RESOLUTION #22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING CONDITIONAL USE PERMIT #22-01 WITH DESIGN REVIEW PERMIT #22-02 AND PARKING EXCEPTION ALLOWING A RECYCLING FACILITY, AT 1511 AND 1551 SYCAMORE AVENUE, LOCATED WITHIN THE CREEKSIDE CENTER IN HERCULES, CALIFORNIA.
WHEREAS, the City Council of the City of Hercules has considered the submittal requirements for Conditional Use Permit No. 22-01 filed by applicant Joel Lopez, of J.L. Recycling, in accordance with the Hercules Zoning Ordinance; and WHEREAS, the proposed operation of an approximately 320-square foot 8-foot-tall metal structure, providing recycling services within the existing rear parking lot at 1511 & 1551 Sycamore Avenue is Categorically Exempt according to the California Environmental Quality Act (CEQA), Section 15303, “New Construction or Conversion of Small Structures” which is a Class 1 Exemption “consist[ing] of construction and location of limited numbers of new, small facilities or structures”; and WHEREAS, the City Council reviewed the project applications and considered the staff report, supporting documents, public testimony, and all appropriate information submitted regarding the project (the “Record”); and WHEREAS, based on the entire Record, the City Council hereby finds as follows:
That the proposed use is consistent with the General Plan; That the proposed design and location of the use conforms with the purposes of the Zoning Ordinance and the purposes of the district in which the site is located, and will comply with the applicable provisions of the Zoning Ordinance; That the proposed project will not be detrimental to the health, safety, welfare, and public interest of the City.
That the location, size, design, and operating characteristics of the proposed use will be compatible in design, scale, coverage, and density with existing and anticipated adjacent uses; There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses; There is no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored; That the approval of a parking exception will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the project; and WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution 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 work at or visit this development.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hercules hereby determines that the project is Categorically Exempt from CEQA per Section 15303 and hereby approves Conditional Use Permit #22-01 with Design Review Permit #22-02 and Parking Exception allowing operation of an approximately 320-square foot 8-foot-tall metal structure, providing recycling services within the existing rear parking lot at 1511 & 1551 Sycamore Avenue, subject to the following Conditions of Approval:
Conditional Use Permit 22-01 is approved for operation Monday thru Saturday from 9:30 a.m. to 5:30 p.m.
No exterior storage shall be permitted.
If the approved tenant for Conditional Use Permit #22-01, J.L Recycling, ceases operation, or if the use is abandoned, or discontinued for a period of 6 months, then Conditional Use Permit #22-01 shall be considered abandoned and shall no longer be valid. Conditional Use Permit #22-01 is transferable to another tenant at the same site upon application to the City and approval by the Community Development Director.
If the approved tenant for Conditional Use Permit #22-01, J.L Recycling, ceases operation, the recycling facility structure shall be removed, and site shall be returned to its previous condition.
Applicant shall ensure all waste and debris generated are properly disposed and the area is clean upon commencement and conclusion of operations each day.
Abandoned shopping carts shall be returned to their rightful location on a daily basis, Monday through Saturday.
The project is subject to revocation by the Planning Commission or City Council as applicable, as outlined in Sections 13-50.700 and 13-44.800 of the Municipal Code, if it has been determined that the applicant or successor(s) failed to abide by any conditions set forth in these Conditions of Approval or applicable laws of the City of Hercules.
Applicant agrees as a condition of approval to indemnify the City, its agents, officers, and employees and to defend at developer’s own expense against and from any claim, action, or proceeding brought within the time period provided for in Section 66499.37 of the Government Code to attack, set aside, void, or annul the approval of this resolution. City shall promptly notify developer of such claim, action, or proceeding of which City receives notice, and City will fully cooperate with developer in the defense therefor. Developer/applicant shall reimburse the City for any court costs and attorney’s fees which the City may be required to pay as a result of any such action. City may, in its sole discretion, participate in the defense of any such claim, action, or proceeding, but such participation shall not relieve the developer of the obligations of this condition.
PASSED AND ADOPTED by the City Council of the City of Hercules on this 25th day of October 2022, by the following vote:
AYES:
NOES: none
ABSENT: none
ABSTAIN: none
______________________________
Dion Bailey, Mayor
Lauren Berges
City Clerk
City Council Resolution 22-__ Page 2 of 3
Conditional Use Permit #22-01 – Recycling Facility @ 1511 & 1551 Sycamore Avenue