CITY OF HERCULES
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor Bailey and Members of the City Council
SUBMITTED BY: Timothy Rood AICP, Community Development Director Larissa Alchin, M-Group Consultant Planner
MEETING DATE: October 25, 2022
SUBJECT: Conditional Use Permit (CUP 22-01) for Recycling Center; Design Review Permit (DRP 22-02); Parking Exception APPLICANT: Joel Lopez
LOCATION 1511 & 1551 Sycamore Avenue
RECOMMENDATION
That the City Council:
Request planning staff present the staff report;
Open the public hearing;
Invite the applicant to make a presentation or statement; Receive comments from the public;
Offer the applicant or their consultant team the opportunity to answer questions; Close the public hearing;
Request clarification from staff or the applicant on any issues related to the project; Adopt Resolution affirming, modifying with determinations and conclusions, or reversing the Planning Commission decision At its October 12, 2022 meeting, the City Council called up the subject project for review following its approval by the Planning Commission on October 3, 2022 (Attachment 1). The Council cited concerns about franchise agreement compliance and noticing procedures.
PROJECT DESCRIPTION
Applicant Joel Lopez of J.L. Recycling Co., which is a CalRecycle Certified Recycling Center, is proposing to operate out 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, behind Big Lots in the Creekside Shopping Center. The site is zoned Community Commercial (CC), which allows Recycling Center uses with a conditional use permit. Pursuant to Hercules Municipal Code Sec. 13-35.310 and California Beverage Container Recycling and Litter Reduction Act (Public Resource Code Section 14500-14599), recycling centers may be permitted as a conditional use on private property located in a commercial district.
The City’s franchise hauler, Republic Services, confirmed that the proposed operation complies with the City’s franchise agreement (Attachment 6). The metal structure is not affixed to the ground and shall be removed if the recycling center discontinues operations. (Attachment 2).
The recycling center will occupy approximately five parking spaces at the rear parking lot area of Creekside Shopping Center (Figure 1), and no changes are proposed to circulation. Parking is addressed through the center-wide shared parking agreement. The Citywide parking utilization study prepared in 2007 (see Attachment 5) indicated that the center provides substantially more parking than is actually needed; recent observations of the shopping center confirm that the 2007 study’s findings still hold true. With the approval of the proposed parking exception, the project will comply with the City’s parking requirements. The parking exception is discussed later in this staff report.
The applicant proposes to operate the center with one employee, Monday through Saturday from 9:30 a.m. to 5:30 p.m. The recycling center will collect certain types of beverage containers made from aluminum, glass, and plastic, such as containers for sodas, water, beer, and juice. All containers must be labeled with California Refund Value (CRV). No scrap metal, cardboard, or anything not labeled with CRV will be accepted. The recycling facility, in conjunction with the property owner CS Creekside Hercules, LLC, will keep the area clean of any spills, trash, and shopping carts. All recyclables and garbage will be collected by the employee daily Monday through Saturday and brought to a central sorting facility in Sacramento for processing.
Figure 1- Vicinity Map
Figure 2- Site Map
Figure 3- Parking Lot View
PROCESS
The Hercules Municipal Code, Chapter 13-44, “Hearings, Appeals and Judicial Review” allows the City Council, by majority vote, to call up any Planning Commission or Community Development Director decision for review. The Council shall hear and determine a decision that is called up for review in the same manner as an appeal hearing. The appeal shall suspend the effective date of the contested action until the appeal is decided by the City Council. The Planning Commission’s decision may be reversed, affirmed in whole or in part, or modified with determinations and conditions as the facts warrant. The Council may refer the matter back to the Planning Commission for further consideration, in which case the referral shall be investigated as advisable and conclusions reported back to the Council. Any action shall be consistent with the General Plan and with the required standards, regulations and findings of the Zoning Ordinance. Decisions made by the Council on appeal shall be final and conclusive.
The Hercules Municipal Code, Chapter 13-50, “Use Permits,” defines the purpose of all types of “Use” permits. Under the Ordinance, “conditional use permits will usually include conditions of approval, mandatory review periods, and expiration periods as required at the discretion of the Planning Commission. In granting conditional approval, the Planning Commission may impose requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and overall development as deemed reasonable and necessary for the protection of adjacent properties and the public interest.” Section 13-35.320 of the Zoning Ordinance states “[t]he operation of mobile recycling units and reverse vending machines may be permitted as a conditional use on private property located in a Commercial District if the facilities are certified as a recycling location pursuant to the California Beverage Container Recycling and Litter Reduction Act (“Act”), Public Resources Code Section 14500.” Thus, this project requires a conditional use permit.
