RESOLUTION NO. 22-___
FRANKLIN CANYON RV RESORT PROJECT
A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE PARCEL MAP #20-01, DESIGN REVIEW PERMIT #20-01, LOT LINE ADJUSTMENT #20-01, AND INITIAL STUDY #20-01 FOR CEQA DETERMINATION TO REDEVELOP THE EXISTING 18-HOLE FRANKLIN CANYON GOLF COURSE WITH A RECREATION VEHICLE (RV) RESORT/CAMPGROUND WITH 158 SPACES FOR RECREATION VEHICLES, 22 WALK-IN TENT BUNGALOW CAMPSITES, A NEW APPROXIMATELY 10,500-SQUARE-FOOT CLUBHOUSE, AND A PUTTING GREEN ON APPROXIMATELY 161.95 ACRES OF LAND, WITH APPROXIMATELY 70 ACRES TO BE DEEDED AS OPEN SPACE TO JOHN MUIR LAND TRUST, AT 3100 FRANKLIN CANYON ROAD, HERCULES, CA, SUBJECT TO CONDITIONS OF APPROVAL CONTAINED HEREIN.
WHEREAS, the Planning Commission and the City Council of the City of Hercules have received and considered the applications by Thomas Hix of Madison MRH-1 Franklin, LLC (“Applicant”) for the Project known as Franklin Canyon RV Resort located on Franklin Canyon Road; and WHEREAS, on June 26, 2019, in response to the Applicant’s request for a Zoning Clearance for the Franklin Canyon RV Resort Project (ZD #19-01), the City issued a Notice of Decision (“Decision”) declaring that the uses proposed were similar to those contained in Measure M and found that the proposed uses were in conformance with the uses allowed in the Franklin Canyon Area as allowed by Measure M and the City’s Zoning Ordinance. The Decision concluded that the Project would need to obtain a Design Review Permit prior to commencement of construction. The Decision was mailed to property owners and residents within 1,900 feet of the Project site and posted at City Hall in accordance with Hercules Municipal Code Section 13-44.400. The Decision was also provided to the City Councilmembers and the Mayor by email on June 26, 2019, which email stated the appeal period for the public would end on July 10, 2019, and that the Council could call up the Decision for its review at its next council meeting on July 9, 2019. No appeal was filed challenging the Decision, nor did the Council call up the Decision for review at its next meeting, so the Decision became final on July 11, 2019.
WHEREAS, the Applicant has now submitted the following applications for the proposed Franklin Canyon Project, which collectively define the Project:
Design Review Permit #20-01 proposes to redevelop the existing 18-hole Franklin Canyon Golf Course with a recreation vehicle (RV) resort/campground with 158 spaces for recreation vehicles, 22 walk-in tent bungalow campsites, a new approximately 10,500-square-foot clubhouse, a putting green, and an approximately 20,000-square-foot covered storage area for up to 24 recreational vehicles; and Lot Line Adjustment #20-01 proposes to adjust the western and partial northern property lines and partially abandon the southern property line to deed approximately 70 acres to the John Muir Land Trust for use as open space with recreation trails; and Tentative Parcel Map #20-01 proposes to subdivide the remaining acreage into two parcels, where Parcel 1 will consist of 52.16 acres and include the proposed club house, security and information building, existing maintenance and storage building, driving range and practice green, Class A RV sites and tent bungalow sites, and Parcel 2 will consist of 40.12 acres and include the existing surface parking lot, proposed community garden, Class B/C sites, and RV storage structure; and WHEREAS, Hercules Municipal Code, Chapter 13-42 – Design Review defines the purpose of and types of projects subject to Design Review, which includes any erection, construction, or exterior alteration of any public or private building be reviewed by the Planning Commission based on findings with facts; and WHEREAS, the Franklin Canyon RV Resort Project is consistent with the goals, policies, objectives, and standards of Ordinance No. 401, an Ordinance of the People of the City of Hercules – Hercules General Plan Amendment and Land Use Designations for the Franklin Canyon Area, in that The proposed use is a low-intensity outdoor recreation and pastime predominately for active participants that is compatible with preserving the natural qualities of the Franklin Canyon Area; The proposed use is for nature observation and enjoyment; The proposed use accommodates short-term occupancy and for provision of food and drink that limits overnight stays to 30-days or less; The proposed use facilitates outdoor recreation that does not interfere substantially with the use of land for agriculture or cause lasting environmental harm or adverse visual effects; The proposed structures do not stand taller than 35 feet; Each parcel is larger than 40 acres, the minimum parcel size for properties within the Franklin Canyon Area, as required by City Ordinance No. 401; The maximum floor area for each parcel is not greater than 20,000 square feet; and The proposed structures are located away from lot lines and are generally screened from views so as to minimize visibility from public spaces and the colors, materials, and heights of structures are subordinate to and blend with the natural and opens space qualities of the areas to be as unobtrusive as possible and not adversely impact the open space qualities; and WHEREAS, the Planning Commission held properly noticed public