ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES TO AMEND SECTION 13-48 OF THE HERCULES MUNICIPAL CODE MODIFYING THE EXCEPTIONS PERMITTED WITH A PLANNED DEVELOPMENT PLAN BY ELIMINATING THE AMOUNT OF A DEVIATION WHEREAS, Sections 13-48.200 and 13-48.600 of the Hercules Municipal Code currently permits exceptions to Zoning Code standards as part of a Planned Development Plan if such exceptions are approved through the minor exception process with findings that any exceptions are warranted by the design and amenities incorporated in the final planned development plan; and WHEREAS, a minor exception limits the amount of a deviation to ten percent of the Zoning Code standard; and WHEREAS, ERC SC, LLC filed an application to amend this text concurrent with their request for a Vesting Tentative Map, Planned Development Plan, Design Review Permit, and Lot Line Adjustment for a project known as the 215 Skelly Project; and WHEREAS, ERC SC, LLC seeks approval of a Planned Development Plan with exceptions to deviate from Zoning Code standards exceeding ten percent based on project design and amenities; and WHEREAS, a text amendment would apply to any proposed project for a Planned Development Plan if required findings are made; and WHEREAS, the text amendment would provide greater flexibility for development projects in exchange for increased quality design and amenities; and WHEREAS, on September 6, 2022, the Planning Commission held a duly noticed public hearing to consider these amendments and did hear and use its independent judgment to consider all said reports, recommendations, and testimony hereinabove set forth, and recommended approval on a 4-0 vote; and WHEREAS, the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 215 Skelly project (collectively IS/MND) was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and pursuant to CEQA Guidelines section 15074, the City Council has considered the IS/MND 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 zoning text amendment 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 215 Skelly Project, which includes the zoning text amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEARBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby incorporates the above recitals into this Ordinance by this reference.
SECTION 2. Amendment. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code Section 13-48, to read as found in Exhibit A.
SECTION 3. SEVERABILITY. If any section, 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 Publication. 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 27th day of September, 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:
ABSENT:
ABSTAIN:
Dion Bailey, Mayor
__________________________________________
Lauren Berges, City Clerk
Exhibit A: Draft Ordinance amending Hercules Municipal Code Sec. 13‐48.200 Application and Applicability.
A planned development plan shall be prepared for developments and subdivisions within zoning districts specified in Division II of the Zoning Ordinance. Development design may deviate from the standards of a zoning district to the extent that the planned development plan is consistent with the intent of the General Plan and Zoning Ordinance. A planned development plan shall include only uses and densities permitted in the zoning district in which the planned development plan is located.
All proposals for subdivision or development within zoning districts requiring planned development plans shall be required to submit a planned development plan application concurrently with other applications. There are 3 potential stages in the review process which are outlined below and include the following: (1) conceptual; (2) initial; and (3) final. The final stage includes design review as established in Chapter 13-42.
The final planned development plan encompasses the detailed building, landscaping, signage, and exterior lighting design of the project. Final planned development plans shall consist of both use permit and design review approval along with sufficient plans and exhibits to document all project features and conditions. The final planned development plan and design review must be approved prior to building permit issuance. [Ord. 515 § 2, 2018; ZO § 48.200.] Sec. 13‐48.600 Required Findings.
The City Council may grant a planned development plan permit, or modify an approved planned development plan with or without conditions only if all the following findings are made:
That the proposed use and densities are consistent with the General Plan.
That 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 planned development.
That any exceptions from standard ordinance requirements are warranted by the design and amenities incorporated in the final planned development plan.
That the area surrounding the project site can be planned and zoned in coordination and substantial compatibility with the proposed development; That existing or proposed utility services are adequate for the development densities proposed. [Ord. 515 § 2, 2018; ZO § 48.600.] 2