RESOLUTION #17-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERCULES APPROVING DESIGN REVIEW PERMIT #DRP 17-01 FOR "HERCULES BAYFRONT CREEKSIDE APARTMENT PROJECT"
LOCATED WITHIN BLOCK N OF THE BAYFRONT WATERFRONT DISTRICT MASTER PLAN AREA (APN 404-730-004) BETWEEN JOHN MUIR PARKWAY, BAYFRONT BOULEVARD, AND REFUGIO CREEK, CONSISTING OF 172 RESIDENTIAL UNITS IN THREE BUILDINGS WITH APPROXIMATELY 16,400 SQUARE FEET OF AMENITIES & APPROXIMATELY 6,673 SQUARE FEET OF COMMERCIAL SPACE, (BUILDING A BEING A MIXED-
USE BUILDING AND BUILDINGS B & C BEING TOWNHOME STYLE MULTI-FAMILY HOUSING UNITS) RANGING FROM 3 - 4 STORIES IN HEIGHT WITH A LANDSCAPED COURTYARD WITH ON-SITE PARKING OF APPROXIMATELY 205 SPACES WITHIN A BELOW-GRADE PARKING GARAGE AND 20 AT GRADE SPACES WITHIN THE GARAGES OF THE TOWNHOME STYLE UNIT BUILDINGS.
WHEREAS, in 2000 the City adopted the "Waterfront District Master Plan" (WDMP). In 2008 the "Waterfront Now Initiative" was presented to the City Council, and the Council adopted the language of the ballot initiative with an additional "Section 4" being added to the original WDMP (often called the Bayfront Waterfront Plan, or the Initiative Plan or in this approval the HWDMP) without Alteration via Initiative Ordinance 440 on July 22, 2008; and WHEREAS, the Hercules Bayfront Draft and Final EIR documents were certified by the City Council through Resolution No. 11-140 on December 13, 2011 for the LARGER Bayfront Project which defined Maximum Development Program by three Sub-Areas; referred to as The Bowl (containing Blocks A, B, and C), Bayfront Boulevard (containing Blocks D-J), and The Village (containing Blocks K-R) which together allow for a total of 1,392 residential units, 115,000 square feet of non-flex office space, 90,000 square feet of non-flex retail space, and 134,000 square feet of flex space; and
WHEREAS, further amendments to the Initiative, General Plan Amendment, Updates to Exhibits, and refinements to the HWDMP document were adopted through Council Ordinance 464 on January 10, 2012 to conform the HWDMP to the EIR documents; and WHEREAS, On March 13, 2012 the City Council approved a Vesting Tentative Map, a Vesting Development Agreement, and an Implementing Development Agreement (which was recorded June 15, 2012) covering the entire Bayfront-Waterfront Area rights and obligations between the owner and the City as development of the area progresses; and WHEREAS, the last minor amendment to the HWDMP was initiated by the City and approved by the owner by a Council Action taken on May 10, 2016 though Ordinance 494 to include the already developed Railroad Avenue Live-Work block for the sole purpose of using the T5-MST land use table to simplify the implementation of use permits (but not part of the Initiative); and
WHEREAS, Exhibit K of the Implementing Development Agreement (contained in the April 17, 2017 staff report) outlines a Streamlined Design Review and Building Permit Process available to the project to be processed within certain time frames so long as the specific site proposal is consistent with the LARGER Bayfront Project Approvals, does not require a General Plan / Zoning Ordinance/ or HWDMP amendment, is in conformity with the existing environmental documents, and a Design Review process is carried out in line with Chapter 42 of the City Zoning Ordinance; and
Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Bicok N of Bayfront-Waterfront - Creekside Apartments WHEREAS, Exhibit 1 to this resolution contains an excerpt from the Implementing Development Agreement called Exhibit L Conditions of Approval that is a complete list of Conditions of Approval that are applicable to the LARGER Bayfront Project Approvals that the developer is responsible for, with each condition applicable to this current specific project identified with an asterisk; and
WHEREAS, Exhibit 2 in this resolution contains an excerpt from the Implementing Development Agreement Exhibit G showing City Public Improvements required to be carried out by the City as part of the LARGER Bayfront Project, with each public improvement completed by the City identified with a check mark; and
