STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 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: Zoning Text Amendment to Section 13.48 of the Municipal Code RECOMMENDED ACTION:
Conduct the second 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 subject Zoning Text amendment was submitted as a component of the 215 Skelly residential project, which was approved by the City Council on September 27, 2022.
The subject ordinance consists of:
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.
PROCESS
The final hearing authority for this project is the City Council after a recommendation from the Planning Commission.
BACKGROUND
The Planning Commission held a public hearing on September 6, 2022, and recommended approval of the ordinance on a 4-0 vote.
The City Council approved the first reading of the ordinance on September 27, 2022.
REQUIRED FINDINGS
Staff believes all findings for the ordinance can be made as outlined 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 Zoning Text Amendment would provide greater flexibility for Planned Development projects in exchange for increased quality design and amenities.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
An Initial Study/Mitigated Negative Declaration (IS/MND) for the 215 Skelly residential project, which includes the Zoning Text Amendment, 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 were attached to the September 27, 2022 City Council staff report.
ATTACHMENT
Ordinance approving Zoning Code text amendments to the Planned Development Plan Section 13.84.
October 11, 2022 City Council – Zoning Text Amendment 7