hearings on the Project at its regular meeting of September 20, 2021, at its regular meeting on October 4, 2021, and at its regular meeting on January 18, 2022, and considered and analyzed the Project applications listed above and CEQA Initial Study #20-01; and WHEREAS, City Staff utilized the Administrative Procedure process outlined in Chapter 13-40 of the Hercules Municipal Code Zoning Ordinance and prepared a staff report on the Design Review Permit that included defining the five required findings with supporting facts therein to present to the Planning Commission; and WHEREAS, City staff prepared an Initial Study / Mitigated Negative Declaration (State Clearinghouse #2021030302) pursuant to Sections 15063 and 15168 of the California Environmental Quality Act (CEQA) Guidelines, and finds that the land uses and impacts from the development of the proposed Franklin Canyon RV Resort project would result in no new or more severe significant impacts. The Initial Study identified and analyzed the potential environment effects from redevelopment of the existing 18-hole golf course and determined the potential environmental impacts would be fully mitigated to less-than significant levels, particularly in the following environmental areas:
Air Quality;
Biological Resources;
Cultural Resources;
Geology and Soils;
Hazards and Hazardous Materials;
Hydrology and Water Quality;
Noise;
Transportation;
Tribal Cultural Resources; and
WHEREAS, the Planning Commission of the City of Hercules considered the applications, staff report, and various verbal and written input provided at the September 20, 2021 regular meeting, the October 4, 2021 regular meeting, and the January 18, 2022 meeting; and WHEREAS, on January 18, 2022, the Planning Commission adopted Resolution #2-03 recommending the Council’s approval of Lot Line Adjustment #20-01, Tentative Parcel Map #20-01, Design Review Permit #20-01, and Initial Study #20-01 for CEQA determination; and WHEREAS, the City Council held a properly noticed public hearing on October 26, 2021, and February 8, 2022, and has thoroughly considered all above referenced comments, reports, recommendations, and testimony before making a decision or taking any action on the Project, and has used its independent judgement and considered all such comments, reports, recommendations, and testimony; and WHEREAS, the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work and visit this development or live in proximity to this development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the following findings and determinations regarding the Project applications described above subject to the Applicant’s incorporation and implementation of the Project conditions described in the attached Exhibit C – Project Drawings and Exhibit A – Conditions of Approval, and based on the findings and determinations set forth in the attached Exhibit D – Findings with Facts:
The foregoing recitals are true and correct and made a part of this resolution by this reference.
Based on the CEQA Initial Study #20-01 and implementation of the Mitigation Monitoring & Reporting Program (Exhibit B), the Proposed Project and uses and impacts from the development of the proposed Franklin Canyon RV Resort project would result in no new or more severe significant impacts. The Initial Study identified and analyzed the potential environment effects from redevelopment of the existing 18-hole golf course and determined the potential environmental impacts would be fully mitigated to less-than significant levels; therefore, no further environmental review is required for the Project.
After public hearing, due study, and deliberation, the City Council makes the specific findings and determinations shown in the attached Findings with Facts contained herein as Exhibit D, contingent upon the Applicant’s adherence to and compliance with the Conditions of Approval set forth in Exhibit A.
The Project as proposed and conditioned would not be detrimental to the health, safety, welfare, and public interest of the City.
The Project is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance once the above listed changes and amendments thereto are approved and made effective by the City Council.
The City Council finds that all elements, requirements, and conditions are a reasonable and appropriate manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work or visit this development in particular.
BE IT FURTHER RESOLVED that the City Council makes the following findings and determinations regarding the proposed Lot Line Adjustment #20-01 in accordance with Section 10-2.102 and the Subdivision Map Act, based on the Findings of Fact set forth in Exhibit D attached hereto and contingent upon the Applicant’s adherence to and compliance with the attached Exhibit C - Project Drawings and Exhibit A - Conditions of Approval:
The Lot Line Adjustment for the Franklin Canyon RV Resort overall plan (LLA #20-01) was submitted to the City Engineer and has been accepted as adequate Therefore, the City Council approves Lot Line Adjustment #20-01 for the Project Site known as Franklin Canyon RV Resort contingent upon the Applicant’s adherence to and compliance with the attached Exhibit C – Project Drawings and subject to the Conditions of Approval contained in Exhibit A attached hereto.