WHEREAS, the Planning Commission has received and considered applications from Ledcor ("Applicant") for the Project known as Creekside Apartment Project bounded by John Muir Parkway, Bayfront Boulevard and Refugio Creek comprised of approximately 2.2 acres of vacant land, to construct 172 residential units and approximately 6,700 square feet of retail space with various amenities, open space, and parking incorporated on-site; and WHEREAS, the proposed project is located within the Transit Village (aka the Village) Planning Subarea of the LARGER Bayfront Hercules Waterfront District Master Plan (HWDMP) which consists of 8 future city blocks (Blocks K, L, M, N, O, P, Q & R) that are pre-entitled to develop up to 751 residential (non-flex) units, 5,000 square feet of non-flex office space, 13,000 square feet of non-flex retail space, and 84,000 square feet of flex space in order to create a high density transit oriented development; and
WHEREAS, the proposed project is located within "Block "N" of the Bayfront Project Village Subarea of the HWDMP and is designated with the T5MST and T5-VN building form regulating zone districts; and
WHEREAS, the Planning Commission held an initial pre-submittal review of the proposed "Creekside Apartment Project" at a Study Session held on February 27, 2017, where the story of the architectural direction was provided and general questions and comments were discussed by the Commission, public, and the applicant's team; and WHEREAS, on April 17, 2017 a properly noticed public hearing was held at the Regular Planning Commission for the proposed Project discussing how the project compared with the various provisions of the HWDMP form based code and where some design components may need to be adjusted and the hearing was continued; and
WHEREAS, on May 1, 2017 the continued public hearing was held at the Regular Planning Commission to review how the revised drawings conform to the various City codes, the existing certified 2011 Hercules Bayfront Environmental Impact Report and the five required findings of the Design Review process; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the City staff reviewed the Hercules Bayfront Project Draft and Final certified EIR's, which are applicable to the proposed project development in the context of "the Village" Subarea, and Staff's analysis and findings that the project is within the original scope of the EIR is contained in Attachment A of the May 1, 2017 Planning Commission staff report. The City finds that the Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 2 proposed project will not result in any new, significant impacts that were not examined in the 2011 Certified EIR, and that none of the circumstances that would require preparation of an addendum or a subsequent or supplemental EIR under CEQA exists; and WHEREAS, the Planning Commission Staff Reports of April 17 and May 1, 2017, incorporated herein by reference, also described and analyzed the application for Design Review Permit #DRP 17-01
Permired Desien ev,iend sadin analy is ani ed ings relarein hor the prjet mit s tan tig Commission staff report with several minor adjustments; and WHEREAS, the Planning Commission has received oral and written comments from the general public, property owners, and interested parties, and has thoroughly considered all above referenced reports, recommendations, and testimony and used its independent judgment before making a decision or taking any action on the Project.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY OF HERCULES PLANNING COMMISSION FINDS:
• The foregoing recitals are true and correct and made a part of this resolution by this reference.
After due study, deliberation, and public hearing, the Planning Commission makes specific findings and determinations below which are supported by facts stated in the Planning Commission staff reports of April 17, 2017 and May 1, 2017, which are incorporated herein by reference.
The proposal would not be detrimental to the health, safety, welfare, and public interest of the City so long as the applicant adheres to the below Special Conditions of Approval and those contained herein as Exhibit 1 from previous LARGER Project Approvals and the attached approved drawings
The proposal is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance so long as the applicant adheres to the below Special Conditions of Approval and those contained herein as Exhibit 1 from previous LARGER Project Approvals and the attached approved drawings. • The Planning Commission finds, all elements, requirements, and below conditions for the Hercules Bayfront Creekside Apartments are a reasonable and appropriate manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work or visit or live in this development based on the Facts supporting the Five Design Review related Findings contained in the April 17 and May 1, 2017 Planning Commission Staff Reports.
