September 6, 2022 Planning Commission – 215 Skelly 1
City of Hercules
Community Development Department
MEETING DATE: September 6, 2022
TO: Chair Rubio and Members of the Planning Commission
SUMBITTED BY: Timothy Rood, AICP, Community Development Director Tricia Stevens, AICP, MIG Consultant Planner
SUBJECT: 215 Skelly Vesting Tentative Subdivision Map
RECOMMENDATION
1. Request that staff present the staff report.
2. Open the public hearing and invite the applicant to make a presentation or statement.
3. Receive public comments.
4. Close the public hearing.
5. Adopt a Resolution recommending that the City Council approve the IS/MND, Vesting Tentative Subdivision Map, Design Review Permit, and Lot Line Adjustment subject to Conditions of Approval, and the full drawings contained therein.
6. Adopt a Resolution recommending that the City Council adopt an Ordinance approving Zone Text Amendment to change text in Section 13.48 (Planned Development Plans) to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
APPLICANT/OWNER:
ERC SC, LLC
c/o Adam Foster
3000 Executive Parkway, Suite 100
San Ramon, CA 94583
LOCATION: 215 Skelly west of the intersection of Skelly and Pearce APN 404-020-012.
September 6, 2022 Planning Commission – 215 Skelly 2
BACKGROUND
The project site has been partially developed with structures since as early as 1902. Up until recently, the site contained a single -family residence, 58 horse paddocks, a permitted 2,400- square-foot storage building, miscellaneous outbuildings, and a large metal-clad shed that appears to be an abandoned relic of the site’s previous use as a farm. The structures were demolished in July 2022 by the property owner, with appropriate permits.
A Conditional Use Permit was issued in 2009 for an 87-foot faux pine tree-pole cell tower, which is located on proposed Parcel E. No other Planning applications have been considered for the site.
D.R. Horton entered into a contract for purchase of the property in 2020. Prior to submitting its application, DR Horton conducted three community engagement events with the project neighbors.
DR Horton has also coordinated site visits with multiple neighbors to receive project input and collaborate on neighborhood issues. The three form al community engagement events thus far were:
1. A neighborhood outreach walk to all adjacent residences (10/15/2022)
2. A project overview and listening session with the Hercules by the Bay HOA (11/16/2022)
3. A follow‐up meeting with the HOA to go over project changes inspired by the community (3/15/2022)
The Hercules City Council held a study session on the proposed project on February 22, 2022.
PROJECT DESCRIPTION
The applicant is proposing the development of a residential subdivision consisting of 40 single - family residential lots on the approximately 7.44-acre project site in the Residential Single-Family Low Density (RS-L) land use designation and zone. The applicant has also referred to the project as “Owl Ranch.” The site is located off the end of Skelly near the intersection of Skelly and Pearce.
Surrounding land uses include:
North: Single-family homes. Lot sizes are typically 5,000 square feet.
South: Burlington Northern Sant Fe (BNSF) rail line and EBMUD easement.
East: Single- family homes. Lot sizes are typically 8,000 square feet.
West: Pinole Creek and two single-family homes.
September 6, 2022 Planning Commission – 215 Skelly 3
Figure 1 – Project Vicinity Map
September 6, 2022 Planning Commission – 215 Skelly 4
Figure 2 – General Plan and Land Use Map
The requested entitlements consist of:
a) Initial Study/Mitigated Negative Declaration, pursuant to the California Environmental Quality Act.
b) Zoning Amendment to change text in Section 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. c) Vesting Tentative Subdivision Map for 40 residential lots, and seven parcels for various open space and infrastructure purposes (#22-01)
d) Planned Development Plan to deviate from selected zoning district standards to accommodate housing units within the property’s allowed General Plan density e) Design Review Permit (#22-01)
f) Lot Line Adjustment to expand the rear yard of the adjacent property owner to the west and to secure area for emergency access (#22-01)
Lot Layout. Residential lots range in size from 3,983 square feet to 6,880 square feet. The project includes two Below Market Rate units – one low-income unit and one moderate-income unit.
