EXHIBIT A CONDITIONS OF APPROVAL
FRANKLIN CANYON RV RESORT LOT LINE ADJUSTMENT (LLA) #20-01 VESTING TENTATIVE MAP (VTM) #20-01 DESIGN REVIEW PERMIT (DRP) #20-01 The Applicant shall comply with the following Conditions of Approval. Where a Condition refers to a building or property owner or other person or entity, the Applicant shall ensure that such other person or entity complies with such Condition. The Applicant may, in appropriate circumstances, assign responsibility for compliance with specific Conditions to a successor-in- interest (e.g., John Muir Land Trust or other successors-in-interest to property within the project), but such assignment shall not relieve the Applicant of the obligations to the City as set forth herein without the express, written consent of the City Manager, which consent shall not be unreasonably withheld. The Applicant shall supply to the Community Development Department written statements from each agency or department having primary responsibility for the implementation of each condition, indicating that, in the reasonable discretion of such department, all applicable conditions required have been or will be met prior to issuance of building permits, installation of any improvements, or as otherwise indicated.
LEGEND:
DEPARTMENT with primary responsibility for implementing the listed conditions of approval:
(B) = Building
(CA) = City Attorney
(F) = Fire District
(PD) = Police Dept.
(PL) = Planning
(PR) = Parks & Recreation;
(PW) = Public Works
Any redlined changes to DRP #20-01 drawings, VTM #20-01 drawings, or the Lot Line Adjustment drawing shown in Exhibit C, as discussed by staff and approved by Planning Commission, shall be updated for the City Council submittal package. (PL) Approval of Design Review Permit (DRP) #20-01 is contingent upon City Council approval of CEQA Determination/Initial Study (IS) #20-01. (PL) Approval of Vesting Tentative Map #20-01 is contingent upon City Council approval of DRP #20-01. (PL) Approval of Design Review Permit (DRP) #20-01 is contingent upon approval of Lot Line Adjustment #20-01 and VTM #20-01. (PL) Applicant shall comply with all Mitigation Measures contained in the Initial Study/Mitigated Negative Declaration for the Project (IS #20-01) and provide evidence of implementation to the Community Development Director. If the applicant should fail to comply with all Mitigation Measures, the City of Hercules retains the right to withhold the applicable permit until compliance is met. (PL) Applicant shall comply with all applicable conditions of approval for LLA #20-01, VTM #20-01, and DRP #20-01 contained herein. (PL) Minor Plan Changes. The project shall be built substantially in compliance with the approved DRP #20-01, unless otherwise amended by action of the City Council. Minor modifications to the project may be requested by the Applicant and approved administratively by the City, in the reasonable discretion of the Community Development Director, in accordance with Section 13-46 of the City of Hercules Municipal Code. The decision must be based on the standards that applied to the original project approval, and a minor change can only be approved or conditionally approved if the Community Development Director determines that the minor change is consistent with the spirit and intent of the original project approval and does not change the effects of the approval on surrounding property. Under no circumstance shall a minor modification be deemed to include a change in land use, an increase in the square footage of any building, a reduction in any required setback, or a relocation of any street. Any substantial change or increase will require that the Applicant apply for and receive approval of a major modification by an amended permit approved by the Planning Commission. (PL) Non-Transferability. The project approvals listed herein are approved for the project and location described in the application, shown and described as the Franklin Canyon RV Resort project, and shall not be transferable to other property. (PL) Approval Period. These project approvals referred to herein are each valid for two years from the date the approvals become effective (the “Approval Period”). If site grading or relocation of on-site utilities has not commenced by that time, these approvals shall expire. The Approval Period may be extended for one (1) additional year by submitting to the Community Development Department a written request and paying the applicable fee for extension prior to the expiration date; however, no extension may be granted unless and until the Community Development Director determines, in writing, that (a) the applicant has diligently pursued development of the proposed project, and (b) these initial conditions of approval remain adequate to assure that the stated findings required for each approval remain valid. If the Community Development Director or his/her designee determines that the initial conditions of approval are no longer adequate to assure that the stated findings remain valid, he/she may grant the requested extension subject to such reasonable additional conditions of approval as are necessary to assure that the stated findings required for each approval will remain valid. If site grading or relocation of on- site utilities has commenced prior to the expiration of the Approval Period, this Condition No. 9 shall have no further force or effect. (PL) Acceptance of Conditions; Waiver of Objections. 