• Applicant agrees with the necessity of, and accepts all elements, requirements, and below conditions for the Hercules Bayfront Creekside Apartments as reasonable and appropriate to preserve, protect, provide for, and foster the health, safety, and welfare of the citizenry in general and the persons who work or visit or live in this development in particular, based on the Facts supporting the Five Design Review related Findings contained in the April 17 and May 1, 2017 Planning Commission Staff Reports.
Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 3
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION MAKES THE
FOLLOWING FINDINGS REGARDING THE PROPOSED DESIGN REVIEW PERMIT #DRP 17-01 IN ACCORDANCE WITH CHAPTER 42 OF THE ZONING ORDINANCE
SO LONG AS THE CONDITIONS OR DETAILS IN THE APPROVED DRAWINGS CONTAINED WITHIN THIS RESOLUTION ARE CARRIED OUT:
• The approval of the design review plan is in compliance with all provisions of Chapter 42, Design Review section of the City of Hercules Zoning Ordinance, as well as other pertinent provisions of the Zoning Ordinance and applicable zoning and land use regulations, including, but not limited to, the Hercules General Plan as amended and any specific plan (such as the Hercules Waterfront District Master Plan - HWDMP). • The approval of the design review plan is in the best interest of the public health, safety, and general welfare.
• General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, heights, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.
General architectural considerations, including the character, scale and quality of 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 ensure the compatibility of this development with its design concept and the character of adjacent buildings.
General preliminary landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a five (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.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION APPROVES DESIGN REVIEW PERMIT #DRP 17-01 FOR THE PROJECT SITE KNOWN AS
HERCULES BAYFRONT CREEKSIDE APARTMENTS SUBJECT TO SPECIAL
CONDITIONS OF APPROVAL CONTAINED BELOW PLUS THOSE CONDITIONS
RESTATED FROM THE IMPLEMENTING DEVELOPMENT AGREEMENT
EXHIBIT L, ATTACHED HEREIN LABELED EXHIBIT 1, IN CONFORMITY WITH THE DRAWINGS CONTAINED IN EXHIBIT 2, AS DISCUSSED BY STAFF AND APPROVED BY THE PLANNING COMMISSION.
LEGEND:
DEPARTMENT with primary responsibility for implementing the listed conditions of approval:
(B) = Building; (CA) = City Attorney; (F) = Fire District; (PD) = Police Dept.; (PL) = Planning; (PW) = Public Works, (MMRP) = Mitigation Monitoring Report Program from 2011 certified EIR
1. The project being built will substantially be in compliance with the attached "Hercules Bayfront Creekside Apartments Development Review Resubmittal for 5/1/2017 Planning Commission" with any Redlining approved by the Planning Commission, unless otherwise amended by action of the Planning Commission or City Council. Minor modifications to the project may be requested by the Applicant/Owner and approved administratively by the City, in the reasonable discretion of the Planning Director. The decision must be based on the standards that applied to the original project approval, and a minor change can only be Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Bicok N of Bayfront-Waterfront - Creekside Apartments 4 approved or conditionally approved if the Planning Director determines that the minor change is consistent with the spirit and intent of the original project approval and does not substantially change the effects of the approval on surrounding property. Under no circumstance shall a minor modification be deemed to include a change in land use, an increase in the square footage of any building that would result in a net increase in the overall project square footage, but could include minor modifications to interior building floor plans, consistent with the spirit and intent of the original project approvals. (PL)(B)
2. Approval Period. The approvals referred herein are each valid for two years so long as site grading has commenced by that time. However, if site grading has not commenced by that time, these approvals shall be null and void. The approval period may be extended for one (1) additional year by submitting a written request and paying the applicable fee for extension prior to the expiration date to the Planning Department so long as it can be determined that the applicant has diligently pursued development of the proposed project. (PL)