In addition to the 40 single-family lots, the project includes parcels for a stormwater treatment area (Parcel B), emergency vehicle access (Lot C), an open space buffer (Parcel D) and an existing cell tower (Parcel E). It also includes a public trail along the southern portion of Parcel A (the project roadway).
Project Site
September 6, 2022 Planning Commission – 215 Skelly 5
Figure 3 – Site Plan
Access. Access is provided via Skelly to the east. An emergency vehicle access is provided on the northwest corner connecting to Rosti. The project streets will be private and are 43-45 in width.
All project private streets, common areas, and other common on‐site project features wi ll be maintained by the project HOA. In addition, t he project includes the following traffic calming features to help reduce speeds:
• On-site “bump-outs” along the southern street.
• “Bump-out” at the project entry on Skelly.
• Off-site “bump-out” on Skelly between Pearce and Hercules Avenue.
Pedestrian/Bicycle Access: A publicly accessible pedestrian/bicycle pathway is provided along the main project street, connecting pedestrian access to Pinole Creek and the San Francisco Bay Trail.
Proposed homes. The project provides three product types . Each product will have three options for front elevations: Farmhouse, Craftsman, and Traditional.
September 6, 2022 Planning Commission – 215 Skelly 6
Figure 4 – Proposed Homes
Number of
lots
Home size Bedrooms
Plan # 1583 15 1,583 sq. ft. 3 bdrm, 2.5
baths
Plan #1859 15 1,859 sq. ft. 4 bdrm, 3 bath
Plan #2311 15 2, 311 sq. ft. 5 bdrm, 3 bath
The proposed residences would be two stories in height , with two-car garages. A Design Review Permit is requested to ensure the proposed homes meet the City’s architectural standards.
Planned Development Plan and Text Amendment . A Planned Development Plan is proposed to accommodate the proposed number of lots within the allowed General Plan density. A Zoning text amendment is requested to modify Section 13. 48 of the Hercules Municipal Code to allow deviations from Zoning Code standards to exceed the maximum amount of deviation currently allowed through a minor exception. See Figure 6 for requested deviations.
Lot Line Adjustment. The lot line adjustment is requested in order to swap land with a property owner to the west to accommodate the proposed emergency vehicle access to Rosti.
Landscaping and Fencing. Development of the proposed project would involve the removal of 57 on-site mature trees and existing vegetation. Proposed landscaping includes replacement of removed trees with 96 36-inch box trees, along with new landscaping on each lot and in the open space areas.
Fencing consists of a combination of privacy and open fencing. Open fencing is provided adjacent to the wetland area and on the south side adjacent to the EBMUD easement. The easement area will be maintained by the Homeowners Associat ion. In the rear yards of Lots 1- 11, a V-ditch is proposed with the Homeowners Association responsible for maintenance. Privacy fences for the lots will be located outside of the V-ditch area.
Infrastructure. EBMUD would provide potable water service to the project site via an existing 8 - inch water line . Wastewater is collected by sewer lines owned and maintained by the City of Hercules via an existing 8-inch sewer line in Rosti. Electricity and natural gas services would be provided by PG&E. Stormwater would drain into a detention basin at the northwest corner of the project site.
PROCESS
The final hearing authority for this project is the City Council after a recommendation from the Planning Commission.
PROJECT ANALYSIS/ REQUIRED FINDINGS
A. Vesting Tentative Subdivision Map Findings
September 6, 2022 Planning Commission – 215 Skelly 7
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Hercules General Plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this Code.
See findings under B.1 for General Plan Findings
B. Planned Development Plan Findings
1. That the proposed use and densities are consistent with the General Plan.
The following chart outlines the project’s consistency with the General Plan:
Figure 5 – General Plan Consistency
Land Use Compliance
Objective 5: Develop and maintain a pattern of
residential land uses which provide for a
variety and balance of densities and
opportunities for a mix of dwelling and
residential type.
Policy 5A: Residential development shall be
consistent with gross density ranges in the Land
Use Categories and with the Land Use
Diagram.
Policy 5B: State law requires the City to allow
development of new residential areas and units
as part of meeting the regional need for
housing.
The project will be built at 5.4
dwelling units per acre (40 units),
well within the 2-7 dwelling units per
acre allowed in the Residential
Single- Family General Plan
Designation.
