RESOLUTION# _____
215 SKELLY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING FINAL PLANNED DEVELOPMENT PLAN (FPDP) #22-01, DESIGN REVIEW PERMIT (DRP) #22-01, VESTING TENTATIVE MAP (VTM) #22-01, LOT LINE ADJUSTMENT #22-01 AND INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 7.44-ACRE PROJECT SITE KNOWN AS 215 SKELLY LOCATED ALONG SKELLY WEST OF PEARCE (ASSESSOR’S PARCEL NUMBER APN 404-020-012) WHEREAS, the City Council and Planning Commission have received and considered applications from ERC SC, LLC (“Applicant”) for the Project known as 215 Skelly located along Skelly west of Pearce (APN 404-020-012; and WHEREAS, the following applications related to the 215 Skelly Sycamore Project have been filed concurrently and collectively define the Project:
Initial Study/Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program – (collectively, IS/MND) #22-01 dated July 2022; Vesting Tentative Map (VTM) #22-01 to subdivide approximately 7.44 acres into 40 residential lots and seven (7) parcels with conditions of approval; and Planned Development Plan (FPDP) #22-01 for a 40-unit single family residential subdivision, with a wetlands area, cell tower and buffer, emergency vehicle access, a trail connection, and on- and off-site traffic calming measures; Design Review Permit (DRP) #22-01in accordance with Section 13-42.200 of the Hercules Municipal Code, for the above listed project; Zoning Amendment to change text in Chapter 13-48 (Planned Development Plans) of the Hercules Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation; and Lot Line Adjustment to expand the adjacent rear yard and provide for emergency access (#22-01) WHEREAS, in accordance with the California Environmental Quality Act (CEQA), a CEQA Initial Study and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (#IS22-01) dated July 2022 was prepared for the proposed Project. The IS/MND was released for public review on July 5, 2022, with a 30-day public review period ending on August 5, 2022. The IS/MND identified potentially significant impacts associated with Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Noise, Transportation, and Tribal Cultural Resources. Mitigation measures are included in the Mitigation Monitoring and Reporting Program in the IS/MND to reduce all potential Project impacts to less than significant; and WHEREAS, Chapter 48 of the Zoning Ordinance states that an initial planned development plan and final planned development plan may be reviewed concurrently at the request of the applicant, and that planned development plans and subdivision maps may be processed concurrently; and WHEREAS, a duly noticed public hearing was held by the Planning Commission at their September 6, 2022 Planning Commission meeting, where a Staff Report, described and analyzed all of the above listed applications, including the IS/MND. The Planning Commission adopted Resolution #___ recommending that the City Council approve the requested entitlements on a 4-0 vote; and WHEREAS, a duly noticed public hearing was held by the City Council at their September 27, 2022 City Council meeting, where a Staff Report, described and analyzed all of the above listed applications, including the IS/MND.
WHEREAS, the City Council has received oral and written comments from the general public, property owners, and interested parties, and has thoroughly considered all above referenced information, reports, Project plans, staff recommendations, and testimony during the public hearing of September 27, 2022, before using its independent judgment and taking any action on the Project.
NOW, THEREFORE BE IT RESOLVED, that the City Council after due study, deliberation, and public hearing for the proposed Final Planned Development Plan (FPDP) #22-01, Design Review Permit (DRP) #22-01, Vesting Tentative Map (VTM) $22-01, Lot Line Adjustment (LLA) #22-01, and IS/MND, and finds and determines that:
The foregoing recitals are true and correct and made a part of this resolution by this reference.
The Proposed Project was evaluated based on the requirements of the CEQA, and pursuant to CEQA Guidelines section 15074, the City Council has considered the IS/MND (attached hereto as Exhibit B and incorporated herein) together with any comments received during the public review process and finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigation measures in the Mitigation Monitoring and Reporting Plan will mitigate any potential impacts to less than significant levels. The IS/MND reflects the City Council’s independent judgment and analysis, and the City Clerk is the custodian of the record of proceedings for the Project.
The proposal would not be detrimental to the health, safety, welfare, and public interest of the City.
The proposal is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance once the Zoning Text Amendment is approved by 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 finds the following regarding the proposed Final Planned Development Plan #FPDP 22-01 in accordance with Section 13- 48 of the Hercules Municipal Code Zoning Section as it relates to approval of a Planned Development Plan:
The proposed use and densities are consistent with the General Plan.
The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the proposed project exceeding those anticipated in the Initial Study and updated Traffic Analysis contained therein.
That any exceptions from standard ordinance requirements are warranted by the design and amenities incorporated in the approved FPDP #22-01 drawings and approved exceptions regarding lot size, lot width, lot depth, and corner side yards.