3. City Attorney: The development or use by the Applicant/Grantee of any activity or structure authorized by this permit shall constitute acceptance of all of the conditions and obligations imposed by the City on this permit. The Applicant/Grantee by said acceptance waives any challenges as to the validity of these conditions. (CA) Applicant/Grantee agrees to indemnify and defend the City, its agents, officers and employees, at Applicant/Grantee's own expense, against and from any claim, action or proceeding brought by any third party arising from or relating to the City's processing of Applicant/Grantee's development applications and the City's issuance of any of the approvals described in these conditions, including but not limited to any claim, action or proceeding brought to attack, set aside, void or annul any of the City approvals described in these conditions, and any claim, action or proceeding brought against the City arising from or relating to Applicant/Grantee's development and operation of the project that is the subject of such City approvals. City shall promptly notify Applicant/Grantee of any such claim, action or proceeding of which City receives notice, and City will fully cooperate with Applicant/Grantee in the defense thereof. Applicant/Grantee's obligations under this condition shall include the obligation to reimburse the City for any court costs, reasonable attorney's fees and damage awards 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 and may elect to be represented by counsel of the City's choosing at Applicant/Grantees' expense, and such participation shall not relieve the Applicant/Grantee of any of the obligations of this condition. (CA)
4. The Maximum development within the remaining "Transit Village" Subarea, consisting of Blocks K, L, M, O, P, Q & R, is estimated to not exceed 579 non-flex residential units, 5,000 square feet of non-flex office space, 6,327 square feet of non-flex retail space, and 84,000 square feet of flex space in conformity with the LARGER Bayfront Approvals.
5. Prior to ordering or constructing permanent signage, the property owner shall submit and get Planning approvals for a Master Sign Program.
6. Streetscape - At least one existing street light and 5 street trees with tree wells will need to be relocated and 2 new curb cuts for driveways installed, and 1 existing drive approach converted to a curb and sidewalk to accommodate the project's vehicular entry points and installation of the arcade feature on the City right of way shall be reflected on all appropriate Civil and Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 5 Building Permit submittal pages, with the applicant responsible for the costs in coordination with the City Engineer/Public Works and Building Divisions.
7. Architecture - At the "Waterfront Warehouse" buildings, need to express a "continuous base" per form-based code by making horizontal spandrels a different color or material at first floor, or ensuring the horizontal metal awnings are substantial enough to read as a horizontal line. subject to City staff review and approval
8. Public Access - The Neighborhood Park and the Pocket Plaza spaces in the project shall remain available for public via pedestrian tunnels during daylight hours, by having the gates leading to the courtyard from Bayfront Boulevard and John Muir Parkway remaining fixed wide open during these times.
9. Bicycle parking - The total amount, type and specific location of above ground and below ground bike parking, including secure Bicycle Parking areas in the underground garage that are located conveniently to at least two of the three elevators, shall be subject to review and approval by the Planning Director.
10. Creekside issues - Walkers on the public creek trail next to the Project shall experience a pleasing landscaped edge with a variety of wall heights, planting materials and not overly obtrusive fencing (such as the 6' fencing on the easterly side of the trail between Building A and Building C) and or retaining/seating walls, and such finished materials should incorporate anti-graffiti and anti-skate boarding features subject to Planning Director review and approval in coordination with the BCDC design review approvals.
11. Materials - Actual building material samples of the required "smooth, hand troweled stucco wall finish" and "red clay barrel tiles" and the seating wall along the creek trail shall be reviewed and approved by the Planning prior to building permit issuance in a size that can be added to the material board.
