)
o Modifying the identity of Central Hercules to make it more understandable and attractive to infrequent users. This can be supported by:
Actively promoting new attractions and developments, including parking availability/locations and alternative transportation options. This can be done using printed materials, as well as the city website.
Developing and implementing a downtown informational and directional (wayfinding) signage program with a special emphasis on available parking resources.
Thank you very much for providing
Carl Walker with this opportunity to be of service. I would like to also extend a sincere thank you to you, and your staff, for all of the assistance in completing the Task 1 report.
Sincerely,
Matthew Q. Inman
Senior Planner
98 Hercules, CA City Council Meeting
25 January 2022
99 (America’s Tire) Hercules, CA Site Aerial
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(America’s Tire) Hercules, CA Proposed
Site Plan
101
4 Care for and Cultivate
102
5 Empowered. Peace of Mind.
Inspired. Cared for.
103
6 WE do this TOGETHER!
104
7 Integrity, Our People, Our Customers, Growth, and Attitude (IOOGA)
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111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
4:30 PMTuesday, January 4, 2022
Commission Interviews Via Zoom
I. AMENDED SPECIAL MEETING – 4:30 P.M. CALL TO ORDER - ROLL CALL II. CONVENE INTO CLOSED SESSION
22-0051. Pursuant to Government Code Section 54957(b): Public Employee Appointment: Commission Interviews.
IV. SPECIAL MEETING – 5:00 P.M. CALL TO ORDER - ROLL CALL III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Bailey.
IV. PUBLIC COMMUNICATIONS
None.
V. DISCUSSION AND/OR ACTION ITEMS
1. 22-003 Conduct Interviews of Candidates which have applied for Hercules Boards and Commissions
Recommendation: Conduct interviews of candidates that have applied for the Planning Commission, Community and Library Services Commission, and Finance Commission.
Members of the City Council conducted the following interviews of applicants which applied for City Boards and Commissions:
Planning Commission
Robert Schaufenbil; Hector Rubio.
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January 4, 2022City Council Meeting Minutes
Finance Commission
Damian Wong; Rachel Messiah; Dennis Esselsagoe. Current Commissioner which applied and not interviewed: Lori Risby.
Community & Library Services Commission
Student Commissioner Applicants: Mikayla Lavitoria; Haley Solis. Current Commissioner which applied and not interviewed: Evangelia Ward-Jackson.
County Mosquito & Vector Control Board:
Damian Wong
VI. ADJOURNMENT
Mayor Bailey adjourned the meeting at approximately 7:15 p.m. _________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
107
111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
5:30 PMTuesday, January 11, 2022
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY Zoom Meeting ID: 826 8570 4004
Zoom Passcode: 224261 / Zoom Phone #: 1-669-900-6833
I. SPECIAL MEETING - CLOSED SESSION – 5:30 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 5:30 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
None.
III. CONVENE INTO CLOSED SESSION
Mayor Bailey recessed the meeting at 7:01 p.m.
1. 22-010 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9 (e)(1): In two (2) matters.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 7:00 p.m.
Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang identified the items discussed in closed session and stated that there were no final or reportable actions to report.
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January 11, 2022City Council Meeting Minutes
VI. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Mayor Walker-Griffin.
VII. MOMENT OF SILENCE
Mayor Bailey called for a moment of silence for former Hercules High School graduate and El Cerrito Police Officer Jerrick Bernstine who passed away tragically from a car accident on Highway 80 on Sunday, January 9, 2022.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-016
Presentation and Update from Contra Costa County Animal Control Services
Beth Ward, Director of Contra Costa County Animal Services provided an update and presentation on County Animal Services. Members of the City Council asked questions and provided comments.
IX. AGENDA ADDITIONS/DELETIONS
There were no additions or deletions to the agenda.
X. PUBLIC COMMUNICATIONS
None.
XI. PUBLIC HEARINGS
1. 22-015
Minor Subdivision (MS #478-21) for the Safeway Shopping Center to Subdivide the 6.7-Acre Site Into Three (3) Parcels and Dedicate 0.29 Acres to the City for Public Right-of-Way
Recommendation: Open the public hearing and receive public comments, close the public hearing and consider adoption of a Resolution approving Parcel Map M.S. (Minor Subdivision) #478-21 subdividing the
6.7-acre Safeway Shopping Center site into three (3) parcels and dedicating 0.29 acres to the City for public right-of-way.
Public Works Director Roberts introduced the item and provided a staff report. Beth Walters of McNellis provided additional comments and information. Members of the City Council did not have any questions.
Mayor Bailey opened the public hearing at 7:49 p.m.
Mayor Bailey closed the public hearing at 7:49 p.m. with no comments offered from the public.
MOTION: Motioned by Council Member Kelley, seconded by Vice Mayor
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January 11, 2022City Council Meeting Minutes
Walker-Griffin to adopt Resolution 22-001.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
XII. CONSENT CALENDAR
MOTION: Motioned by Council Member Romero, seconded by Council Member Grimsley to adopt the Consent Calendar.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
1. 22-002
Minutes
Recommendation: Approve the regular meeting minutes of December 14, 2021.
Approved.
2. 22-006 Computer and Electronic Surplus
Recommendation: Adopt a Resolution declaring certain computer property and electronic as surplus and authorizing the proper disposal of said property.
Approved.
3. 22-008 Recognized Obligation Payment Schedule for the Period of July 1, 2022 through June 30, 2023 (ROPS 22-23)
Recommendation: Adopt a Resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2022 through June 30, 2023 (ROPS 22-23).