Yes
Policy 5C: Provide additional affordable
and/or senior citizen housing.
The project will provide two deed-
restricted Below Market Rate for-sale
single-family residences (one for
low-income and one for moderate
income households).
Yes
Objective 9: Promote attractively designed and
economically feasible development.
Policy 9A: New development shall be planned
and developed in a manner that funds or
mitigates costs for providing municipal
services. New residential development shall not
create new unfunded costs for providing
municipal services.
The project will be attractively
designed as outlined under the
findings for the Design Review
Permit. No unfunded costs for
provided municipal services have
been identified.
Yes
Objective 14: Protect and enhance significant
and desirable environmental attributes and
features.
The existing wetlands on-site will be
preserved. The project includes a six-
foot public trail along the main street
Yes
September 6, 2022 Planning Commission – 215 Skelly 8
Policy 14A: Develop trail systems, open space,
and other amenities that benefit the quality of
life in the community.
connecting pedestrian access to
Pinole Creek and the San Francisco
Bay Trail.
Circulation
Policy 1.A TRANSPORTAION
PERFORMANCE STANDARDS: It is the
City’s policy that all roads within the City
limits are required to meet specific
performance standards as identified in the
policy, hereafter referred to as “Multimodal
Transportation Service Objectives” (MTSOs).
The MTSOs shall also be utilized by the City as
significance criteria for the purpose of
conducting environmental analysis under
CEQA.
The MTSO applicable to all intersections
located along Basic Routes is LOS D,
representing an average delay of greater than
55 seconds per vehicle for signalized
intersections or an average delay of greater
than 35 seconds per vehicle for unsignalized
intersections.
Implementation Action 1.A.1 Transportation
Studies Required:
Based on criteria established by the City and/or
the Contra Costa Transportation Authority
(CCTA), a transportation study will be required
to evaluate a development project’s
transportation impacts if:
• The project generates 100 or more new
peak hour vehicle trips; or
• The project has sufficient local or
community interest as determined by
the Planning Director
The transportation study will assess the
project’s impacts on the City’s circulation
system and will evaluate the project’s
compliance with the required MTSOs for both
Regional Routes of Significance and Basic
Routes. The scope of the traffic analysis and the
methodology and assumptions used in
performing the traffic analysis will be
determined by the City’s Public Works and
A Traffic Impact Analysis was
prepared for the project. The
proposed project is expected to
generate 377 total daily trips,
including 28 net new a.m. peak hour
trips (7 in, 21 out) and 38 net new
p.m. peak hour trips (24 in, 14 out).
Under Existing Plus Project and
Cumulative Plus Projects scenarios,
both of the study intersections
(Hercules Avenue/Skelly, and
Hercules Avenue/San Pablo Avenue)
would continue to operate within
applicable jurisdictional standards
during the a.m. peak hour, and both
study intersections operate
acceptably in the p.m. peak hour. The
project would be consistent with
level of service standards set
forth under the Hercules General
Plan and CCTA Congestion
Management Program.
The Governor’s Office of Planning
and Research (OPR) Technical
Advisory (December 2018) provides
guidance to analysts and local
jurisdictions for implementing VMT
as a metric for determining the
transportation impact for land use
projects.
The proposed project would meet the
exemption requirements for a
low VMT area.
Yes
September 6, 2022 Planning Commission – 215 Skelly 9
Planning Directors.
POLICY 1.C: COMPREHENSIVE
PEDESTRIAN AND BICYCLE SYSTEM: The
City will continue to actively support and
promote the establishment of a comprehensive
system of interconnected pedestrian and bicycle
trails throughout the City that link residential
areas to destinations such as transit, schools,
parks and recreation areas, civic buildings,
retail centers, as well as to job-generating uses
such as office and light industrial development.
Connections to regional trails and bicycle
facilities shown in the Countywide Bicycle Plan
will be included as a priority.
A multiuse trail is present along
Pinole Creek to the west of the
project site.
The project includes a six-foot public
trail along the main street connecting
pedestrian and bicycle access to
Pinole Creek and the San Francisco
Bay Trail.
