STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 27, 2022
TO: Members of the City Council
VIA: Dante G. Hall, City Manager
SUMBITTED BY: Timothy Rood, AICP, Community Development Director Tricia Stevens, AICP, MIG Consultant Planner
SUBJECT: 215 Skelly Residential Project
RECOMMENDED ACTION:
Adopt a Resolution approving 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).
Conduct the first reading of an Ordinance approving a Zoning Text Amendment to change text in Section 13.48 (Planned Development Plans) of the Municipal Code to alter the allowed deviations permitted with a Planned Development, by eliminating the limitations on the amount of a deviation.
FISCAL IMPACT OF RECOMMENDATION:
There are no direct fiscal impacts associated with this item.
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.
Figure 1 – Project Vicinity Map
Figure 2 – General Plan and Land Use Map
Project SiteProject Site
Project Site
Project Site
The requested entitlements consist of:
Initial Study/Mitigated Negative Declaration, pursuant to the California Environmental Quality Act.
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.
Vesting Tentative Subdivision Map for 40 residential lots, and seven parcels for various open space and infrastructure purposes (#22-01) Planned Development Plan to deviate from selected zoning district standards to accommodate housing units within the property’s allowed General Plan density Design Review Permit (#22-01)
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).
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 to 45 feet in width. All project private streets, common areas, and other common on‐site project features will be maintained by the project HOA. In addition, the 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.
Pursuant to a request from the Contra Costa County Flood Control and Water Conservation District (FC District) received on September 6, 2022, two conditions of approval have been added, one requiring the applicant to obtain an Encroachment Permit (FCP) from the FC District for any work within or impacting the FC District’s right-of-way; and one requiring the applicant to apply to the City of Pinole, which holds a license agreement with the FC District, for permission to connect to the City of Pinole’s trail on the FC District’s property.
Proposed homes. The project provides three product types. Each product will have three options for front elevations: Farmhouse, Craftsman, and Traditional. The homes will be all-electric.
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
10 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 stormwater detention area and on the south side adjacent to the EBMUD easement. The easement area will be maintained by the Homeowners Association. 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 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.
BACKGROUND
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 formal community engagement events thus far were:
A neighborhood outreach walk to all adjacent residences (10/15/2022) A project overview and listening session with the Hercules by the Bay HOA (11/16/2022) 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.
The Planning Commission held a public hearing on September 6, 2022, and recommended approval of the requests on a 4-0 vote. A summary of the Planning Commission discussion is provided below.
The Planning Commission staff report is attached for reference. This staff report focuses on items discussed at the Planning Commission.
PLANNING COMMISSION DISCUSSION
The Planning Commission recommended approval of the project and Zoning Text Amendment on September 6, 2022. Following is a summary of discussion items and responses.
Public Comments:
Comment: Questions about the lot line adjustment and whether the land for the emergency vehicle access would be deeded to the developer.
Response: Land will be deeded to the property owner at 189 Rosti that results in a larger more useable yard. Land for the emergency vehicle access will be an easement granted to the developer from the property owner.
Comment: Traffic concerns, including concern about concurrent construction of the San Pablo Bridge and this project. City to consider speed bumps or more stop signs.
Response: Based on the traffic study, the intersections near the project (Hercules Avenue/Skelly and Hercules Avenue/San Pablo Avenue) would continue to operate at acceptable levels, and that a stop sign is not warranted at this time. The project includes a traffic calming bump-out measure approximately 500 east of the project designed to slow traffic, as well as traffic calming measures within the project, and the City has not identified a need for speed bumps. The timing of the bridge project has not yet been determined so it is difficult to assess any impacts from concurrent construction, which staff believes is unlikely as the bridge project is not yet funded.
Comment: Concern about silt going into the creek.
Response: The project is required to install stormwater control facilities to ensure the stormwater runoff would not exceed pre-project conditions and that water quality standards and waste discharge requirements are met. Conditions, #13, #45, and #59 provide those assurances.
