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 AN 8,938-SQUARE-FOOT AMERICA’S TIRE STORE AND APPROVING 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 Planning Commission approved Conditional Use Permit No. #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 upheld 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 Permit #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 Planning Commission approved Design Review Permit #15-01 to install an alternative energy fuel cell in the parking lot south of the Home Depot garden center; and WHEREAS, during the course 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 21, 2021, the City’s Community Development Department received applications for a Conditional Use Permit #21-01, Design Review Permit #21-02, and Tentative Parcel Map #21-01 for an America’s Tire store; and WHEREAS, on August 24, 2021, City staff determined that the approval of the America’s Tire applications would require modifications to the conditions of approval for Home Depot; and WHEREAS, On August 27, 2021, City 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 WHEREAS, on January 4, 2022, at a properly noticed public hearing, the Planning Commission reviewed the project applications and considered the staff report, supporting documents, public testimony, and all appropriate information submitted regarding the project, and voted 3-0, with two commissioners absent, to recommend that the City Council approve the America’s Tire project along with modifications to the conditions of approval for Home Depot; and WHEREAS, on January 25, 2022, at a properly noticed public hearing, the City Council reviewed the project applications 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 RESOLVED, by the City Council of the City of Hercules, that:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The City Council finds as follows:
That the project is consistent the adopted General Plan.
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.
That the approval of a 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.
That the America’s Tire project is consistent with the provisions of the Hercules Municipal Code.
That the proposed project will not be detrimental to the health, safety, welfare, and public interest of the City.
That the modifications to the conditions of approval for the Home Depot project involves a reduction in the amount of parking and is not subject to CEQA pursuant to Public Resources Code Section 21080.25(b)(9).
That the approval of a tentative parcel map qualifies for a Class 15 Categorical Exemption pursuant to CEQA Guidelines Section 15315 for Minor Land Divisions.
That the approval of a building and site improvements qualifies for a Class 3 Categorical Exemption pursuant to CEQA Guidelines Section 15303(c) for New Construction or Conversion of Small Structures.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Hercules does hereby:
Approve modifications to the conditions of approval for the Home Depot project, Conditional Use Permit #02‑03 and Design Review Permit #02-03, substantially in the form contained in Exhibit A.
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 upon and concurrent with the adoption and effective date of Zoning Text Amendment #21-02 (the parking exception zoning amendment).
The foregoing Resolution was duly and regularly adopted at a regular 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, 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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