RESOLUTION #23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING DESIGN REVIEW PERMIT #23-02 TO MODIFY DESIGN REVIEW PERMIT #17-01 TO RELOCATE THE EXISTING ON-STREET GARBAGE PICK-UP FOR THE EXCHANGE ON JOHN MUIR PARKWAY, AT 2525 BAYFRONT BOULEVARD, IN HERCULES, CALIFORNIA.
WHEREAS, on May 1, 2017, the Planning Commission adopted Resolution #17-02 approving Design Review Permit #17-01 for “Hercules Bayfront Creekside Apartment Project” which includes both residential and commercial uses and is located on Block N of the Bayfront Waterfront District Master Plan Area, with various conditions of approval; and WHEREAS, the Hercules Bayfront Creekside Apartment Project plans show two garbage pickup locations, one within the designated on-street loading zone on Bayfront Blvd near retail Suites L and K and one within the designated on-street loading zone on John Muir Pkwy near retail Suites E and F; and WHEREAS, the presence of full garbage bins outside of the commercial space has been a hindrance to business and the applicant has requested that the bins be moved to a new location; and WHEREAS, Section 13-42.800 of the Hercules Municipal Code requires this type of modification to approved Design Review Permit #17-01 to be approved by the Planning Commission because it is not a “minor modification” as defined therein; and WHEREAS, the Planning Commission of the City of Hercules has considered the requirements for Design Review Permit No. 23-02 filed by applicant Caitlynne Challburg, of The Exchange, in accordance with the Hercules Zoning Ordinance; and WHEREAS, the proposed relocation of the garbage pickup locations at 2525 Bayfront Blvd. is Categorically Exempt according to the California Environmental Quality Act (CEQA), Section 15301, “Existing Facilities” which is a Class 1 Exemption consisting of “the operation, repair, maintenance, permitting, leasing, licensing or minor alterations of existing public or private structures”; and WHEREAS, as required by Section 13-40.700 of the Zoning Ordinance, the City on May 4, 2023, mailed notices to all property owners within 300 feet of the site notifying them of the proposed project hearing before the Planning Commission; and WHEREAS, on May 15, 2023 the Planning Commission reviewed the project applications and considered the staff report, supporting documents, public testimony, and all appropriate information submitted regarding the project (the “Record”) and approved Resolution 23-01 denying the Design Review Permit, with findings; and WHEREAS, on May 23, 2023, the City Council by majority vote called up the item for reconsideration; and WHEREAS, as required by Section 13-40.700 of the Zoning Ordinance, the City on June 1, 2023, mailed notices to all property owners within 300 feet of the site notifying them of the proposed project hearing before the City Council; and WHEREAS, on June 13, 2023 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”).
NOW, THEREFORE BE IT RESOLVED that based on the entire Record, the City Council of the City of Hercules finds as follows:
The approval of the design review plan is in compliance with all provisions of Chapter 42, Design Review, of the Zoning Ordinance, 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.
The proposed modification would not affect the project’s conformance to applicable zoning and land use regulations, including but not limited to the Hercules General Plan as amended and any specific plan, as found by the Planning Commission for the original Design Review Permit #17-02.
The approval of the design review plan is in the best interests of the public health, safety, and general welfare.
The proposed modification would not affect the project’s furtherance of the public health, safety and general welfare, as found by the Planning Commission for the original Design Review Permit #17-02, because the loss of one on-street parking space would be offset by creating a more attractive sidewalk environment for a currently occupied retail suite; and 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.
The proposed modification to the project’s site layout, vehicular access, circulation and parking would continue to provide a desirable environment for the development, as found for the original Design Review Permit #17-02, because the loss of one on-street parking space would be offset by creating a more attractive sidewalk environment for a currently occupied retail suite, and because the modification will not be implemented until the project has complied with the condition of approval requiring a refuse collection plan to be formulated, working with Republic Services, to provide for efficient and effective trash/refuse collection, subject to Planning Director review and approval; and 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.
The proposed modification would not change the project’s architecture, design concept, or compatibility with the character of adjacent buildings, as found by the Planning Commission for the original Design Review Permit #17-02.
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 ensure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public.
The proposed modification would not change the project’s landscaping, as found by the Planning Commission for the original Design Review Permit #17-02.
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 15301 and hereby approves Design Review Permit #23-02, allowing the relocation of the garbage pickup on John Muir Parkway, at 2525 Bayfront Boulevard, subject to the following Conditions of Approval:
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.
Applicant acknowledges that it is required by Condition of Approval #24 for Design Review Permit 17-02 to formulate a refuse collection plan, working with the refuse collection provider, Republic Services, to provide for efficient and effective trash/refuse collection system, which shall be subject to Community Development Director review and approval, and Applicant further acknowledges that the City’s implementation of this permit through curb restriping will not take place until this condition has been met.
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.
PASSED AND ADOPTED by the City Council of the City of Hercules on this 13th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Alex Walker-Griffin, Mayor
Eibleis Melendez, City Clerk