Section 13-35.310(4) of the Municipal Code states that applications for recycling centers are also subject to design review. As designed, the project will result in a reduction in parking below the amount required by the Municipal Code, so the project will also require a Parking Exception under Section 13-32.500.
Because the request to operate a recycling center is subject to these discretionary approvals, Section 13-40.700 of the Municipal Code states that the City shall notify all property owners within 300 feet of the property of the use permit hearing. Additionally, per Municipal Code Section 13-44.200, “Hearings, Appeals, and Judicial Review,” applications shall be reviewed and processed consistent with the provisions of the California Government Code Section 65090 et seq. Therefore, on October 13, 2022, the City mailed public hearing notices to property owners within 300 feet of the project site; the City also published a public hearing notice in the October 15, 2022 edition of the West County Times.
In response to Council concerns regarding notification, City staff also hand-delivered notices to each of the individual businesses in the Creekside Center on October 12, 2022.
PARKING EXCEPTION
Per Hercules Municipal Code Table 13-32.1: Off-Street Parking and Loading Requirements, a shopping center with 100,000 to 500,000 square feet of building area is required to provide 4.5 spaces per 1,000 square feet of Gross Leasable Area (GLA). The initial Home Depot site was approved by the Planning Commission through Resolution #02-11 on May 20, 2002, with the City Council upholding the Commission’s decision and conditions in whole through their Resolution No. 02-083 on July 9, 2002. Per site plans, the total parking for the entire shopping center was 858 parking spaces for 190,567 square feet of building area in the entire center, which complies with code.
The original approval for Home Depot was for a 94,984 square-foot commercial warehouse and 24,301-square-foot attached garden center on a 12.67-acre site in the Creekside Shopping Center, with 524 parking spaces. The Home Depot store plus garden center contain approximately 119,285 sq. ft. Based on the above standard, the Home Depot facility requires 537 parking spaces but provides 524 spaces, or a deficit of 13 spaces. After construction of the Home Depot project and demolition of other structures on the site, the entire center has about 190,567 sq. ft. of building area. Based on the code parking standard, at the time of approval of Home Depot, 858 parking spaces were required by ordinance, and 873 spaces were provided, a surplus of 15 spaces over the code requirement.
Since the 2002 approval of the Home Depot property, there have been three additional modifications to the site. The first was the 2006 approval of a cellular telecommunications facility (including necessary ground-based equipment) on the northerly portion of the site. The second was in 2015 for the Bloom Box system in the parking lot south of the building. These two changes to the original project approval resulted in the loss of five parking spaces. The third modification was the America’s Tire project, which was approved by the Planning Commission and City Council in January 2021 but is not yet built. America’s Tire necessitated a modification of the approved parking plan for the center and included a Parking Exception per Hercules Municipal Code to reduce the required number of spaces for Home Depot, and thus for the center as a whole.
The 2007 Carl Walker parking assessment (Attachment 5) indicated that the Creekside Center had a surplus of parking with an observed utilization rate of 38.2% of the Effective Parking Supply. As indicated below, the parking assessment indicated that in 2007, the center had 464 “extra” parking spaces that were not being regularly utilized.
Spaces required by HMC 858
Total Parking Supply 834
Effective Parking Supply (90% of Total) 751
Utilized Parking Spaces (observed) 287
“Extra” Parking Spaces 464
Existing development and currently approved projects that have converted parking to other uses have resulted in a total supply of 709 spaces for the entire Creekside Center, which the proposed recycling center would reduce to 704 spaces. Based upon a conservatively increased utilization factor of 50% of the Effective Supply, the America’s Tire approval documents found that Creekside Center had 314 “extra” parking spaces, which the recycling center would reduce to 309 “extra” parking spaces that are currently underutilized. Again, the Hercules Municipal Code required 858 spaces for the Creekside Center, which currently has a supply of 709 spaces. This project would reduce that total by 5 spaces to 704 and would thus require a Parking Exception.
Parking Exceptions are regulated by Section 13-32.500 of the Hercules Municipal Code. This section states that the City may reduce or completely waive the number of parking spaces required based on quantitative information provided by the project applicant that documents the need for fewer parking spaces. Prior to recommending approval of a parking exception for the proposed recycling center, the City Council must find that the granting of the 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. The 2007 parking analysis demonstrated that the Creekside Center has considerable “extra” parking spaces. Based upon staff’s analysis, the approval of the recycling center project would not eliminate these “extra” parking spaces. There would continue to be ample available parking and allowing the 5-space exception would not be detrimental to health, safety, or welfare or injurious to the project or improvements in the vicinity. As a result, staff recommends that the Commission approve the Parking Exception for the recycling center.