Approved.
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January 11, 2022City Council Meeting Minutes
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-007 Approval of Successor Agency to the Hercules Redevelopment Agency 2022 Tax Allocation Refunding Bonds and Related Actions Recommendation: Adopt a Resolution of the Successor Agency to the Hercules RDA authorizing the issuance and sale of tax allocation refunding bonds in an amount of not to exceed $98 million, and approving the form of an Indenture of Trust, the form of Escrow Agreement, a form of Bond Purchase Agreement, a form of Continuing Disclosure Certificate, and authorizing certain other actions in connection therewith.
Finance Director Gato introduced the item and provided a staff report.
Suzy Kim of RSG, Wing-See Fox of Urban Futures and Vanessa Legbrandt of Stradling Law provided additional information. Members of the City Council asked questions and provided comments.
MOTION: Motioned by Agency Director Kelley, seconded by Agency Director Romero to adopt Successor Agency Resolution SA 22-003.
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
2. 22-009
ARPA - Results of the Business and Community Surveys and Funding and Funding Principals
Recommendation: Accept the proposed set of principals to assist in developing the plan for use of the ARPA funds.
City Manager Hall introduced the item and provided a staff report. Barry Foster and Sandra Meyer of HDL provided additional information.
Members of the City Council asked questions and provided comments.
City Manager Hall that this item will come back for further review and discussion at the February 22, 2022 meeting.
3. 22-012
Commission Appointments to City Commissions and Regional Boards and Committee
Recommendation: Consider making appointments to city commissions for the start of two (2) year terms and making an appointment to the Contra Costa Mosquito and Vector Control Board.
City Clerk Martin introduced the item and provided a staff report. Each Member of the City Council provided their preferred selection of applicants to fill the vacancies on each Commission. The following candidates received the highest number of votes and were appointed to the City's Boards and Commissions.
Planning Commission
Robert Schaufenbil - 2 year term ending 12/31/2023
Hector Rubio - 2 year term ending 12/31/2023
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Finance Commission
Lori Risby - 2 year term ending 12/31/2023
Dennis Esselsagoe - 2 year term ending 12/31/2023
Community & Library Services Commission
Evangelia Ward-Jackson - 2 year term ending 12/31/2023
Haley Solis, Student Commissioner - 1 year term ending 12/31/2022 Contra Costa Mosquito & Vector Control Board
Damian Wong - 2 year term ending 12/31/2023
4. 22-013 2022 Council Appointments on Regional Committees and Council Subcommittees
Recommendation: Appointment of members of the City Council by the Mayor to both Regional Committees and Council Subcommittees.
City Clerk Martin introduced the item and provided a staff report. City Clerk Martin stated that a draft of the Mayor's selections for the 2022 appointments to regional committees and Council subcommittees was sent to Council Members via e-mail just prior to the meeting.
Mayor Bailey made a request to the City Manager if it would be possible to get a brief report in writing from staff when they attend these regional meetings that can be shared with the entire Council and public. Members of the City Council commented on various methods to accomplish Mayor Bailey's request.
Members of the City Council did not have any requests to change the selections the Mayor made to Regional Committees and Council subcommittees.
5. 22-004
Discussion of Building Decarbonization through Possible Adoption of All-Electric Building Code Amendment
(Continued discussion from CIty Council meeting on September 28, 2021)
Recommendation: Receive report, discuss, and provide direction if and what type of all-electric ordinance should or should not be pursued.
Community Development Director Reber introduced the item and provided a staff report and presentation. Members of the City Council asked questions and provided comments.
Public Speakers: Igor Tregub; Hari Lamba; Tanya Little, Melissa Yu.
A request was made by City Council to bring this item back for discussion once Contra Costa County has adopted their Ordinance so that the County
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Ordinance can be reviewed and this item can be discussed further. Mayor Bailey obtained a consensus of City Council to bring this item back after Contra Costa County Board of Supervisors has adopted their Ordinance related to all-electric building code amendment.
XIV. PUBLIC COMMUNICATIONS
None.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
City staff and Council Members reported on attendance at events and community and regional meetings.
Council Member Romero requested that the outgoing Commissioners and incoming Commissioner receive a City volunteer pin.
Council Member Grimsley requested a Proclamation for Black History Month at the first meeting in February and Mayor Bailey requested a Proclamation for Lunar New Year for the first meeting in February.
XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting at 10:06 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
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111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lori Martin, City Clerk
7:00 PM Special MeetingTuesday, January 18, 2022
Zoom Meeting ID: 867 7617 2055
Zoom Passcode: 320898 Zoom Ph #: 1-669-900-6833
I. SPECIAL MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Mayor Bailey called the meeting to order at 7:01 p.m.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Grimsley.
III. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
City Manager Hall explained the reason for the special meeting with the Hilltown Developer on the continued discussion of the proposed Mello-Roos Community Facility District.
IV. AGENDA ADDITIONS/DELETIONS
None.
V. PUBLIC COMMUNICATIONS
None.
VI. DISCUSSION AND/OR ACTION ITEMS
1. 22-024
Continued Discussion Regarding Santa Clara Valley Housing Group's (SCVHG) Request to Form a Mello-Roos Community
Facilities District for the Hilltown Development
Recommendation: City Council to take the next step towards forming a Mello-Roos Community Facilities District to provide the financing needed for the Hilltown Development by directing staff to begin preparing the
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January 18, 2022City Council Meeting Minutes
necessary documents for Council's future consideration; alternatively City Council inform the Developer, Santa Clara Valley Housing Group, that the City is electing not to proceed with the Mello-Roos Community Facilities District.