Yes
Implementation Action 1.C.2: New
Development to Incorporate Bicycle/Pedestrian
Facilities. New development shall include
sidewalks, paths, and other pedestrian/bicycle
facilities to provide safe and convenient
pedestrian/bicycle access within that
development, as well as pedestrian/bicycle
connections to the surrounding community.
Such improvements shall also include
pedestrian/bicycle access to any nearby transit
facilities, as well as on- and off-site connections
to the local and regional bicycle and pedestrian
networks.
The project includes a six-foot public
trail along the main street connecting
pedestrian access to Pinole Creek and
the San Francisco Bay Trail.
Yes
POLICY 1.E: ACCOMMODATE
EMERGENCY SERVICE PROVIDERS:
Emergency Fire District vehicles have specific
design requirements in terms of street width,
the bearing capacity of the street, curve radii at
corners, and access requirements. Projects and
related circulation improvements shall be
designed to provide appropriate access for all
emergency response vehicles.
The project provides an emergency
vehicle access connecting to Rosti.
Project street designs were
coordinated with the Rodeo-Hercules
Fire Protection District.
Yes
POLICY 3.A: Roads will be designed and located to
the extent feasible to help strengthen and define
neighborhoods.
Implementing Action 3.A.2 Multimodal Connections:
Pedestrian and bicycle travel between adjacent
neighborhoods will be facilitated with sidewalks and
multi-use paths wherever possible.
The project includes a six-foot public
trail along the main street connecting
pedestrian access to Pinole Creek and
the San Francisco Bay Trail.
Yes
Implementing Action 3.A.3. Traffic Calming.
The City will consider traffic calming
The project provides multiple traffic
calming measures:
Yes
September 6, 2022 Planning Commission – 215 Skelly 10 measures, such as adding landscaped medians,
parkway strips, intersection bulb outs, or
striping and similar devices, as a tool to utilize
in both existing and new neighborhoods, with
the primary goal of reducing traffic speeds on
local residential streets within funding
constraints.
• On-site “bump-outs” along
the southern street.
• “Bump-out” at the project
entry on Skelly.
• Off-site “bump-out” on
Skelly between Pierce and
Hercules Road.
Housing
Policy 1.1 Facilitate homeownership
opportunities for low and moderate income
households.
The project will provide two deed
restricted Below Market Rate
residences for low and moderate
income households.
Yes
Policy 3.1 Implement land use policies that
allow for a range of residential densities and
products, including low-density single-family
uses, moderate-density town homes and higher
density apartments, condominiums and units in
mixed use developments.
The project provides small-lot single-
family homes that are more
affordable than larger-lot
developments.
Yes
Policy 6.1 Promote the use of Green Building
techniques in residential development.
The project will be all-electric. The
project will comply with required
green building techniques, including
solar, low water use landscaping, and
low water use fixtures.
Yes
2. That the streets and thoroughfares proposed are sui table 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.
TJKM, the City’s transportation consultant, prepared a traffic impact anal ysis report for the project that found the project would be consistent with level of service standards set forth under the Hercules General Plan and Contra Costa Transportation Authority (CCTA) Congestion Management Program. Therefore, the streets and thor oughfares 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.
3. That any exceptions from standard ordinance re quirements are warranted by the design and amenities incorporated in the final planned development plan.
The project includes exceptions from the following lot size, lot width, lot depth, and corner side yard requirements of the RS-L zone:
September 6, 2022 Planning Commission – 215 Skelly 11 Figure 6 – Requested Exceptions
Requirement Proposed Percentage
deviation
Lot size 6,000 sq ft 3,983 – 6,880 sq ft
33 lots are less than
6,000 sf.
Up to 33%
Lot width 60-feet 40-feet Up to 33%
Lot depth 100 feet 95-96 feet 5%
Corner lot
side yard
15 feet 10-13 feet Up to 33%
Section 13.48 of the Hercules Municipal Code allows applicants to request minor exceptions to zoning code requirements as part of a Planned Development Plan. Currently, minor exceptions are defined as deviations up to ten percent of zone requirements. Since the proposed exceptions exceed ten percent, the applicant is requesting a text amendment to eliminate the limitation on the amount of a deviation with a finding that the deviation is warranted by the design and amenities of the plan. See separate discussion on the merits of the text amendment under E.1.