ENVIRONMENTAL REVIEW
The project involves only an approximately 320-square foot 8-foot-tall metal structure, providing recycling services within an existing parking lot. The project is therefore 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.”
PROJECT ANALYSIS/ REQUIRED FINDINGS
Section 13-50.300 of the Municipal Code allows the Planning Commission, or the Council on appeal, to grant an application for a use permit only if certain findings (listed below) are made with supporting facts:
Finding #1: The proposed use is consistent with the General Plan.
Facts: The proposed recycling center use within an existing parking lot is consistent with the General Plan. The project will help implement the Economic Development Element of the General Plan by providing a new revenue source to residents who recycle materials at the center. The project furthers the following General Plan objectives and policies and improves the local economics with additional indirect sales tax revenue-generating activity:
“Develop non-residential Land Use Categories which reduce the need for residents to leave the community by providing a variety of shopping and service opportunities.” Land Use Element Policy 2B, page II-12
“Encourage uses that bring additional revenues (retail sales, property taxes) either directly or indirectly to the City.” Land Use Element Policy 4B, page II-15
Finding #2: The proposed 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.
Facts: The City of Hercules Land Use and Zoning Map designates the entire Creekside Center as “Community Commercial” (CC). This land use designation is “to accommodate commercial development including retail, office, and service uses that serve residents and employees within the City.” As part of the Creekside Center, the proposed Conditional Use Permit would help meet other specific purposes of Commercial Districts (Municipal Code Section 13-8.100), which include:
Reserve appropriately located areas for a full range of retail commercial, service commercial and professional and administrative offices consistent with the General Plan.
The proposed use will contribute to the full range of commercial services in the shopping center.
Provide an opportunity for retail stores and offices to concentrate for the convenience of the public in a mutually beneficial relationship to each other and to provide commodities and services that will meet the needs of the community and neighborhood areas they serve.
The proposed use will contribute to services provided within Creekside Shopping Center and help meet the needs of the community and neighborhood.
Give favorable consideration to new retail development that would generate substantial new sales, for businesses that would provide substantial employment, high growth technical businesses (particularly bio-tech, flex office and incubator uses), health care services, restaurants and innovative mixed-use development proposals. Encourage uses that bring additional revenues (retail sales, property tax) either directly or indirectly to the City.
The proposed use will occupy existing underutilized parking area within the shopping center and bring additional revenue to the city by returning money to local customers that can in turn be re-spent locally.
Create a strong and successful focus or center for business and activities that would provide services, shopping opportunities which would attract employees, clients, and patrons from a regional area, while not disturbing existing residential and community-oriented areas. Where appropriate, allow limited commercial uses in residential areas to promote access to services.
The proposed use will provide a service that is currently not being provided in Hercules.
Encourage local and regional commercial uses that can benefit from substantial regional traffic on I-80, SR-4, and San Pablo Avenue.
The proposed use will primarily serve the community and neighborhoods of Hercules.
To achieve the above purposes, Sec. 13-35.310 of the Zoning Ordinance states “[t]he operation of mobile recycling units and reverse vending machines may be permitted as a conditional use on private property located in a Commercial District if the facilities are certified as a recycling location pursuant to the California Beverage Container Recycling and Litter Reduction Act (“Act”), Public Resources Code Section 14500.” J.L. Recycling is certified as a Recycling Center by CalRecycle (Attachment 2). These uses are subject to a use permit with conditions that are not inconsistent with Public Resources Code Sections 14570 and 14571 and “[t]he City may deny a conditional use permit upon specific findings made that the operation will have a detrimental effect on public health, safety or general welfare. Where application is made for installation of a reverse vending machine as an accessory use to an existing business an administrative use permit shall be required.” Finding #3: 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.
Facts: The buildings at the Creekside Center were designed and built to the design requirements of the district and the building codes in force at the time of their construction. The proposed 340-square-feet metal structure meets the requirements for an accessory structure within the CC zoned area. The conditional use permit does not propose any physical changes to the exterior of the existing buildings and will be contained within a mobile structure and shall be removed when the recycling center discontinues operation.
The zoning and uses surrounding Creekside Center include:
Zone Land Use
North New Town Center Vacant land
South Community Commercial Lucky Shopping Center
East Public City City Hall
West State (Caltrans) Interstate 80 Freeway
Finding #4: There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses.