City Manager Hall introduced the item and Public Works Director Roberts provided a staff report. Cory Kusich from Santa Clara Valley Housing gave a presentation on the Hilltown project.
Public Works Director Roberts provided an outline of options that City Council could take under consideration. City consultant Wing-See Fox of Urban Futures, Inc. provided a general overview of the financing of a Mello-Roos Community Facility District and Attorney Ben Fay of Jarvis Fay provided an overview of the City's process of forming a Community Facility District.
Members of the City Council asked questions and provided comments.
Mayor Bailey requested that the City Clerk conduct a poll of City Council to the question of whether the City Council would like to proceed with the outline provided by Attorney Ben Fay and proceed with the preparation of forming a Community Facilities District. Provided below is the result of the poll:
Council Member Grimsley: Nay
Council Member Kelley: Aye
Council Member Romero : Aye
Vice Mayor Walker-Griffin: Nay
Mayor Bailey: Nay
The poll vote failed 3-2.
Council Member Romero requested that the City Council consider bringing this item back for a future discussion to allow the developer to provide additional options on how they may be able to proceed with the project.
Mayor Bailey asked the City Council to show a thumbs up or thumbs down regarding allowing staff to add this discussion to a future agenda. The poll resulted in a 4-1 vote as follows:
Council Member Grimsley: thumbs up
Council member Kelley: thumbs up
Council Member Romero: thumbs up
Vice Mayor Walker-Griffin: thumbs down
Mayor Bailey: thumbs up
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January 18, 2022City Council Meeting Minutes
The poll vote passed 4-1.
VI. PUBLIC COMMUNICATIONS
None.
VII. ADJOURNMENT
Mayor Bailey adjourned the meeting at 8:21 p.m.
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lori Martin, MMC
Administrative Services Director/City Clerk
116
REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: J. Patrick Tang, City Attorney
SUBJECT: Annual Update Regarding the Following Matters:
1) Anti-Nepotism and Anti-Cronyism Ordinance;
2) Hercules Ethics Policy.
RECOMMENDED ACTION:
Accept report; provide direction to staff if any.
COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION:
The measures discussed in this report stem from recommendations made by the Citizen’s Legal Advisory Committee (also referred to as the Legal Ad Hoc Committee), which served the City from 2011 to 2013.
FISCAL IMPACT OF RECOMMENDATION:
None.
SUMMARY:
The City Council has directed that staff report to the Council annually regarding compliance with the Anti-Nepotism and Anti-Cronyism Ordinance and the Hercules Ethics Policy.
As reported to you in prior annual reports, since its enactment and for the period since the last report to Council up to now, there have been no known violations of the Anti-Nepotism and Anti- Cronyism Policy. Likewise, there have been no known violations of the Hercules Ethics Policy.
Equal Pay Act Ordinance: While an annual compliance report has not specifically been required by Council, it should be noted that in 2021, the City adopted an Equal Pay Act Ordinance which, similar to the Anti-Nepotism and Anti-Cronyism Ordinance, requires entities that contract with the 117
City to provide Acknowledgments under penalty of perjury that they are in compliance with state law equal pay provisions.
BACKGROUND:
With the election of reform-minded council members starting in November 2010, Hercules public officials have attempted to close loopholes in state conflict of interest laws, and to make local government more transparent and accountable. The Citizen’s Legal Advisory Committee (also referred to as the Legal Ad Hoc Committee), which served the City from 2011 to 2013, was tasked by the new City Council to study and propose local measures to increase transparency and accountability in local government. The matters discussed in this report stem in large part from the recommendations of this Citizen’s Committee.
DISCUSSION:
1. Anti-Nepotism and Anti-Cronyism Ordinance.
Initially adopted by the City Council by resolution on June 19, 2012, and then finally by ordinance on April 28, 2015, this measure is intended to prevent the hiring and employment of, and the award of contracts to, individuals related by blood or marriage to public officials. It also prohibits employment or contracting with individuals or firms who have a “crony” relationship with public officials. The provisions are codified in the Hercules Municipal Code, Title 2, Chapter 3, Article 4, entitled, “Prevention of Nepotism and Cronyism in Employment and Contracting.”
Since the passage of the original measure in June of 2012 to now, there have been no instances in the City of Hercules involving the employment of, or contracting with, prohibited individuals or businesses. Public officials are required annually to sign an acknowledgment confirming that they have reviewed the requirements of the ordinance. Contractors are required to submit as part of their bid package and/or contracting documents that they are not in violation of the requirements. These acknowledgment and reporting requirements have been fully implemented since the adoption of the final ordinance and are being tracked by the City Clerk and those members of city staff who are responsible for putting together contract documents.
2. Hercules Ethics Policy.
Upon the recommendation of the Citizen’s Legal Advisory Committee, and after discussion and due consideration, the City Council on May 28, 2013, passed by a unanimous vote Resolution No. 13- 051 establishing the City of Hercules Ethics Policy.