If the text amendment is ultimately approved, the following design and amenity factors warrant the proposed exception:
a. The exceptions are needed in order for the project to achieve the density allowed by the General Plan , in that the site has a series of constraints that limit the ability to provide conforming lots. These constraints are primarily riparian and wetland areas, EBMUD easements, the need for a public trail, and the existing cell site and need for a buffer. The applicant has provided the following constraints map:
September 6, 2022 Planning Commission – 215 Skelly 12 Figure 7 – Constraints Map
b. The project would preserve the character of the neighborhood, respect neighbor privacy, and be consistent and compatible with lot sizes, widths, depths, and setbacks on immediately adjacent existing single-family properties.
September 6, 2022 Planning Commission – 215 Skelly 13 c. The project will result in enhanced safety for the neighborhood by transforming a site that has become an attractive nuisance into a well -maintained community that will enhance safety by adding eyes to the street and installing street safety lighting.
d. The project will provide an emergency vehicle access along the northwest corner of the property, include a public trail through the site connecting the community to a regional trail network, and create on and off-site traffic calming improvements.
e. The project will provide two deed -restricted inclusionary single -family residences (one for low-income households and another for moderate-income households).
f. The project preserves the on-site wetlands, which in turn provides a visual open space as an amenity to the project.
4. That the area surrounding the project site can be planned and zoned in coordination and substantial compatibility with the proposed development.
The area surrounding the project site is fully developed in the RS -L zone. Lot sizes in the area range from 5,000 to 8,000 and are mostly two-story in height, similar to the proposed project. The circulation system will be an extension of existing streets.
5. That existing or proposed utility services are adequate for the development densities proposed.
The project will adhere to local water, sewer, stormwater and electrical utility infrastructure requirements. Therefore, existing or proposed utility service s are adequate for the development densities proposed. More information about utility systems can be found in the IS/MND Chapter 2.18.
C. Design Permit
1. The approval of the design review plan is in compliance with all provisions of Chapter 13-42 of the Hercules Municipal Code, 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.
Compliance with the Hercules General Plan is found under Section B.1 above. The site is not located in a specific plan area.
Compliance with Zoning Code development standards can be found below:
Figure 8 – Zoning Code Compliance
Development
Standard
Requirement Proposed Project Compliance
September 6, 2022 Planning Commission – 215 Skelly 14 Density 2-7 dwelling units per
gross acre
5.4 dwelling units per gross acres Yes
Lot Size 6,000 sq ft 3,983 – 6,880 sq ft
With
exception
Lot Frontage 30 ft All 40 ft or greater Yes
Lot Depth 100 ft 95-132 ft
With
exception
Lot Width 60 ft 40 – 63 With
exception
Setbacks
Front 20 ft 20 ft Yes
Rear 15 ft 17 – 96 ft Yes
Side 5 ft 5 ft Yes
Corner Side 15 ft 10 ft With
exception
Maximum Site
Coverage
50% 17 – 33 % Yes
Building Height 35 ft 25-28 ft Yes
Parking 2 spaces per unit in
garage; one additional
space for 5 bedrooms
or more
All units have two garage parking
spaces. The 5-bedroom units have
one additional space located in the
driveway as tandem parking.
Yes
2. The approval of the design review plan is in the best interests of the public health, safety, and general welfare.
The project will provide an emergency vehicle access along the northwest corner of the property, include a public trail through the site connecting to a regional trail network, and create on- and off-site traffic calming improvements. Additionally, the project will provide two deed-restricted inclusionary single-family residences (one for low-income households and another for moderate-income households). Sidewalks and drainage improvements will also be provided. Project architecture will be compatible with adjacent residences and will be a visual improvement over existing conditions. The project will also adhere to fire and building code requirements. Therefore, the project and its enhancements would benefit the public health, safety, and general welfare.