The area surrounding the Project Site can be planned and zoned in coordination and substantial compatibility with the proposed development so long as the conditions of approval are met.
The existing and proposed utility services are adequate for development densities proposed and will comply with the improvement standards required by VTM #22-01.
The City Council approves FPDP #22-01 for the Project Site known as 215 Skelly subject to Conditions of Approval contained herein in Exhibit A so long as any redlined changes to the drawings shown in Exhibit C as discussed by staff and the City Council are incorporated.
BE IT FURTHER RESOLVED that the City Council finds the following regarding the proposed Design Review Permit #DRP 22-01 in accordance with Chapter 13- 42 of the Hercules Municipal Code Zoning Section that:
The approval of the design review plan is in compliance with all provisions of this Chapter, pertinent provisions of Zoning Ordinance and applicable zoning and land use regulations, including but not limited to the Hercules General Plan as amended and any specific plan.
The approval of the Design Review is in the best interest of the public health, safety, and general welfare.
General site considerations, 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.
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.
General preliminary 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 landscaped 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.
The City Council approves DRP #22-01 for the Project Site known as 215 Skelly subject to Conditions of Approval contained herein in Exhibit A so long as any redlined changes to the drawings shown in Exhibit C as discussed by staff and the City Council are incorporated.
BE IT FURTHER RESOLVED that the City Council finds the following regarding the proposed Vesting Tentative Map VTM #22-01 in accordance with Title 10, Chapter 2 (Subdivisions) of the Hercules Municipal Code:
VTM #22-01 is consistent with the General Plan, as amended; VTM #22-01 is consistent with the RS-L zoning of the property which allows the proposed uses; VTM #22-01 is consistent with the intent of applicable subdivision regulations and related ordinances in Title 10, Chapter 2 (Subdivisions) of the Hercules Municipal Code; The design and improvements of VTM #22-01 are consistent as they relate to the Project Site; VTM #22-01 is consistent with the FPDP #22-01 for the 215 Skelly project and therefore consistent with the Zoning Ordinance; Project design, architecture, and concept are suitable for the Project Site created by VTM #22-01 and therefore, the proposed subdivision is physically suitable for the type and intensity of development proposed; All Mitigation Measures and the Mitigation Monitoring program adopted with IS/MND are appropriate for addressing any potential environmental impacts identified; The design of VTM #22-01, will not conflict with easements or access through or use of property within the proposed subdivision; and The City Council approves VTM # 22-01 for the Project Site known as 215 Skelly subject to Conditions of Approval contained herein in Exhibit A so long as any redlined changes to the drawings shown in Exhibit C as discussed by staff and the City Council are incorporated.
BE IT FURTHER RESOLVED that the City Council finds the following regarding the proposed Lot Line Adjustment LLA #22-01 in accordance with Title 10, Chapter 2 (Subdivisions) of the Hercules Municipal Code:
The parcels resulting from the proposed lot line adjustment conform to the general plan and any applicable specific plan.
The parcels resulting from the proposed lot line adjustment conform to the building ordinance and zoning ordinance, including but not limited to those provisions which address minimum lot size, required lot frontage, lot width at the front yard setback, building setbacks, building lot coverage, and floor area ratio.
The City Council approves LLA # 22-01 for the Project Site known as 215 Skelly subject to Conditions of Approval contained herein in Exhibit A so long as any redlined changes to the drawings shown in Exhibit C as discussed by staff and the City Council are incorporated.
BE IT FURTHER RESOLVED that the City Council finds and the Applicant agrees (as stated in the public hearing) with the necessity of and accepts all elements, requirements and conditions of the FPDP #22-01, DRP #22-01 , VTM #22-01, and LLA #22-01, and the above referenced for the 215 Skelly 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 live in this development in particular.
BE IT FURTHER RESOLVED that if there is any conflict between the attached Approved 215 Skelly Development Plans contained in Exhibits C and/or the conditions of approval in Exhibit A, the Planning Director shall reasonably resolve the issues based on the general intent discussed in the staff reports, environmental documents, and City policy.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 27th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dion Bailey, Mayor
__________________________________________
Lauren Berges, City Clerk
Exhibits:
Exhibit A - 215 Skelly Conditions of Approval
Exhibit B - Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Exhibit C - 215 Skelly Development Plans
EXHIBIT A
215 SKELLY PROJECT CONDITIONS OF APPROVAL
EXHIBIT B
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM EXHIBIT C:
215 SKELLY DEVELOPMENT PLANS
City Council Resolution for 215 Skelly Project PAGE \* MERGEFORMAT 107 City Council Resolution ____ for 215 Skelly Project