The Ethics Policy sets forth a number of ethical expectations for elected officials and appointed members of the City’s boards and commissions (“Members”). The five-page policy enumerates the basic and broad requirements that Members shall comply with all laws pertaining to their public duties (Sec. 2). It requires that Members conduct the public’s business without even the appearance of impropriety, and refrain from abusive conduct (Sec. 3). Members must respect the public process and rules of order (Sec. 4), and make decisions based on merit (Sec. 6). Members should share with the public information they obtained from sources outside the public decision-making process (Sec. 7). Members should abide by conflict of interest laws and financial disclosure laws and shall not participate in a matter even when there is no statutory vio lation involved if their participation presents the appearance of impropriety (Sec. 8). Members shall refrain from receiving gifts which 118
might compromise their independence of judgment or which give the appearance of being compromised (Sec. 9). Council members shall not unduly influence Members serving on boards and commissions (Sec. 15). Members are reminded that they have taken an oath of office, and that they have a duty to disclose corruption, abuse, or other violation s of law (Sec. 17). Violation of the Policy by a member of a commission, board or committee, may result in the removal of that person from office (Sec. 19).
Under Section 18, it is stated that the Policy is intended to be self-enforcing. For this reason, based upon the language in the resolution, the Policy is intended to be part of the regular orientation for elected and appointed officials. Training materials have been revised to include a discussion of the Ethics Policy, and all sitting and future Members have been required to sign a statement prepared for the purpose of acknowledging that they have read, and that they understand, the policy.
ATTACHMENTS:
Attachment 1 – Anti-Nepotism and Anti-Cronyism Ordinance.
Attachment 2 – Resolution No. 13-051 Adopting City of Hercules Ethics Policy 119
Attachment 1
H E R C U L E S M U N I C I P A L C O D E
Article 4. Prevention of Nepotism and Cronyism in Employment and Contracting Sec. 2-3.401 Purpose.
In adopting this Article, it is the intent of the City Council to prohibit the contracting with, and employment of, relatives and friends of City officials, to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, contracting and/or transfer practices of the City.
The regulations established by this Article shall apply to all City officials, as defined herein, and to all individuals or firms who provide services to the City as independent contractors or paid consultants. (Ord. 486 § 1 (part), 2015)
Sec. 2-3.402 Definitions.
“City” as used herein shall mean the City of Hercules, California. “City officials,” for the purposes of this Article, means City elected officials, City appointed officials, appointees to City ad hoc or standing committees, appointees to City commissions, and City employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City agencies and departments.
“Consensual romantic and/or sexual relationship” means any consensual romantic and/or sexual relationship between a City official or contractor and any City official who may supervise him or her directly or indirectly, or who may influence the terms and conditions of his or her employment or contract with the City.
“Contractor” means any individual or firm providing material, equipment, or services to the City pursuant to a written or oral agreement with the City as an independent contractor or consultant, and not as an employee.
“Cronyism” means making an employment or contracting decision based upon personal, political, financial, or commercial relationships instead of merit when the person or entity benefiting from the employment, promotion, supervision or contract does not have the qualifications for the position or contract, or is being compensated at a rate that is more than the rate that would be paid other employees or contractors performing the same or similar functions. “Family relationship” means a relationship by blood, adoption, marriage, domestic partnership, foster care, and cohabitation, and includes parents, grandparents, great-grandparents, grandchildren, great- grandchildren, children, foster children, uncles, aunts, nephews, nieces, first cousins, second cousins, 120
Attachment 1
siblings, and the spouses or domestic partners of each of these relatives and cohabitants. This definition includes any relationship that exists by virtue of marriage or domestic partnership, such as in- law and step relationships, which are covered to the same extent as blood relationships. “Nepotism” means employing, promoting, supervising or contracting with a person or persons who have a family relationship or a consensual romantic and/or sexual relationship with a City official. (Ord. 486 § 1 (part), 2015)
Sec. 2-3.403 Restricting Nepotism and Cronyism in Public Employment. (a) Statement of Policy. It is the policy of the City of Hercules to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions. The employment of relatives of City officials, in positions where one (1) might have influence over the other’s status or job security, is regarded as a violation of this Section. Nepotism and cronyism, as defined in Section 2-3.402, are prohibited from City employment decisions to the full extent permitted by law.
It is therefore the City’s policy to prohibit nepotism and cronyism in public employment according to the guidelines below:
(1) An individual will not be hired, promoted, transferred, or otherwise placed into a position when a person with whom the individual has a family relationship or consensual romantic and/or sexual relationship occupies a position in his or her direct supervisory chain of command. (2) Individuals will not be hired, promoted, transferred, or otherwise placed into a position when to do so would constitute cronyism.
(3) Department heads are prohibited from employing or supervising any person with whom the department head has a family relationship or consensual romantic and/or sexual relationship within his/her department in any capacity in which that person may receive compensation. (4) Department heads are prohibited from employing or supervising any individual, when to do so would constitute cronyism.
(5) City positions should be advertised to the public and filled pursuant to an objective selection process based upon qualification.
(b) Resolving a Violation. In the event nepotism or cronyism arises due to circumstances such as through promotion, transfer, the development of a consensual romantic and/or sexual relationship or marriage, the involved individuals have six (6) months in which to settle the issue voluntarily (i.e., by having one (1) of them change assignment or leave City employment).
If the affected parties are unable to resolve the situation within the time provided, their immediate supervisors will review the case at the end of the six (6) month period. The supervisor’s decision 121
Attachment 1
concerning which employee must change assignment, made after consultation with the Director of Human Resources, will be binding.