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) Indemnification. 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 (“Claims”) brought by any third party arising from or relating to the City’s processing of Applicant/Grantee’s development applications and the City’s issuance of any of the approvals described in these conditions, including but not limited to any Claims brought to attack, set aside, void or annul any of the City approvals described in these conditions, and any Claims brought against the City arising from or relating to Applicant/Grantee’s development and operation of the project that is the subject of such City approvals. City shall promptly notify Applicant/Grantee of any such Claim of which City receives notice, and City will fully cooperate with Applicant/Grantee in the defense thereof. Applicant/Grantee’s obligations under this condition shall extend to and 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 Claim. City may, in its sole discretion, participate in the defense of any such Claim and may elect to be represented by counsel of the City’s choosing at Applicant/Grantees’ expense, and such participation shall not relieve the Applicant/Grantee of any of the obligations of this condition. This indemnity shall not apply to Claims arising from (i) the negligence or willful misconduct of the City, or (ii) the ownership and/or maintenance of any public lands, public facilities or public improvements in the project that have been dedicated to and accepted by the City and for which any applicable warranty period has expired. (CA) Conditional Use Permit: Outdoor seasonal or other temporary sales are subject to provisions of Section 13-35.290 of the City’s Municipal Code for Outdoor Retail Sales and shall require City approval as needed for temporary use permits.
Site Plan, Elevations, Exterior Materials, and Design Elements: The location and elevations of all buildings and structures and the colors and materials shall be in substantial conformance, as determined by the Community Development Director in his or her reasonable discretion, with the City Council approved DRP #20-01 (including submitted color/material boards), VTM #20-01, and Lot Line Adjustment #20-01 and the Governing Ordinances set forth therein. If the Community Development Director finds the buildings, structures, colors and materials are not in substantial conformance without adequate explanation, plans shall be brought back to the Planning Commission for approval prior to the issuance of building permits. Any request for a minor modification shall be accompanied by plans reflecting the requested modification to the Community Development Director. (PL) Property Title Report. Prior to recordation of the Final Map, the Applicant shall provide the City with copies of the title reports for the 70 acres deeded to the John Muir Land Trust and the subject parcel for review and approval by the City Attorney, Community Development Director, and City Engineer. (PL) Street Addresses. Prior to issuance of a building permit, the applicant shall obtain Community Development Department approval in coordination with the Police Department and Fire District 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. (PL) Utility Boxes. Prior to the issuance of a building permit, a Utility plan must be submitted to the Community Development Director to ensure all utility meters, transformers, valves, and similar devices shall be painted and/or landscaped in a manner which is reasonably consistent with the site landscaping and building design, or hidden to blend with the surrounding environment to the extent practical. Irrigation control boxes shall be installed in-ground. (PL) Parking: Parking configuration and striping will be subject to project approvals and applicable city codes. Handicapped parking spaces shall be appropriately identified on the pavement to meet ADA standards. The Applicant shall clearly mark the dedicated 50 parking stalls reserved for public access to the John Muir Land Trust open space. All landscape planters within the parking area shall maintain a ten (10) foot curb radius for minor aisle intersections, unless otherwise allowed by the Public Works Director. (PL, PW) Electric Vehicle (EV) Parking and Recharge Stations: At a minimum, 13 EV parking spaces shall be provided in the project as required by the CALGreen Code in effect at the time of approval. EV parking spaces shall be shown on drawings included with the Building Permit submittal. (PL) Bicycle Parking. Prior to the issuance of a Certificate of Occupancy, the Applicant shall install a minimum number of bicycle