12. Window and Door Issues - The detail for window recessing and combining or "ganging" windows together and trim work shall be shown in the construction drawings and subject to Planning Director review and approval to ensure adequate window recesses and details are incorporated (with white vinyl windows not being acceptable). Main doors on Spanish Revival building shall be substantial looking and differentiated from storefronts.
13. The main entry doors on the Spanish Revival buildings (one entry each on John Muir Parkway and Bayfront Blvd.) shall be differentiated from other doors along the street by making these doors and their transoms, if provided, wood or some other material to be visually different from other storefront entries in the project, and to provide "Elaborate stucco, cast stone, or stone detailing at primary entrances" as described in the WDMP form-based code standards for Spanish Revival buildings.
14. Gate Issues at Street - locations for pedestrian and vehicle gates; gate timing for open hours.
The location of the vehicle gate off of Bayfront Blvd shall be set back from face of building to allow two cars to stack in front of swinging gate, while the roll up security gate at the vehicle access into the parking structure off of John Muir Parkway shall be set back two parking spaces. The design of the gate shall be aesthetically pleasing with final design and timing for open hours of the gates controlling vehicular and pedestrian access to the site shall be subject Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 6 to Planning Director approval,. According to the applicant, the gates fronting onto Bayfront Blvd and John Muir Parkway leading to parking structure will be open during the daylight hours.
15. Parking Garage Issues - The parking garage include approximately 20 tandem parking space which are permitted by right in the HWDMP page 1-35 to satisfy the minimum parking requirements, however they may not be able to be utilized unless there is a parking management system in place. The parking spaces containing EV plugs shall not be located in high traffic areas of the parking garage, such as in front of the foot of the ramp. Locations of EV spaces shall be subject to Planning Director review and approval.
16. Safety for pedestrians where cars cross sidewalk. Plans shall include measures to warn pedestrians that vehicles are exiting trom the two vehicular access points. Such measures could include flashing lights, special paving treatments, or alternate methods subject to City Engineer/Public Work Department review and approval. In addition, the commercial storefronts that border the points of vehicular entry and exit shall be designed to enhance sight distance for both drivers and pedestrians to the extent feasible as generally shown on page A- 130.
17. Parking management for visitor parking; As generally outlined in in Exhibit H - Public Financing Plan - Public Parking Program provisions of the Implementing Development Agreement: "To maximize the ability for the City to develop public parking in the initial phases of the public infrastructure and ITC, and to coordinate with Owner's private parking, Owner agrees that a Public Parking District may be established to serve public and private parking of the Hercules Bayfront Project.....All parking for the Owner's project shall be accommodated by a Public Parking District designed to accommodate both public and private parking needs, except for spaces reserved for residential use per code, excluding guest parking and some minimum portion of office parking...".
Since the formal District has yet to be formed, initially the parking structure shall allocate 125 residential stalls and 25 visitor stalls within the parking garage, but no parking space shall be assigned to a specific residential or commercial tenant. The exact location of visitor spaces shall be convenient to the elevator and stairs leading into the building, and the type of signage and marking utilized to designate the spaces as visitor, shall be subject to Planning Director review and approval. The number of parking spaces designed for visitor parking may need to be increased or decreased in the future once it is determined by the City how to management parking to adequately serve this Overall Waterfront district. "Visitors" for the purposes of this interim condition shall be defined as guests visiting residents of the project, as well as employees or customers of the retail and commercial uses located within this project.
The project shall include a system whereby during the hours the gate to the parking structure is closed, a guest visiting a tenant of the project will be able to contact that tenant, and the tenant will be able to remotely actuate the gate leading to the underground parking structure in order to allow the guest to enter; or an equivalent system as approved by the Planning Director in accordance with the Parking Principals of the HWDMP so that refinements can be made over time.
The initial Parking Management Plan shall be submitted prior to approval of building permits and shall be approved by the City and implemented prior to occupancy. Participation in Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Bicok N of Bayfront-Waterfront - Creekside Apartments 7 Parking Management Plan and/or Formation of the Waterfront Parking District is required by the Owner through the Implementing Development Agreement.