(c) Responsibility to Report. It is the responsibility of a City official to report a violation of this Section. A City employee must notify his/her supervisor, and it is the responsibility of an elected or appointed official to notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when any of the following situations occur:
(1) When a person who is hired or appointed, or is being considered to be hired or appointed, has a family relationship or consensual romantic and/or sexual relationship with a City official; and/or (2) When a City official has or develops a family relationship or consensual romantic and/or sexua l relationship with another City official who occupies a position in his or her direct supervisory chain of command; and/or
(3) When hiring, promotion, appointment or supervision of a City official constitutes cronyism as defined in Section 2-3.402.
The intent of this Section is to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, and/or transfer practices of the City. (d) Penalty for Failure to Report. A City official, other than an elected official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of any employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to discipline, including but not limited to suspension or termination.
An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of an employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to censure. (Ord. 486 § 1 (part), 2015)
Sec. 2-3.404 Restricting Nepotism and Cronyism in Public Contracting. (a) Statement of Policy. It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of this Section. Nepotism and cronyism as defined in Section 2-
3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.
It is therefore the City’s policy to prohibit nepotism and cronyism in City contracts, according to the guidelines below:
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(1) An individual contractor shall not be awarded a contract with the City when the contractor has a family relationship or consensual romantic and/or sexual relationship with a City official who may have some influence over the award or management of the contract, or when the award of a contract to that individual contractor would constitute nepotism or cronyism. (2) Firms shall not be awarded contracts with the City when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with a City official who may have some influence over the award or management of the contract, or when the award of a contract to a firm would constitute nepotism or cronyism.
(3) A City official is prohibited from awarding contracts to any individual with whom he or she has a family relationship or consensual romantic and/or sexual relationship, or to any firm when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with the employee or official, or when to do so would constitute nepotism or cronyism.
The intent of this Section is to ensure that no conflict of interest, favoritism, or discrimination enters into the contracting practices of the City.
(b) Responsibility to Report a Violation of Regulations Against Contracting with Relatives or Contracts that Constitute Cronyism. It is the responsibility of a City official to report a violation of this Section. A City employee must notify his or her supervisor, and an elected or appointed official must notify the Ci ty Manager, or the City Attorney in the case of a violation by the City Manager, when he or she is aware of any of the following situations:
(1) When a person who has a family relationship or consensual romantic and/or sexual relationship with a City official is being considered for the award of a contract to provide services to the City; and/or
(2) When a City official has or develops a family relationship or a romantic and/or consensual sexual relationship with a person who has an existing contract to provide services to the City; and/or
(3) When the award of a contract would constitute nepotism or cronyism as defined in Section 2-
3.402.
(c) Penalty for Failure to Report. A City official, other than an elected city official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.
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An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to censure.
A contractor who has a contract with the City or who seeks a contract with the City and fails to report that a person with whom she or he has a family relationship or consensual romantic and/or sexual relationship is employed by the City or is a City official, or that the award of the contract constitutes cronyism in violation of this Section, may have his or her contract terminated and may be precluded from being awarded any future contracts with the City. (Ord. 486 § 1 (part), 2015) Sec. 2-3.405 Penalties Not Exclusive.
The penalties provided under this Article are not exclusive, and do not preclude punishment under any other applicable provision of law. (Ord. 486 § 1 (part), 2015) Sec. 2-3.406 Notice and Acknowledgment.
(a) The requirements of this Article shall be acknowledged annually by all City officials who are required to comply with State of California financial disclosure requirements, on a form developed by the City Attorney and provided by the City Clerk. The written acknowledgment must be submitted at the time such financial disclosures are required to be submitted.
(b) All contractors and prospective contractors shall be notified in writing of the requirements of this Article at the time the City issues a request for proposals or qualifications, and prior to entering into a sole source agreement. (Ord. 486 § 1 (part), 2015)
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Attachment 2
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127
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129
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Emergency Declaration Extension
RECOMMENDED ACTION: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to March 2, 2022.
FISCAL IMPACT OF RECOMMENDATION: None as a result of this action . However, the City’s response to the Coronavirus or COVID -19 pandemic is resulting in increased costs and reductions in revenues.
EXECUTIVE SUMMARY: AB361, signed by Governor Newsom on September 16, 2021, provides that if a local state of emergency remains active for more than 30 days, a local agency must every 30 days by majority vote find that the state of emergency continues to directly impact the ability of members to meet safely in person, or that State or local officials continue to impose or recommend social distancing measures.
DISCUSSION: On March 20, 2020, the City Council ratified the City Manager’s Declaration of a Local Emergency in response to the COVID-19/Coronavirus pandemic. The City Council received an updated report on April 14, 2020. Contra Costa County extended the Shelter in Place/Stay Home Health Order on June 17, 2020, which will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer.
The City Council has extended the emergency declaration on:
May 12, 2020
June 23, 2020
September 8, 2020
November 10, 2020
December 8, 2020
February 23, 2021
April 27, 2021
July 13, 2021
August 10, 2021
December 2, 2021
December 14, 2021
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. 130
Governor Newsom signed Executive Order N -15-21 clarifying that cities ma y continue to meet remotely in accordance with procedures established by prior Executive Orders and on September 16, 2021, signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.
This bill which will sunset on January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing during a proclaimed state of emergency.
As the Delta and Omicron variant has surged in California, the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meet ing in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
AB361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the Bill’s exemption to the Brown Act teleconferencing rules:
The legislative body has reconsidered the circumstances of the emergency; and either of the following circumstances exist:
o The state of emergency continues to directly impact the ability of members to meet safely in person, or
o State or local officials continue to impose or recommend social distancing measures.