lockers and bike racks, equal to no less than 5 percent of vehicle parking spaces (per 2019 CALGreen Standards) near commercial building entrances, in general proximity of the approved Site Plan, and to the reasonable satisfaction of the Community Development Director. Full specifications and design must be submitted and approved by the Community Development Director. (PL, PW) Signage: Prior to the issuance of building permits, the applicant shall submit a Master Sign Program (MSP) to the Community Development Director for review and approval detailing the final font and material selection. At a minimum, the signage plans shall include dimensions, colors, fonts, materials, and locations for the main entrance sign, directional signs, camp site markers, building signs, and any other signs proposed to orient, guide, or direct visitors to the resort. A sign permit will be issued under the approved MSP. Final location of any monument signs shall be coordinated with the Director of Public Works to ensure unobstructed traffic visibility, prior to the issuance of a building permit, in substantial conformity with the MSP and in accordance with the provisions of Section 13-34.800 of the Municipal Code, “Examples of Signs Permitted and Prohibited.” (PL, PW) Landscape & Fencing: The final landscape plan and irrigation plan with planting materials and planting plans shall be submitted to the Community Development Director for review and approval concurrent and consistent with the submission of the final grading plan. Deviations from the conceptual plant list much must be submitted and approved by the Community Development Director. The applicant shall make every reasonable effort to select similar types and sizes as proposed in the Conceptual Landscape Plans submitted for Planning Commission approval. Irrigation and landscape plans shall comply with the City’s Water Efficient Landscape Regulations, and provisions of Section 13-30.700.2 of the City’s Municipal Code, “Landscaped Areas” and Assembly Bill 325, “Model Water Efficient Landscape Ordinance,” (Division 2, Title 23, California Code of Regulations, Chapter 2.7, sections 490 through 495). The Landscape Plan shall use native, drought-resistant, and low maintenance species of plants, trees, and shrubs to reduce the demand for water and gas- powered landscape maintenance equipment. A final tree replacement plan (see below) shall be incorporated as part of an environmental mitigation program and the landscape construction drawings. The final landscape plan shall indicate the type, location, and size of all plants, trees, shrubs, and groundcover materials. All trees planted at the site shall be at least 15 gallon; all shrubs shall be a minimum of 5 gallon, except that ornamental shrubs along pathways may be 1 gallon. 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. Any landscaping and enhancements within the riparian corridor of Rodeo Creek are subject to regulatory approval by various agencies. In the event of any conflict between City’s Conditions of Approval regarding landscaping and regulatory agency permitting criteria, regulatory agencies’ specifications shall prevail. (PL, PW, B) Tree Replacement Plan: If qualifying trees, per Contra Costa County and the City of Hercules standards, are to be removed, the following replacement ratios shall apply:
1:1 replacement ratio for qualifying native trees (County qualifying tree list as referenced above) greater than or equal to 6.5 inches diameter at breast height (dbh) but less than 12 inches dbh. 2:1 replacement ratio for trees greater than 12 inches but less than 24 inches dbh. Replacement tree species selection should be based on whether the tree is one of the 26 native trees listed by the County or a non-native tree based on the City requirements. A like for like replacement is anticipated except for the Eucalyptus species. 3:1 replacement ratio for trees greater than 24 inches dbh. Replacement species selection would be a like for like replacement except for Eucalyptus species.
Landscape Installation. Prior to issuance of a Certificate of Occupancy, a licensed landscape architect shall verify in writing that the landscaping has been installed in accordance with the approved final landscape plan in all respects, including with respect to size, number, and species of plants. A final landscape plan be approved by the Community Development Director prior to submittal of the landscape installation verification. (PL) Water Conservation. Prior to the issuance of a Certificate of Occupancy, the applicant shall contact the East Bay Municipal Utility District (EBMUD) New Business Office and request a water service estimate to determine costs and conditions for providing water service to the proposed project and pay all applicable fees. All applicable water- efficiency measures described in Assembly Bill 325, “Model Water Efficient Landscape Ordinance,” (Division 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through 495) must be installed prior to approval service initiation by EBMUD.