Imposition of this conditions is specific to the circumstances surrounding the approval of Block N, and does not amount to a determination that a similar condition will or can be imposed for any future phase of development of the Waterfront Master Plan. This condition shall be uperseded and of no further effect once the City establishes a parking management ordinance ind forms the Waterfront Parking District utilizing the parking principles defined in the HWDMP Form-based code.
18. Corridors - Decorative treatments including murals, windows into retail or amenity spaces, and/or architectural features shall be incorporated into the walls along the length of the two pedestrian corridors, subject to Planning Director review and approval.
19. Plumbing vents will exit the roof in zones relating to the plumbing stacks and plumbing walls, that clearances to all mechanical equipment and openings will be maintained, and that all plumbing vents will be screened by the building parapets to the extent possible and subject to review and approval of Planning Director.
20. Applicant shall pay a fair-share contribution for the regional stormwater treatment facilities as part of the recently formed Community Facility District installed during The Path To Transit project, City Project Number 63001D which serves multiple private parcels including the Hercules Waterfront District Transit Village area among some public rights of way in conformance with the Implementing Development Agreement and Vesting Tentative Map.
21. Should the developer cut into the newly constructed City streets, the Developer shall slurry seal and stripe (with thermoplastic) the adjacent streets in coordination with the City Engineer and Public Works when the project is completed. Striping of Bayfront Boulevard shall be in conformity with the HWDMP and John Muir Parkway shall be as shown in Option 2 of the report from Fehr & Peers, with a parking lane and bicycle lane provided on each side of the street, shall be provided as it provides a multimodal benefit over the other two options by closing a bikeway gap between Bayfront Areas K through R connecting to the facilities on John Muir Parkway east of the site and is in conformity with the HWDMP.
22. Security plans shall be prepared for the project that depicts among other things, the location, type, and orientation of security cameras proposed to be located on the property, subject to City review and approval,. Special attention needs to be provided along the edge of the site bordering the Refugio Creek Trail, and within the parking structure, including stair wells and elevators. The security plan shall be reviewed and approved by City staff working with the Police Department.
23. An accessible pedestrian route shall be provided between each primary building entrance and the public sidewalk, and between each primary building entrance and the disabled parking stalls designated to serve that building. The accessible route and all ramps shall comply with all current applicable ADA access requirements and City Standards. (PW) Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 8
24. Refuse collection plan shall be formulated, working with the refuse collection provider, Republic Services, to provide for efficient and effective trash/refuse collection system. The refuse collection plan shall be subject to Planning Director review and approval.
25. The Applicant/Developer shall maintain the site free of graffiti. Graffiti applied to any surface of the subject property shall be removed within forty-eight (48) hours of the Applicant/Developer being notified by the City. The City may remove the graffiti if the Applicant/Developer fails to remove the graffiti within forty-eight (48); the Applicant/Developer shall reimburse the City for the graffiti-removal work. (PL)
26. Developer shall either continue participation in the existing Lighting and Landscaping Assessment District No. 83-2 or form another financing district acceptable to the City to finance the operation, maintenance, servicing and capital replacement costs associated with the landscaping and lighting in public right of way in accordance with the terms of the Implementing Development Agreement for the Hercules Bayfront Project./
27. A Homeowners Association (if and when formed), Lighting and Landscaping Assessment District, Community Facility District, other financing mechanisms, or a combination of both as provided for herein, shall be established and shall be responsible for the operation, maintenance, servicing and capital replacement of all areas not operated and/or maintained by individual property owners. This includes all parking (but does not include those in public streets), landscaping, open space, streetlights, alleys, pedestrian paseos, and non-public areas held in common by the association, City or financing district required for property maintenance. The association or financing district shall be responsible for enforcement of CC&Rs related to property maintenance thereon.