The goal of AB361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencie s, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
As such, it is recommended that the City C ouncil adopt the attached Resolution extending the Declaration of Local Emergency for another 30 days to March 2, 2022. It is anticipated that the City Council’s next review of the Declaration of Local Emergency will take place at the regular meeting of February 22, 2022. Should the need for a Declaration of Local Emergency end, the City Council could consider terminating the Declaration at an earlier date.
ATTACHMENTS:
1. Resolution extending Declaration of Local Emergency to March 2, 2022. 131
Resolution 22-
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES EXTENDING THE DECLARATION OF LOCAL EMERGENCY BY 30 DAYS TO MARCH 2, 2022
WHEREAS, Section 3-106(1) of the Hercules Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Hercules, due to the introduction of coronavirus disease 2019 (COVID -19), commencing on or about March 3, 2020, at which time the City Counci l of the City of Hercules was not in session; and
WHEREAS, the City Manager acting as the Director of Emergency Services proclaim ed the existence of a local emergency within the City on the 15th day of March 2020; and
WHEREAS, on the 20th of March 2020, the City Council adopted Resolution No. 20-015 which ratified and confirmed the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to July 11, 2020, at a regular meeting held on May 12, 2020; and
WHEREAS, Contra Costa County extended the Shelter in Place/Stay Home Health Order on June 17, 2020, and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to September 9, 2020, at a regular meeting held on June 23, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to November 7, 2020, at a regular meeting held on September 8, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to January 6, 2021, at a regular meeting held on November 8, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to March 7, 2021, at a regular meeting held on December 8, 2020; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to May 6, 2021, at a regular meeting held on February 23, 2021; and
132
Resolution 22-
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to July 5, 2021, at a regular meeting held on April 27, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to September 3, 2021, at a regular meeting held on July 13, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 60 days to November 2, 2021, at a regular meeting held on August 10, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to December 2, 2021 at a regular meeting held on October 26, 2021; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to January 1, 2022 at a regular meeting held on December 14, 2022; and
WHEREAS, the Hercules City Council extended the Declaration of Local Emergency for 30 days to January 31, 2022 at a regular meeting held on December 14, 2022; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act; and
WHEREAS, as the Delta and Omicron variants have surged in California the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards; and
WHEREAS, AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state of local officials have imposed or recommended measures to promote social distancing. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote tha t, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the state of emergency continues to dir ectly impact the ability of members to meet safely in person and further determines that State or local officials continue to recommend social distancing measures, so that the Declaration of Local Emergency is hereby extended by 30 days to March 2, 2022.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist for this period unless terminated earlier by the City Council of the City of Hercules. 133
Resolution 22-
The foregoing Resolution was duly and regularly adopted at a special emergency meeting of the City Council of the City of Hercules held on the 25th day of January 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lori Martin, MMC
Administrative Services Director/
City Clerk
134
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Acceptance of the FY 20-21 Annual Comprehensive Financial Report and other regulatory financial reports.
RECOMMENDED ACTION
Receive the Fiscal Year (FY) 20-21 Annual Comprehensive Financial Report (ACFR) and Accept the Audited Financial Statements.
FISCAL IMPACT OF RECOMMENDATION
There is no financial impact associated with accepting this report. The audited results of the FY 20- 21 fiscal year are utilized as a starting point in the development of the FY 22-23 budget, especially in regard to the one-time funding.
BACKGROUND
The ACFR communicates the City’s financial condition and activity in a transparent and organized manner and in compliance with accounting and financial reporting standards established by the Governmental Accounting Standards Board (GASB). The report presents historical and comparative information that can be useful to City staff, elected officials, and external users such as debt rating agencies, businesses, other public agencies, and the City’s residents. The most recent ACFR and prior years reports are available at the City’s libraries, the City’s Finance Department, and on the City’s Finance website at:
https://www.ci.hercules.ca.us/government/finance/comprehensive-annual-financial-reports
The City of Hercules prepares audited financial statements for each fiscal year as required by various financing covenants and rules associated with restricted funding. To ensure compliance with these requirements and bond indentures, the City contracts with an independent audit firm. The City’s external audit firm, The Pun Group, completed the independent audit and issued the audit report for the fiscal year ended June 30, 2021.
The quality of the City’s financial reporting and the A CFR are measured in two ways: (1) an unmodified audit report by the independent audit ors; and (2) the Certificate of Achievement for 135
Excellence in Financial Reporting, awarded by the Government Finance Officers Association (GFOA). The attainment of the latter is the highest form of recognition in governmental accounting and financial reporting.
Auditors follow audit industry standards established by the American Institute of Certified Public Accountants (AICPA). These standards require auditors to provide an opinion on specific areas of the City’s financial statements based on observations, inquiries, testing of transactions, and analysis.
The City’s CAFR includes the following major sections and information:
Introductory Section
Letter of Transmittal – prepared by management and used to communicate information on areas that may have an impact on the City’s finances now and in the future. This includes economic factors as well as budget and management factors.
Financial Section (the main body of the ACFR for current year information) Independent Auditors’ Report – the City’s report card on the content of the ACFR. Management’s Discussion and Analysis (MD&A) – provides an analytical overview of the City’s financial status and results for the year.