Watering Schedule. The landscape contractor shall provide a watering schedule to the building owner or manager prior to issuance of a Certificate of Occupancy. The watering system shall include automatic rain shut-off devices, and the watering schedule shall include instructions on how to override the system during rainy periods or for other reasons (e.g., drought requirements). (PL) Walkway Requirements. All on-site sidewalks and paths shall be five (5) feet wide and shall comply with accessibility standards for individuals with disabilities under the Americans with Disabilities Act (ADA). Pedestrian scaled lighting shall be installed along all pedestrian paths to enable safe pathways during night time hours. Detail specifications for pedestrian lighting must be submitted prior to issuance of a Certificate of Occupancy.
Final Plans. The final building plans and corresponding building permit applications shall clearly indicate all building elevations, materials, and colors to be used in construction. (PL/B) Refuse/Trash Collection and Construction Debris: Prior to issuance of a Certificate of Occupancy, a refuse collection plan shall be formulated, working with the refuse collection provider, Republic Services (or its successor), to provide for efficient and effective trash/refuse collection system. The refuse collection plan shall be subject to Community Development Director review and approval. All trash enclosures shall substantially conform with Exhibit A3.0 of the approved Design Review Exhibits. Republic Services (a.k.a., Richmond Sanitary Service) is the exclusive franchised solid waste hauler for the City of Hercules. Republic Service’s exclusive collection 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 C&D waste from the construction of the project Q&R must be arranged with Republic Services (or its successor) prior to commencement of construction, or in another manner consistent with the Franchise Agreement or State Law. (PL, PW) Building Plan. To the extent required by the building code then in effect in Hercules, a building permit shall be secured for any new construction or modifications to structures, including interior modifications, authorized by this permit. Prior to the issuance of a building permit, a reproduction of all applicable conditions of this permit approval as adopted by resolution of the City Council shall be part of, and incorporated into, all sets of the construction documents and specifications for that project. (B) Roof Equipment. Before issuance of a building permit, Applicant shall demonstrate that all roof-mounted mechanical equipment, including but not limited to heating, ventilation, and air conditioning equipment, shall be recessed, grouped, and/or screened from view on adjoining property and public streets subject to reasonable approval of the Planning Director. It is realized that not all roof-mounted equipment may be fully 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 from public streets. All vents, gutters, downspouts, flashings, conduits, etc. that are visible from outside the building shall be painted the color of the adjacent surface. 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. 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) On-Site Maintenance: The property owner shall be responsible for the operation, maintenance, servicing, and capital replacement of all areas, including all parking areas, landscaping, open space (including Rodeo Creek), internal circulation routes, and common areas. (PW) Resort Rules, Agreements, and Visitor Log. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit to the Community Development Director a copy of the resort rules and agreements. Annually, the applicant shall submit a record of stays to the Community Development Director to ensure guests are not staying longer than 30 days, in an agreed upon template. At a minimum, the record shall include the name of the guests, vehicle license plate(s), the length of stay, and the type of site occupied. This record shall be submitted to City staff no later than January 31 of each new year. (PL) Equestrian Access. Prior to the issuance of building permits, the applicants shall work with the John Muir Land Trust and staff to ensure parking can accommodate multi-users. (PL) Fire Hazards. Outdoor fire pits and BBQs at individual RV/tent spaces are prohibited. Gas/propane fires and BBQs may be allowed at the Clubhouse and in communal areas, subject to RHFD approval. (PL, FD) Permits & Payment of Fees. Applicant shall secure all applicable permits and/or pay all third-party fees from other public regulatory agencies such as, but not limited to, Rodeo Hercules Fire District, East Bay Municipal Utility District, PG&E, West County Sub- regional Transportation Mitigation Fees (STMP), Contra Costa Health Services, City sewer connection, water boards, etc. (PL) City Fees. Applicant shall pay all applicable City Development Impact Fees, all other applicable fees imposed by the City in the Master Fee Schedule, and other applicable public and regulatory agency fees, and all applicable processing charges, prior to the issuance of building permits (or when otherwise due) that are in effect at the time of permit submittal. Required City fees shall include, but are not limited to, Planning fees, Building permit fees, General Public Facilities, Police Facilities, Transportation Facilities, Sewer Facilities, Community Development Tax, Park and Recreation Facilities, General Plan Update, and Building Training Fund, including any identified fair share costs of traffic mitigation fees.