28. Move-in plan shall be formulated to provide for efficient move-ins for residents that will not unduly block traffic on Bayfront Blvd. or John Muir Parkway and subject to City staff review and approval.
29. Over the parking garage, enough space and depth should be provided in landscape planters to allow the growth and maintenance of healthy plants and trees.
30. Fire District: Applicant/Developer shall conform to the development applicable requirements of the Hercules-Rodeo Fire District as provided in the letter dated April 21, 2017 which is summarized as follows:
a. Height of vehicle entry opening into the interior courtyard shall be l6"? Confirm that this is required for Fire equipment access (verify)(F)
b. FDC's for the large mixed use building sprinkler shall be incorporated into the side of the building rather than free standing along Bayfront Blvd and John Muir Parkway. Other intorior stand pipes can be utilized at less visible locations. These FDC's to be inter- connected however the townhome/villas can remain separate. (verify)(F)(PL) c. The transition into and out of the aerial staging areas, the sharp corners need to be softened to the apparatus can get into the box. (verify) (F)
d. Building A FDC's may need adjustment to be within 100' of existing hydrants OR they could be piped remote to the sidewalk/curb area which also avoids the hazard of glass falling on firefighters when hooking to it, however coordination with Planning needed to reduce the visual impact along the street rights-of-way. (F)(PL) Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Bicok N of Bayfront-Waterfront - Creekside Apartments 9 e. Future feedback from Fire Operations on their request for a standpipe outlet near the front of townhouses (facing creek) and whether the NPFA 13 upgrade is an acceptable off-set to their request. (verify)(F)
f. A Fire Flow Analysis including proposed building areas, type of construction, and calculated available fire flow at the proposed fire hydrants shall be provided to the Fire Department for review and approval concurrent with submittal of Grading plans.
Minimum adjusted (50% sprinkler credit) Fire Flow for this commercial project is estimated at 3,500-3750 gallons per minute with 20 residual psi in the water main.
Applicant shall contact East Bay Municipal Utilities District to have a flow test performed for the nearest existing hydrant to be used for the hydraulic design prior to submitting the Fire Flow Analysis.(F)
g. Hydrant spacing for this commercial project shall comply with current Fire District standards of CA Fire Code Chapter 9 and Appendix C and three (3) copies of the final site plan shall be submitted for approval of hydrant locations. Location of bollards and Fire Department Connections (FDCs) for the required automatic fire sprinkler system and standpipe system are a deferred item but shall be on the street side of the development. (F) h. All structures shall be protected with automatic fire sprinkler systems in accordance with CA Fire Code Chapter 9 as adopted by the Fire District. CFC 903.(F) i. Project is required to provide a Class 1 standpipe system throughout. System shall be in- service prior to any construction occurring at or beyond 40'. CFC 905 & 3313. (F) j. Private Underground Fire Mains (aka on-site mains behind the detector check) require a separate Fire Department permit. Public or private fire mains may not run under buildings.