Basic Financial Statements – reports finances at a point in time (assets - liabilities) and throughout the year (revenues - expenditures), and cash flows. o City-Wide Statements – overview of financial information including all of the City’s operations by financial activity.
o Fund Financial Statements – a detailed look at funds, reporting the Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance. o Notes to the Financial Statements (Notes) – a narrative explanation that accompanies the Basic Financial Statements.
Required Supplementary and Supplementary Information Sections Budget to Actual Comparisons – for all governmental funds with a legally adopted budget.
Notes to Required Supplementary Information.
Pension Information – schedule of changes in the net pension liability and related ratios; schedule of contributions by plan.
OPEB Information – schedule of changes in the net Other Post-Employment Benefits (OPEB) liability and related ratios; schedule of contributions. A breakout of individual non-major funds – for funds that were presented in a cumulative manner in the Financial Section
Statistical Section (current and historical information – up to 10 years) Financial Trends
Revenue Capacity Information
Debt Capacity Information
Demographic and Economic Information
Operating Information
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DISCUSSION
In FY 19-20, the City converted its financial statement from Basic financial statement report to ACFR.
The Basic financial statement typically presents only the basic financial report about the government.
The ACFR, in contrast, presents a wider variety of important information intended to help the reader properly understand the basic statements, as illustrated above. The basic financial statements only show the financia l section that consists of the MD&A, the basic financial statements, and the independent auditor’s report, without the individual non-governmental fund financial statements and schedules.
The City’s external independent audit firm, The Pun Group , completed its audit of the annual Financial Statements and has issued an unmodified (or “clean”) audit opinion validating the fair presentation of the City’s financial position as of June 30, 2021. The City’s ACFR shows that the City continued to hold a sound financial position.
GENERAL FUND
The General fund is the chief unrestricted operating fund of the City. The General Fund reflects the City's sound management practices and prudent financial decisions as steady growth and improved financial results are evident in the audit report for FY 20-21. On June 30, 2021, the City's General Fund had a fund balance of over $45 million, of which $10 million is unassigned, and $2 million is available for expenditures.
The basis of accounting used for financial reporting purposes in accordance with Generally Accepted Accounting Principles (GAAP) is not necessarily the same basis used in preparing the budget document. For example, governmental funds are required to use th e modified accrual basis of accounting in GAAP financial statements. In contrast, the cash basis of accounting or the "cash plus encumbrances" basis of accounting may be used in those same funds for budgetary purposes. Disparities between GAAP and the budg etary basis of accounting often occur because regulations governing budgeting (e.g., laws or ordinances of the state, county, City, or other jurisdiction) differ from GAAP. Thus, the City adopts its budgets each fiscal year on a cash plus encumbrances basis of accounting, which results in some items which are budgeted as expenditures, like, for example, transfers to reserves, being reflected in the audit as balance sheet adjustments/designation of fund balance.
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Revenue Analysis
FY 20-21 Audited
General Fund Revenues
The majority of General Fund revenues comes from the following categories, about 70% of total revenues:
Utility Users Tax
Sales Tax
Property Taxes
Intergovernmental: Vehicle License Fee (VLF)
The Utility User’s Tax (UUT) is imposed by t he City on the consumption of utility services, including (but not limited to) electricity, gas, water, sewer, telephone, and cable television. The City determines the rate of the tax and the use of its revenues. As of June 30, 2021, the City has collected about $3.6 million, or 3% better than what was projected in the forecast. This tax fluctuates with consumer consumption and is assessed based on a percentage of gross receipts. The UUT is of limited duration, and is set to expire on January 1, 2025, unless it is extended. Extension of the UUT would require voter approval.
The UUT is an important source of revenue for the City, and failure to extend the UUT would have a serious impact on the City’s ability to provide a basic level of public service.
Taxes and
assessments
67%
Licenses and permits
5%
Fines and forfeitures
0%
Use of money and
property
3%
Intergovernmental
16%
Charges for services
8%
Other revenues
1%
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Sales Taxes, the largest revenue source for the City’s General Fund, is remitted to the City from the State on an on-going basis. This tax is also exceeded the revenue projections by $269K or 6% better than what was projected in the forecast. Total Sales Tax revenue is highly concentrated within a few major operators. A few top producers generate over 30% of the City’s sales tax. The following depicts the summary history of the City’s sales tax revenues by the type of sales and use tax:
Property Tax and related taxes collected through June 30, 2021, which are the current year secured and unsecured, were slightly lower compared to the budget.
Also, the County anticipates the final deferred subordinated pass-thru payment of will be made in the next RPTTF distribution in January 2022. The estimated City share of pass thru and residual RPTTF is approximately $142K. This will be treated as one-time use of funding in future budget recommendations, as those payments will dimmish as a fixed amount of subordinated pass-throughs is fully repaid.
Due to COVID-19 closure, most of the Parks & Recreation program was closed for fiscal year 20-21. As a result, the staff revised the revenue projection downward during mid- year of FY 20-21 Budget.
Overall, the General Fund year-end revenues totals came in $708K, or 4% higher than the FY 20-21 revised budget figure.
FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21
Gas $411,681 $515,824 $399,849 $393,007 $530,463
Electricity 1,223,928 1,251,069 1,207,098 1,249,697 1,258,342 Telephone 959,670 883,172 737,161 600,549 528,509 Water 480,197 571,586 615,518 691,261 753,301 Cable 500,577 562,081 542,638 549,329 520,034 $3,576,053 $3,783,732 $3,502,264 $3,483,843 $3,590,649
FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21
1% Bradley Burns $2,234,898 $1,933,140 $2,602,420 $2,726,712 $3,054,885 Prop 172 125,912 145,876 150,480 149,045 132,649 Measure B 963,996 1,127,079 1,235,801 1,336,528 1,587,963 $3,324,806 $3,206,095 $3,988,701 $4,212,285 $4,775,497
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Expenditure Analysis
FY 20-21 Audited
General Fund Expenditures
This section discusses the General Fund expenditures. It includes encumbrances, which are obligations in the form of purchase orders or contracts chargeable to the budget for which a part of the budget is reserved. The FY 20-21 expenditure budget, as revised, was $14.6 million. Operating expenses in total are all tracking 3% below the revised budget figure. The total operating costs were $458K, better than projections.
The Parks & Recreation revised projections show $ 1.4 million of expenditures. The revised year-end estimates presented to the Council during the mid-year adjustment of FY 20-21 budget included the adjustments related to the impact of COVID-19. The actual expenditures were lower by 3% compared to the revised estimate.
Net Annual Results
The General Fund operation resulted in higher revenues than anticipated, and expenditures came below the revised appropriation. Because the General Fund ended with positive results better than the projected FY 20-21 Budget, there was no withdrawal needed to use reserves to bridge the gap as previously anticipated from the fund, and the City ended the FY 19-20 with three months of expenditures or 25% as opposed to the 17% as projected.
General
government
27%
Public Safety
53%
Streets And
Public Works
2%
Parks And
Recreation
10%
Community
development
6%
Debt Service
2%
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During FY 20-21 mid-year Budget, staff adjusted the budget that include the return of unused money drawn from the reserve and other factors that enhanced the City's financial standings in FY 20-21. This includes subsequent events such as the allocation from CARES Act funding of $315,000 and cash flow savings of $458,000 from the library bonds' refinancing.
OTHER GOVERNMENTAL FUNDS
Fund balances in the City’s other restricted governmental funds (including Debt Service, Gas Tax, Measure C Street Fund, City Capital Projects, and other governmental funds) totaled approximately $20 million as of June 30, 2021. These funds are governed by many covenants and restrictions and may only be used on specific purpose.
INTERNAL SERVICE FUNDS
The available net position in the City’s Internal Service Funds totaled approximately $2.6 million as of June 30, 20 21. The ending balance was an accumulation of reserves to meet future fleet, equipment, and information technology replacements, and facility maintenance needs.
SEWER ENTERPRISE FUND
The net position in the City’s Sewer Fund totaled approximately $44 million as of June 30, 2021, which was $1.8 million greater than the ending balance in the prior fiscal year. Of the $44 million in net position, $7.2 million is invested in capital assets, $7.6 million is restricted for debt service, and $29.5 million is unrestricted for sewer system replacement.
FILINGS WITH THE STATE CONTROLLER’S OFFICE AND ISSUANCE OF
SUPPLEMENTAL REPORTS
In addition, the City prepares the City Financial Transactions to be submitted to the California State Controller’s Office by January 31, 2022. Also, the City is required to issue the following supplemental reports: the FY 20-21 Public Financing Authority Financial Report, Wastewater Financial Report, and Agreed Upon Procedures (AUP) for Measure B and C , a nd GANN Appropriation Limit Calculation as attached.
ATTACHMENTS:
1. FY 20-21 SAS Letter or Required Communication Letter in an Audit
2. FY 20-21 Annual Comprehensive Financial Report (ACFR)
3. FY 20-21 Hercules Public Financing Authority (PFA) Financial Statements
4. FY 20-21 Hercules Wastewater Fund Financial Statements
5. FY 20-21 Agreed Upon Procedures (AUP) Report on Measure B
6. FY 20-21 Agreed Upon Procedures (AUP) Report on Measure C
7. FY 20-21 Agreed Upon Procedures (AUP) Report on GANN Appropriation Limit Calculation
8. Annual Audit Presentation
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January 19, 2022
To the Honorable Mayor and the Members of the City Council of the City of Hercules
Hercules, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Hercules (the “City”) for the year ended June 30, 2021.
Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards (and, if applicable, Government Auditing Standards and the Uniform Guidance), as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated June 1, 2021. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As described in Note 1 to the basic financial statements, the City implemented the following accounting standards:
New Accounting Standards
GASB Statement No. 84, Fiduciary Activities. This statement establishes st andards relating accounting and financial reporting for identifying and financial reporting of fiduciary activities. Those provisions are effective for reporting periods beginning after December 15, 2019, as amended by GASB Statement No. 95. Application of this statement was effective starting fiscal year ending June 30, 2021. See Note 17 of the City’s ACFR for details.
GASB Statement No. 98. The Annual Comprehensive Financial Report . This statement establishes the term annual comprehensive financial report and its acronym ACFR. That new term and acronym replace instances of comprehensive annual financial report and its acronym in generally accepted accounting principles for state and local governments. Those provision are effective for fiscal years ending after December 15, 2021. The City has elected early implementation of this statement. Application of this statement did not have a material effect on the City’s financial statements for the fiscal year ending June 30, 2021.
No other new accounting policies were adopted and the application of existing policies was not changed during 2021.
We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. 200 E. Sandpointe Ave., Suite 600, Santa Ana, California 92707 Tel: 949-777-8800 • Fax: 949-777-8850
www.pungroup.cpa
3939352 Pun & McGeady_L_final.pdf 2 1/14/14 3:48 PM 142
To the Honorable Mayor and the Members of the City Council of the City of Hercules
Hercules, California