City Business License. All contractors shall obtain a City of Hercules business license before starting work. (PL) Fire District Conditions
Fire Protection. In addition to applicable CA Fire Code sections, all phases of construction and development of this project must comply with standards found in the 2021 National Fire Protection Association (NFPA)1194, Standards for Recreational Vehicle Parks and Campgrounds. (FD) Fire Department Access. Consistent with the project plans, 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.
Fire Flow Analysis. 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) Fire Flow for this commercial project is estimated at 2,500 gpm with 20 psi residual in the main. CA Fire Code Appendix B can be referenced for Fire Flow requirement calculations. The applicant shall contact East Bay Municipal 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. The fire flow analysis and plans submitted to the Fire Department for approval of the on-site fire protection system shall address the following:
Confirm available flow/pressure at the current hydrant on the north side of the Clubhouse.
A booster pump is shown for fire and domestic. Fire pump needs a “reliable” driver (engine/motor) so either an electric fire pump with back-up generator OR a diesel driven fire pump assembly. A 24-hour monitored alarm for trouble and flow is required for the fire pump and backup generator. (FD, CFC 507) Fire Hydrant Spacing. Hydrant spacing for the clubhouse and RV storage 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. (FD, CFC Appendix C) Fire Hydrant. Fire hydrants and/or wharf hydrants are proposed throughout the project area. A revised fire hydrant and location plan shall be prepared prior to issuance of a building permit for approval by the Fire Department and shall show adequate spacing and location of all hydrants. Spacing between hydrants shall be no greater than 500 feet apart with a minimum flow of 250 gallons per minute. Fire Hydrant locations and distribution shall meet CA Code Appendix C.
Fire Sprinkler Systems. 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. (FD, CFC 903) Underground Mains. Private Underground Fire Mains require a separate Fire Department permit. Public or private fire mains may not run under buildings. (FD, CFC 507) Site Address. Prior to issuance of a Certificate of Occupancy, site address signage per current Fire Department Standards (12" illuminated) shall be installed on structures and each RV Space for easy identification. Temporary signage (non-illuminated) shall be established and maintained during construction. Assign an RV space or campsite identifier for each space, correlate to the site plan and emergency evacuation plan. (FD, CFC 505) Fire Lanes. Prior to issuance of Certificate of Occupancy, required Fire Department access routes shall be signed "No Parking-Fire Lane" per current Fire Department standards and the CA Vehicle Code. (FD, CFC 503) Traffic Calming Approval. 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. (FD, CFC 503.4) Knox Lock. Structures and lockable gates limiting vehicle access to commercial facilities shall be equipped with a Fire Department approved locking device or Fire Department approved key system ("Knox" lock or "Knox" keyed lock). (FD, CFC 506) EVA. Prior to issuance of a Certificate of Occupancy, the Applicant shall demonstrate that EVA gates are designed with a magnetic latch that is released by an Opti-Com compatible receiver and Knox key switch for first responders AND equipped with an interior detection loop so it will open when an occupant’s vehicle approaches the gate from the interior. NO loop on the exterior side so site-security is maintained. (FD) Emergency Radio Response. CA Fire Code, Section 510 requires an Emergency Responder Radio Coverage (in-building repeater) System, designed and installed percurrent Fire Department standards, in all-new structures unless post-construction signal strength testing demonstrates sufficient radio signal propagation. (FD, CFC 510) Solar Systems. Rooftop Solar Photovoltaic Systems shall comply with the CA Fire Code and CA State Fire Marshal Guideline. (FD, CFC 6050) Deferred Submittal. 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. (FD, CFC 105) Construction Fire Protection. The developer shall submit a "Fire Safety during Construction" plan to the Fire District at the time of Building Permit submittal. (FD, CFC 3308) Hazardous Materials Storage. 