3. General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.
General site considerations are designed to provide a desirable environment, as follows:
• Site layout . The project provides a site layout that opti mizes lot and circulation efficiency while providing a density within the allowed density of the General Plan. • Open space and topography . The project includes two open space areas. Existing wetland and riparian areas will be avoided on Parcel B ( 0.4 acres) and this area will September 6, 2022 Planning Commission – 215 Skelly 15 provide a visual open area , though not accessible for use by residents . Parcel D (0.48 acres) provides an open space buffer adjacent to the existing cell tower. • Orientation and location of buildings . Buildings would be oriented toward the street with staggered layouts that deemphasize the project garage doors. • Vehicular access and circulation. Vehicular access will incorporate the minimum roadway widths required by the City and fire district and will provide bulb-outs to calm traffic and create a visually enhanced right -of-way. The project would also provide a public trail that connects both Skelly and San Pablo Avenue to existing trails that are integrated into regional pedestrian facilities.
• Parking. The project will co mply with required parking (see chart above). Guest parking is available in the driveway aprons and along the private streets on all lots. • Setbacks and height . The project meets setback and height requirement (see chart above) if the exception for corner lot side setbacks is approved. • Fencing. A combination of open and privacy fencing will be provided. Views to the wetland area (Parcel B) will be enhanced with a three- foot open tubular steel fence adjacent to the street and a six-foot open tubular steel fence on the north and west sides (next to the emergency vehicle access). On the south side, a six-foot open tubular steel fence will be provided to enhance views of the open space /EBMUD easement. Lots will typically have six -foot wood fencing around the perimeter. Privacy fences in the rear of Lots 1-11 will avoid the drainage area.
• Public safety. Public safety will be prioritized with lighting (designed with appropriate illumination levels for the area), sidewalks , and an inviti ng pedestrian environment being intentionally ca rried throughout the project, and residences will be oriented toward the roadway. An emergency vehicle access is provided.
4. General architectural considerations, including the character, scale, and quality o f the 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 insure the compatibility of this development with its design concept and the character of adjacent buildings.
• Architectural styles . The project includes three two -story product types with three options each for architectural styles: Craftsman, Traditional, and Farmhouse. This mix provides a diversity of architectural styles resulting in nine different styles.
September 6, 2022 Planning Commission – 215 Skelly 16 Figure 9 – Proposed Building Elevations
• Color and building materials . The homes include a variety of colors and building materials. Each home will have at least two colors and two types of building materials.
Colors range from beige, gray, and muted greens and blue. Building materials include stucco and board-and-batten siding.
• Articulation. The homes will be articulated with front porches, staggered front façades (typically five feet) to deemphasize garages, varied roof lines, and garage shadow boxes. The homes will have four -sided architecture to ensure all views of the homes are articulated.
• Screening. All above-ground utility meters, mechanical equipment, and wat er meters will be screened with shrubs and/or an architectural screen from all perspectives. • Architectural relationship with adjacent properties . The site sits below the adjacent residences and is buffered from nearby residences by railroad tracks and Pinole Creek.
Existing off-site vegetation including mature, native trees will be preserved and would serve as a visual buffer from the project and views from both adjacent residences and the greater public, including from San Pablo Avenue. The proposed two- story homes would be similar to existing homes in the vicinity.
September 6, 2022 Planning Commission – 215 Skelly 17 Figure 10 – Rendering of the Project Entrance from Skelly
5. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a 5- year growth period, provision for irrigation, maintenance and protection of landscaped areas and similar elements have b een considered to insure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public.
• Tree preservation. There are 95 mature trees on or near the project site, with 64 trees on-site. Seven of the on-site trees will be p reserved, consisting of black walnut, coast redwood, and honey locust trees along the southern boundary next to the rail line. Other on-site trees to be removed are in poor health or cannot be preserved due to grading.
The applicant has provided a draft Tree Replacement Plan (Sheet L3.1) showing the planting of 98 36- inch box trees throughout the site, meeting the City’s Tree Replacement requirements.
• Streetscape. The project introduces approximately 50 street trees and an earth-toned landscape entry feature. Street trees will be Frontier Elm with a maximum height of 35 feet.
• Landscaping on individual lots. A native, drought-tolerant front yard landscape palette includes groundcover, low shrubs, and accent trees.
• Open space landscaping. The buffer/entry open space lot (Parcel D) will be landscaped with oak trees, low -growing grasses and groundcover , and flowering perennials that will accent the low entry feature/signage.