BE IT FURTHER RESOLVED that the City Council makes the following findings and determinations regarding the proposed Design Review Permit #20-01 in accordance with Title 13, Chapter 42 of the Hercules Municipal Code Zoning, based on the Findings of Fact set forth in Exhibit D attached hereto and contingent upon the Applicant’s adherence to and compliance with the attached Exhibit C - Project Drawings and Exhibit A - Conditions of Approval:
1. The approval of the design review plan is in compliance with all provisions of the City of Hercules Municipal Code, Zoning Section 13-42, Design Review, as well as pertinent provisions of the Zoning Ordinance and applicable zoning and land use regulations, and including, but not limited to, the Hercules General Plan.
2. The approval of this design review permit is in the best interest of the public health, safety, and general welfare.
3. Site design, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, heights, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.
4. General architectural considerations, including the character, scale and quality of 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 ensure the compatibility of this development with its design concept and the character of adjacent buildings.
5. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a five (5) year growth period, provision for irrigation, maintenance and protection of landscape areas and similar elements have been considered to ensure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public.
Therefore, the City Council approves Design Review Permit #20-01 for the Project Site known as Franklin Canyon RV Resort, contingent upon the Applicant’s adherence to the attached Exhibit C – Project Drawings and subject to the Conditions of Approval set forth in Exhibit A attached hereto.
BE IT FURTHER RESOLVED that the City Council makes the following findings and determinations regarding the proposed Vesting Tentative Map #20-01 in accordance with Title 10, Chapter 2 (Subdivisions) of the Hercules Municipal Code, based on the Findings of Fact set forth in Exhibit D attached hereto and contained herein, and contingent upon the Applicant’s adherence to and compliance with all Exhibit C – Project Drawings and Exhibit A – Conditions of Approval:
Vesting Tentative Map #20-01, as proposed and subject to conditions of approval, is consistent with the General Plan, as amended.
Vesting Tentative Map #20-01, as proposed and subject to conditions of approval, is consistent with the Measure M Franklin Canyon Area land use designation on the property.
Vesting Tentative Map #20-01, as proposed and subject to conditions of approval, is consistent with the intent of applicable subdivision regulations and related ordinances in Title 10, Chapter 2 (Subdivisions) of the Hercules Municipal Code and with the provisions and intent of Section 66474 of the California Government Code.
The design and improvements of Vesting Tentative Map #20-01, as proposed and subject to conditions of approval, are consistent as they relate to the Project Site.
Project design, architecture, and concept are suitable for the project site created by the Vesting Tentative Map #20-01, as proposed, and therefore the proposed minor subdivision is physically suitable for the type and intensity of development proposed.
The Mitigation Measures and the Mitigation Monitoring & Reporting Program based on the Initial Study and CEQA Determination (IS #20-01), approved concurrently herewith, ensure that the Project does not result in any new significant environmental effects, substantially increase the severity of any previously identified environmental effects, or otherwise lead to any conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR.
Vesting Tentative Map #20-21, as proposed and subject to conditions of approval, will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns.
The design of Vesting Tentative Map #20-01, as proposed and subject to conditions of approval, will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision.
Therefore, the City Council approves Vesting Tentative Map #20-01, for the Project Site known as Franklin Canyon RV Resort, contingent upon the Applicant’s adherence to the attached Exhibit C–Project Drawings and subject to the Conditions of Approval set forth in Exhibit A attached hereto.
BE IT FURTHER RESOLVED that the City Council finds and the Applicant agrees with the necessity of and accepts all elements, requirements, and conditions of VMT #20-01, DRP #20-01, LLA #20-01, and IS #20-01 Mitigation and Monitoring Report Program attached to City Council Resolution No. 21-XX for the Franklin Canyon RV Resort project as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit, or live in this development based on the attached Findings with Facts in Exhibit D.
THE FOREGOING RESOLUTION 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
ATTEST:
_________________
Lori Martin
City Clerk & Administrative Services Director
Exhibits:
Exhibit A. Conditions of Approval
Exhibit B. Mitigation Monitoring and Reporting Program
Exhibit C1. Lot Line Adjustment
Exhibit C2. Vesting Tentative Map
Exhibit C3-1. Franklin Canyon RV Resort Civil Plans
Exhibit C3-2. Franklin Canyon RV Resort Civil Plans (Wastewater) Exhibit C3-3. Design Review Plans, including Architectural Elevations Exhibit C3-4. Conceptual Landscaping Plans (part 1)
Exhibit C3-5. Conceptual Landscaping Plans (part 2)
Exhibit D. Findings with Facts