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. (FD, CFC 5001) Construction Fire Protection. Access roads and water supplies for fire protection shall be installed and made serviceable prior to storage or construction of any combustible materials. (FD, CFC 3312) Wildfire Urban Interface Plan. A Wildfire Urban Interface (WUI) plan showing the boundary of vegetation management and fuel treatment adjacent to the project (a.k.a., 10- ft. zone, 30-ft. zone, 100-ft. zone) shall be submitted to the Fire Department and Community Development Director for review and approval. The Plan shall indicate, as applicable:
Location of minimum 2A:20BC fire extinguishers
Location of grouped or stand-alone utility connection assemblies (power, water, sewer, communication) Accessibility/mobility features
Designated accessible RV sites
Designated accessible camping sites
Accessible picnic benches
Trash receptables, master dumpster, and dumpster enclosure Evacuation Plan. Prior to issuance of Certificate of Occupancy, an Evacuation Plan shall be prepared for review and approval by the Fire Department showing proposed locations of the posted Fire Safety Rules and Regulations and Fire lane markings.
Medical Response. The RV Resort on-site Manager, or other person(s) who will be on the site 24-hours, shall be certified in CPR and first aid training. In order to respond to service calls on the Project site, the Applicant shall provide to the Rodeo- Hercules Fire Protection District an ATV or side by side (or similar transport as agreed by the Fire Chief) equipped with medical equipment at a total cost not to exceed $75,000. The Applicant shall work with the Fire Chief in determining the appropriate medical equipment for the transport and the transport shall be housed at the Fire District. The transport shall be provided to the Fire District prior to the issuance of a Certificate of Occupancy.
The applicant shall provide Automated External Defibrillators (1 on each floor) within the Club House and an additional AED on the property that is always available for public access.
Police Department Conditions
Lighting. The applicant shall install adequate white light around the buildings and any clubhouse parking to ensure the safety of guests of the event center and restaurant. Prior to the issuance of a building permit, the Developer/Applicant shall obtain the approval of the Public Works Director of a photometric lighting plan which demonstrates that all exterior areas of the site 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 of City’s Landscape Architect, Planning, and Public Works Departments, in consideration of IES standards for lighting in public/community areas. The Applicant/Developer shall meet a performance standard of no increase in lighting spillover into adjacent “light-sensitive” areas as reasonably approved by the Planning Director. (PD, PW) Security. The applicant shall purchase a Flock camera and coordinate with the Police Department to site appropriately and install prior to issuance of a Certificate of Occupancy. (PD) Public Works/Engineering Conditions
Project-Specific Public Works Conditions
All construction engineering plans shall include and clearly show delineated, and Resource Agency verified, jurisdictional waters and wetlands along with required setbacks and exclusion fencing.
All construction engineering plans shall include and clearly show trees to be preserved and tree protection fencing.
As part of construction drawings, traffic plan shall be provided for the RV Resort Park for traffic control measures, including, traffic flows, turn around, vehicle queuing, unloading, hitching/unhitching tows, etc.
Prior to issuance of Grading Permits, applicant shall provide copies of all required Resource Agency permits for impacts to biological resources, along with approved mitigation plans All construction engineering plans shall include and clearly show to scale, the location and extent of the approved wastewater treatment facilities.
Prior to issuance of Grading Permits applicant shall provide copies of all required Regional Board and County Health Dept. permits for the wastewater treatment facilities and disposal fields, along with approved plans.