The bioretention basin (Parcel B) will include native plant materials such as Berkeley sedge, cape rush, and monkey flower. Street and accent trees along the street frontage are provided. Irrigation will be installed throughout the bioretention area to provide
September 6, 2022 Planning Commission – 215 Skelly 18 supplemental irrigation in the dry months with reduced irrigation during seasonal rainfall or wet months.
In whole, the landscaping scheme ensures visual relief to complement buildings and structures, providing an attractive environment for the enjoyment of the public, and to meet city drought tolerant and water conservation requirements.
D. Lot Line Adjustment
1. Title 10, Chapter 2 Subdivisions does not include specific findings for lot line adjustments. The Planning Commission should find that t he parcels resulting from the proposed lot line adjustment conform to the General Plan and any applicable specific plan, and that they conform to the zoning ordinance relating to minimum lot size, required lot frontage, lot width at the front yard setback, building setbacks, building lot coverage, and floor area ratio.
The lot line adjustment simply adjusts the property boundary between the subject property and the property owner to the west in order to accommodate the emergency vehicle access.
The property owner will have a more usable rear yard as a result. Please see the General Plan consistency analysis in Table 5 above. The project is not within a specific plan area.
The resulting boundaries of the existing single family residential parcel at 189 Rosti will not create any new zoning inconsistencies ; rather, the lot line adjustment will improve zoning conformity for the property at 189 Rosti by increasing its lot size, lot depth, and setbacks. Therefore, the parcels resulting from the proposed lot line adjustment will 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.
E. Other Considerations:
1. Text Amendment. A Zoning text amendment is proposed to modify Section 13.48 of the Hercules Municipal Code to allow deviations from Zoning Code standards to exceed the amount of deviations allowed by minor exceptions. Minor exceptions are defined as deviations up to ten percent of Zoning Code requirements. If approved, this text amendment would potentially apply to any project proposed under a Planned Development Plan. Staff is of the opinion that this amendment benefits future development by allowing more flexibility to deviate from standards in exchange f or quality projects and superior designs. Each project would be considered on a case-by-case basis, and there would be no precedent for deviations set by this project or any other project.
2. Below Market Rate Units. The City does not currently have a requirement that residential projects provide inclusionary units (Below Market Rate units) affordable to very- low-, low- and moderate -income households. In 2012, given economic conditions and the elimination of redevelopment agencies, the City Council suspended the City’s September 6, 2022 Planning Commission – 215 Skelly 19 inclusionary ordinance indefinitely; the City continues to work with project applicants to achieve affordable housing through negotiations/development agreements on a case -by- case basis . The applicant has offered the i nclusion of one low -income unit and one moderate income deed-restricted unit as a project amenity, constituting five percent of the requested units. Staff supports the inclusion of these units as one effort to meet the City’s affordable housing goals.
3. Cell Tower. An existing cell tower is located on Parcel E. A Conditional Use Permit was approved by the Planning Commission in December 2009 for an 87-foot faux pine tree - pole cell tower, along with 12 panel antennas and associated ground equipment. Approval of this request will result in the cell tower being located on a parcel with a different Assessor’s Parcel Number , which can be updated administratively. The cell tower is subject to the existing conditions of approval and this project does not affect that approval.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared by First Carbon Solutions under the direction of the City to comply with the California Environmental Quality Act (CEQA). The IS/MND was released for public review on July 5, 2022, with a 30-day public review period ending on August 3, 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 IS/MND to reduce all potential impacts to less than significant.
The City received seven comments on the IS/MND during the review letter , from both public agencies and individuals. The Response to Comments and Final IS/MND are attached.
PUBLIC COMMENTS
Several public comments were received in response to the IS/MND that commented on non-CEQA concerns that are not necessarily addressed in the IS/MND. These comments in full are located in the Response to Comments (RTC), and are summarized below:
Avila: The commenter states that there is currently a high level of traffic on Skelly and most cars exceed the speed limit . The commenter requests that a speed bump be installed on Skelly , that a stop sign be installed on the corner of Pearce and Skelly, and that pavement repair be provided upon completion of the project. The commenter also was concerned that construction would coincide with the upcoming San Pablo Bridge Project.