Comment: Bob Antaki of the Hercules By the Bay Homeowners Association supports the project, as this project will reduce fire danger in the area.
Planning Commission Comments
Comment: How will safety during construction and temporary fencing be addressed? Response: The applicant indicated that temporary security fencing will be provided, and security personnel during construction will be available.
Comment: How will the EVA fencing be designed to ensure safety? Response: The EVA will be fenced and secured to only allow emergency vehicle access and resident evacuation. No other access will be permitted. A condition of approval has been added for Community Development Director and Rodeo-Hercules Fire District review of final design.
Comment: What is the design of the entrance sign?
Response: The applicant provided a rendering of the proposed entrance sign. A condition of approval has been added for final design to be reviewed and approved by the Community Development Director.
Comment: What happens to the pedestrian access to the San Pablo trail? Response: The San Pablo Trail extends from San Pablo Avenue in City-owned property, and pedestrians can access Skelly along a partially paved driveway that also serves as maintenance access to the cell tower. There is a strip of property owned by the Hercules By The Bay Homeowners Association in between the project site and the home to the east that contains a drainage ditch and a portion of the paved driveway. The applicant has no authority to improve this access. The applicant will provide sidewalk and paving in front of the access to connect the existing sidewalk to the project. The project would not impede access to the San Pablo Trail.
Looking south from the project entry. Yellow line shows the approximate location of the project site and the Skelly right-of-way.
Aerial photo showing HOA property and San Pablo Trail
San Pablo Trail on City propertySan Pablo Trail on City propertyHBTBHOA landHBTBHOA land San Pablo Trail on City property
San Pablo Trail on City property
HBTBHOA land
HBTBHOA land
Comment: Could there be more screening on the south side of the project to help buffer from the railroad tracks? Consider more plantings as part of the Tree Replacement Plan.
Response: There are existing large trees located in the EBMUD easement on the south end of Lots 16-29 and in the railroad right-of-way that will not be removed. Due to the easement constraint, adding more trees on the south end of these properties is not practical and staff believes that the existing vegetation provides sufficient buffer.
REQUIRED FINDINGS
Staff believes all findings for the requested entitlements can be made as outlined in the Planning Commission staff report and in the attached Resolution. In summary:
The project was evaluated based on the requirements of CEQA, and an IS/MND was prepared with a conclusion that the project will not 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 proposed use and densities are consistent with the General Plan in that 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. The project will advance the goals, objectives, policies, and programs of the General Plan by expanding residential opportunities within the City.
The Zoning Text Amendment would provide greater flexibility for Planned Development projects in exchange for increased quality design and amenities.
The project is in compliance with the Zoning Ordinance once the Zoning Text Amendment is approved by and made effective by the City Council. Requested exceptions regarding lot size, lot width, lot depth, and corner side yards requirements are warranted by the design and amenities incorporated in the approved plans.
The applicant has offered the inclusion of one low-income unit and one moderate-income deed-restricted unit as a project amenity, constituting five percent of the requested units.
The inclusion of a public pathway will connect the project to the Bay Trail along Pinole Cree and the traffic calming measures will help slow down traffic in the neighborhood.
The streets 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.
Site layout, landscaping, and architecture have been designed to provide a desirable environment for the development and to be compatible with the surrounding area.
The existing and proposed utility services are adequate and will comply with the City’s improvement standards.
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.
ATTACHMENTS
Resolution approving the Vesting Subdivision Map, Planning Development Plan, Design Review Permit, and Lot Line Adjustment subject to Conditions of Approval (Exhibit A to Resolution) and adopting the IS/MND and Mitigation Monitoring and Reporting Program (MMRP).
Ordinance approving Zoning Code text amendments to the Planned Development Plan Section 13.84.
Planning Commission Staff Report
Staff presentation
Applicant presentation
IS/MND:
Exhibit B-1: IS/MND with Final IS/MND including Response to Comments Exhibit B-2: Mitigation Monitoring and Reporting Program 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
September 27, 2022 City Council – 215 Skelly 7