Prior to issuance of Grading Permits applicant shall provide engineering plans and written approval from EBMUD and RHFD of the fire suppression system including on- site fire lines, fire hydrants and fire service connections to all buildings which require them. Water lines, fire hydrants and emergency access shall be located within easements as required by EBMUD and/or RHFD.
Prior to issuance of Grading Permits applicant shall provide written approval from RHFD of fire protection access including roadway geometry including EVA to Christie Rd.
Prior to issuance of Grading Permits applicant shall provide documentation confirming Right of Way for EVA connection to Christie Rd along with approval from Contra Costa County for construction of the roadway.
Prior to issuance of Grading Permits applicant shall provide a Storm Water Control Plan in accordance with the most recent C.3 Guidelines published by Contra Costa County.
All construction engineering plans shall include and clearly show to scale, the location and extent of stormwater treatment facilities based on the Contra Costa C.3 Guidelines. Utility Plans shall include the location, sizing, and details for all inlets, subdrains and conduits required to comply with Condition #13 below.
Prior to issuance of Grading Permits applicant shall revise grading and drainage plan to include the following:
Size Stormwater treatment facilities on “area” basis (not volume) per Contra Costa C.3 Guidebook.
Hydromodification is required for this project.
Use runoff factors from C.3 Guidebook, i.e., RV Space gravel and DG will be greater than 0.1.
Indicate how overflows and sub-drains in bio basins will be conveyed to creek without passing through downstream Integrated Management Practices (IMPs).
Convey new concentrated runoff from internal and bypass (offsite untreated water) systems to creek. Provide details and all required Resource Agency approvals for new outfalls to creek.
A Parcel Map shall be prepared in accordance with the Hercules Municipal Code and the Subdivision Map Act to create two parcels per the approved tentative map and recorded.
Prior to recording the Parcel Map, a document shall be recorded regarding the deed restrictions that apply for the use of the RV Resort property to prohibit long term residency.
Prior to recording the Parcel Map, a Lot Line Adjustment shall be processed with the City of Hercules in accordance with the Hercules Municipal Code and Subdivision Map Act to set up the parcel configurations of the approved tentative map. Grant deeds shall be recorded to convey property and effectuate the lot line adjustment. A letter from the JohnMuir Land Trust (JMLT) (adjacent property owner) shall be provided to the City stating that JMLT concurs with the proposed Lot Line Adjustment Exhibit and will work with the applicant to process the Lot Line Adjustment and record deeds for the conveyance of property and to effectuate the Lot Line Adjustment. The letter shall also stipulate all agreements between parties related to real property such as: number of parking spaces for public use to access the nearby trails; trail access across applicant’s property; terms of the use of the parking spaces and maintenance responsibilities; grant of easement across a portion of the existing golf course for a water line and water line easement; emergency access road and easement across a portion of the JMLT property and maintenance responsibilities; etc. Tthe applicant shall obtain the easements and other rights from JMLT that are required to facilitate the tentative map approval and subdivision for a two lot Parcel Map and all fees associated with that endeavor. All documents related to the JMLT agreements shall be in a form acceptable to the City, including exhibits for depiction.
Prior to recording the Parcel Map, the applicant shall prepare a document for easements and use of the property associated with the two parcels created by the Parcel Map for the RV Park for review and approval by the City that will address maintenance of improvements, easements for utilities and access, etc. The document shall be recorded prior to, or concurrent with, recording the Parcel Map and run with the land in perpetuity.
All off-site easements required shall be obtained prior to obtaining a grading permit unless otherwise agreed to by the City Engineer/Public Works Director.
Existing utilities that have inadequate easements, or easements that can’t be determined of record, shall be redefined as needed so that they are clearly established prior to obtaining a grading permit. The applicant shall demonstrate that the relationship of the proposed improvements comply with the utility agency requirements regarding the proximity and type of existing utilities, including clearances, and proposed improvements that are allowed within the existing easement or utility corridor.
Standard Public Works Conditions
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 the clarifications to the conditions 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.