Facts: The commercial buildings at 1511 & 1551 Sycamore Avenue already have access, utilities, and services needed by the business to operate. The project site is fully served with underground utilities, including existing water, sanitary sewer, gas, and electrical services, and no additional services are required to be provided. Vehicular and pedestrian access to the site is from Sycamore Avenue, which is a fully improved, signalized street with curbs, gutters, sidewalks, and landscaped medians. Two driveways along Sycamore Avenue provide ingress and egress for the commercial center.
Furthermore, following review of the proposed use by Chief of Police William Imboden, the applicant provided a description of the operations and plan to mitigate the accumulation of garbage and shopping carts. (Attachment 4) Finding #5: There are no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored.
Facts: The proposed business has been determined to be 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.” The appropriate language has been added to the draft resolution to incorporate this CEQA determination.
Design Review Findings
Section 13-35.310(4) of the Municipal Code states that applications for recycling centers are subject to design review. Prior to approving a design review plan, the Planning Commission shall make the following findings, supported with facts:
Finding #1: The approval of the design review plan is in compliance with all provisions of this Chapter, 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.
Facts: The proposed project will not interfere with the General Plan intended goal of Community Commercial land use to accommodate commercial development, including retail, office and service uses that would serve residents and employees within the City. The Community Commercial (CC) zoning district requires a 0 ft. minimum rear setback. The location of the proposed recycling structure will be set back approximately 44 ft from the rear property line. The project is consistent with all other development regulations within the CC zone district, including setbacks and height.
Finding #2: The approval of the design review plan is in the best interests of the public health, safety, and general welfare.
Facts: The installation of an approximately 320-square foot, 8-foot-tall metal structure to provide recycling services to the City is an efficient, low-impact use of the existing underutilized parking area within the Creekside Center. The proposed recycling facility is consistent with the California Beverage Container Recycling and Litter Reduction Act purpose to “create and maintain a marketplace where it is profitable to establish sufficient recycling centers and locations to provide consumers with convenient recycling opportunities”.
Finding #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.
Facts: The site provides a desirable location for a recycling facility. In general, people coming to the facility consist of employees and local customers. As previously noted, the buildings at the Creekside Center were designed and built to the design requirements of the district and the building codes in force at the time of their construction. The proposed 340-square-feet metal structure meets the requirements for an accessory structure within the CC zoned area. The project does not propose any physical changes to the exterior of the existing buildings and will be contained within a mobile structure and shall be removed when the recycling facility discontinues operation.
Finding #4: General architectural considerations, including the character, scale, and quality of 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.
Facts: The proposed 340-square-feet metal structure will be painted to match existing buildings within the Creekside Center. Existing exterior lighting within the parking lot and along the rear of existing buildings provides sufficient lighting for operation of the facility between 9:30 a.m. and 5:30 p.m.
Finding #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 been considered to insure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public.
Facts: No new landscaping is proposed, and no existing landscaping will be affected by locating a recycling center structure within the existing parking lot.
Parking Exception Findings
Parking Exceptions are regulated by Section 13-32.500 of the Hercules Municipal Code. Prior to recommending approval of a parking exception for the proposed recycling center, the Planning Commission shall make the following findings supported with facts:
Finding #1 – Avoidance of Parking Problems: That the granting of the 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.
Facts: The 2007 assessment of parking citywide prepared by Carl Walker, Inc. (Attachment 5) indicated that the Creekside Center had abundant available parking. The Creekside Center was labelled “Zone 8” in the parking assessment. Based upon the survey and analysis conducted at the time and using a conservatively assumed Effective Parking Supply of 90% of the provided parking spaces (834 – 83 = 751), at peak periods, there were over 464 unoccupied “extra” parking spaces at Creekside Center, for a utilization factor of approximately 34.4% at peak occupancy. Using a more conservative 50% utilization factor, the reduction in the amount of parking from the subject permit as well as the previously approved permits on the site would still retain over three hundred “extra” parking spaces from the Home Depot side of the Center and would avoid any parking problem.
CONCLUSIONS / RECOMMENDATIONS
The City Council should consider if allowing a recycling center is in keeping with the existing Creekside Center, the Community Commercial zoning, Municipal Code Sec. 13-35.310 Recycling Centers, and surrounding uses. Based on the above report, staff has prepared a draft resolution (Attachment 1) with conditions of approval for the City Council’s consideration.
ATTACHMENTS
Draft City Council Resolution including Conditions of Approval CalRecycle - Certification of Recycling Center
Project Site Plan
Applicant Letter
2007 Parking Study (Carl Walker, Inc)
Confirmation from Republic Services of Franchise Agreement Compliance Signed Planning Commission Resolution 22-10