Response: Based on the traffic study, the intersection near the project (Hercules Avenue/Skelly and Hercules Avenue/San Pablo Avenue) would conti nue to operate at acceptable levels, and that a stop sign is not warranted at this time. The need for a stop sign can be evaluated at a later time. The project includes a traffic calming bump -out measure approximately 500 east of the project designed to sl ow traffic. The proposed conditions of approval include a requirement that the developer repair damages to the roadway caused by construction activities that cause September 6, 2022 Planning Commission – 215 Skelly 20 further deterioration to the roadway of Skelly from the entrance of the development to Hercules Avenue and Rosti from Pavon to end. The City is aware of the existing deficient pavement condition on Skelly, which is independent of the project, and will work to address it in future paving cycles as funding permits. The timing of the bridge project has not yet been determined.
The Skelly Residential Project is not anticipated to cause impacts to existing traffic on Skelly.
Gilbert: The commenter asks if the proposed Emergency Vehicle Access (EV A) road (Parcel C) would be blocked from pedestrians and non- emergency vehicles, and if so, how would it be enforced. The commenter also asks about the definition of wetlands and bioretention.
Response: The Emergency Vehicle Access would be used in the event of an emergency by the Fire District and for resident evacuation. It would not provide regular resident access as an EV A gate will be provided. It is not intended for pedestrian access. The RTC provides information about the wetlands.
Khuu: The commenter requests that the applicant preserve more of the existing trees on -site in that the trees provide protection from wind, pollution, and noise from the Burlington Northern Santa Fe (BNSF) rail line south of the project site.
Response: Existing black walnut, yellow willow, and honey locust trees in the EBMUD easement on the south side of the project will be preserved and continue to provide some screening. The trees to be removed throughout the site are difficult to preserve due to the amount of grading required, and many of the trees are in poor health. The applicant has provided a robust Tree Replacement Plan and 96 new 36-inch trees will be planted throughout the site in the front yards of the homes as well as in the entry area near the cell tower.
Rettig: The commenter asks how the noise restriction hours as noted in the Draft IS/MND would be enforced and that no large construction machinery should operate on Saturdays.
Response: Noise mitigation measures are enforced by the City and the contractor will provide a noise disturbance coordinator. Construction activities are allowed during daytime hours (7:00 a.m. to 7:00 p.m. Monday through Saturday) and best management noise reduction techniques and practices will be employed . It is typical for construction activities to occur on Saturday (but not Sunday) and no extraordinary justification has been identified to limit construction on Saturdays in this case.
CONCLUSIONS / RECOMMENDATIONS
The 215 Skelly project will advance the goals, objectives, policies, and programs of the Hercules General Plan by expanding residential opportunities within the City . With approval of the text amendment to broaden the allowance for deviations to the Zoning Code , and approval of the Planned Development Plan with associated deviations, the project will conform with the Zoning Code. The project will result in a quality residential environment compatible with its surrounding, and provide needed housing, including two Below Market Rate units. The inclusion of a public pathway will connect the project to existing trails and the traffic calming measures will help slow down traffic in the neighborhood.
September 6, 2022 Planning Commission – 215 Skelly 21
ATTACHMENTS
1. Draft Resolution recommending that the City Council approve the Vesting Subdivision Map, Planning Development Plan, Design Review Permit, and Lot Line Adjustment subject to Conditions of Approval (Exhibit A to Resolution) and adopt the IS/MND and Mitigation Monitoring and Reporting Program (MMRP).
2. Draft Resolution recommending that the City Council adopt an Ordinance approving Zoning Code text amendments to the Planned Development Plan Section 13.84.
3. IS/MND:
Exhibit B-1: Final IS/MND; Response to Comments included Exhibit B-2: Mitigation Monitoring and Reporting Program
4. Project Plans dated May 27, 2022:
Exhibit C-1: Vesting Tentative Map 5.27.2022 Plan Set
Exhibit C-2: Project Renderings
Exhibit C-3: Articulation – 4 side Architecture Exhibit Exhibit C-4: Color and Materials Board
5. Staff presentation
6. Applicant presentation