Final Geotechnical Report: Additional site investigation and preparation of a Geotechnical Engineering Study shall be performed prior to final design of site improvements as recommended by the Soil Feasibility and Geologic Hazard Study prepared by Condo Earth, dated August 10, 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 roads 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.
Work Hours: All contractors 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 on 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 8:00 pm on weekdays, and from 8:00 am to 5:00 pm on weekends.
Title Report: 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.
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 the 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.
Private Roads and Sidewalks: All internal roads shall be privately owned and maintained. Applicant/Developer and/or its successor owners shall be responsible for the maintenance of roadways, sidewalks, curb ramps, and crosswalks in accordance with California Streets and Highways Code Section 5600.
Access Easements: Applicant/Developer shall irrevocably dedicate appropriate access easements for any roads, sidewalks, access ramps, and crosswalks outside of the existing public right-of-way in order to provide continuous and unobstructed public access.
Disabled Access Requirements: An accessible pedestrian route shall be provided from each commercial building entrance to the public access easement within the privately- owned roads, and from each commercial building entrance to 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.
Sewer: Prior to the issuance of a Certificate Occupancy, the Applicant/Developer shall demonstrate that all sewer lines needed to serve the project have been constructed to the satisfaction of the City. 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. Storm drain maintenance shall be the responsibility of the Applicant/Developer or its successor owners.
Signing and Striping Plan: A signage and striping plan shall be submitted to the Public Works Department for review and approval with the building construction plans. All striping within public or private roads shall be thermoplastic.
Sight Distance: Applicant/Developer and its successor owners shall maintain landscaping at intersections in accordance with the City Standards. Shrubs shall be lessthan 30 inches and tree canopies shall be a minimum of six feet from the ground. No parking is allowed within designated sight clearance areas.
Retaining Walls: All retaining walls shall be constructed of aesthetically 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 require 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. Guardrails shall be installed where required for ADA compliance. Retaining Walls supporting private roads shall be inspected and maintained regularly at the responsibility of the Applicant/Developer or its successor owners.
Erosion Control: 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.
Joint Utility Trench: Applicant/Developer shall construct all utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the applicable utility jurisdiction standards and building code requirements. All communication vaults, electric transformers, cable TB 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 Project construction and placed to reduce their visual impact.
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 building 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.
The Applicant shall submit a grading permit application for approval by the City Engineer prepared by a registered civil engineer who incorporates into the grading plan all recommendations from soil engineering and engineering geology reports. The grading plan will be reviewed and approved by Public Works prior to issuance of the building permit. Building pad elevation and landscaping mounds shall be shown on the grading plan. The location of existing underground gas lines within the proposed development shall be determined and verified in the field prior to construction to avoid conflicts with the proposed improvements along with other requirements imposed by the utility agency with jurisdiction.
The Applicant shall submit adequate drainage calculations and hydraulic design to ensure that upstream areas and site will drain to a safe point of discharge.
The Applicant shall make arrangements with the 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.
Curb cut widths and design shall conform to the City Code and current Public Works standards.
The Applicant 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.
The Applicant shall submit on-site water plans where a separate loop or terminal line is required for fire hydrants and/or sprinkler systems. All improvements plans, construction cost estimates, soil reports, geology reports, and all pertinent engineering design calculations shall be submitted simultaneously.
The Applicant shall construct all streets, curbs, gutters, sidewalks, street lights, parkway and associated improvements per the City of Hercules Standard Drawings Book subject to any agreement between the parties regarding the development of the property.
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. The Applicant shall post a bond or other surety approved by the City guaranteeing the undergrounding.
An Encroachment Permit shall be obtained for equipment driving over City property and over public easements. A cash deposit shall be required to secure the repair of any damages and said deposit may be increased at the discretion of the City Engineer, as necessary.
All construction material/equipment shall be placed outside the City's rights-of-way.
Final Grading and Drainage Plans shall be designed to eliminate drainage from flowing across property lines.
Conditions of Approval – Franklin Canyon RV Resort 1
Planning Commission Meeting – January 18, 2022