CFC 507. (F)
k. Enhanced Fire Protection shall be provided at the Westernmost stair enclosure to be enlarged to provide a 60"wide stairway and 48" door assemblies shall be installed in the access route and the Garage mechanical exhaust system shall be equipped with fan switches at the Fire Alarm Control Panel and all stair enclosure openings to the Garage to offset single ramp.(F)
1. An exit analysis shall be submitted with the Building permit set. Areas of Refuge or Areas of Assisted Rescue shall be identified and provided with a two-way communication system per CFC 1009. (F)
m. As mitigation for delays in response time, traffic signal pre-emption (Opticom or compatible) shall be provided on traffic signals lacking same. Locations within the response route to be identified by the District. (F)
n. Review of the Environmental Site Assessment, re-use of the site and implementation of the construction program shall be approved by Certified Unified Program Agency (CUPA), Contra Costa Hazardous Materials Programs, 4585 Pacheco Blvd. Suite 100, Martinez, CA 94553, [email protected] (925-335-3200).(F)
o. Site address signage per current Fire Department Standards shall be established and maintained during and after any combustible construction or intensification of site use. A complex directory shall be provided at the main entrances as determine by Fire and Planning. CFC 505. (F) (PL)
p. Elevators shall accommodate a medical stretcher. The fire resistive smoke assembly used for the elevator must be operable from the elevator cab (by first responders). CBC 607.(F) q. Required Fire Department access roads shall be signed "No Parking-Fire Lane" per current Fire Department standards and the CA Vehicle Code. CFC 503. (F) I. Traffic calming measures or controls (speed bumps, humps, undulations, gates, etc.) are not approved as a part of this review and require specific approval from the Fire Department. CFC 503.4.(F)
Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 10 s. Structures and lockable gates limiting vehicle access to commercial facilities shall be equipped with a Fire Department approved locking device or Fire Department approved key system ("Knox" lock or "Knox" keyed lock). Access controls on fire department response routes shall be equipped with pre-emption and Knox-key override (gates, barriers, retracting bollards, etc.) CFC 506 and may also require key access codes for Police Department as well (F)(PD)
t. A bi-directional public safety emergency responder radio system, designed and installed per current Fire Department standards, is required in all new structures. System can be building specific or a campus-wide system can be provided. CFC 510.(F) u. Rooftop Solar Photovoltaic Systems shall comply with the CA Fire Code and CA State Fire Marshal Guideline. CFC 605. (F)
v. Required Fire Department permits that are eligible for deferred submittal: Construction; Underground Fire Main, Automatic Fire Sprinkler System, Fire Standpipe System, Fire Alarm System, Sprinkler Alarm Supervisor Service (water-flow monitoring), Fixed Extinguishing System (if cooking facilities), High Pile Combustible Storage (if >8' in retail or 12' in storage), Fire pump, Generator Fuel Storage (if proposed). Operation; Apartment Building, Bi-Directional Repeater System. CFC 105.(F)
w. The developer shall remit the Fire District Development Impact Fee with the Building Permit submittal. (F)
x. The developer shall submit a "Fire Safety During Construction" plan to the Fire District at the time of Building Permit submittal. CFC 3308. (F)
y. Emergency Evacuation Guide and signage (entrances, stairwells, elevator lobbies) and Stairwell identification signage shall be provided and submitted to the RHFD for review to ensure all required information is provided in the plan and on the floor plans. CFC 403 & 1023.(F)
z. Storage or use of any hazardous materials at the site (such as diesel fuel for the on-site generator or acid for batteries) will require a Hazardous Materials Business Plan be submitted to the CUPA. CFC 5001. (F)
aa. Access roads and water supplies for fire protection shall be installed and made serviceable prior to storage or construction of any combustible materials. CFC 3312. (F)Emergency generator backup should be provided to smoke ventilation system and potential water pumps below grade and at operating the entry gates and doors into the project .(PL) (F) 31 Applicant shall pay their fair share costs of traffic mitigation fees as identified in the 2014 Traffic Assessment Report as part of the 2011 Bayfront Plan EIR in addition to Parks and Recreation Facilities, General Public Facilities, Police Facilities, Fire Facilities, Sewer Facilities, Community Development Tax, West County Sub-regional Transportation Mitigations Fee (STMP) and Public Benefit Fees in accordance with the Implementing Development Agreement and all other applicable building permit fees imposed by the City in the Master User Fee list and other public and regulatory agencies, and all applicable processing charges, prior to the issuance of building permits.
32 This Resolution sets forth (i) the above listed Special Conditions of Approval imposed in connection with the design review of this specific development approved by this Resolution and (ii) identifies the conditions of approval, mitigation measures, and other non-monetary exactions that the City Council determined, in connection with the adoption of the Implementing Development Agreement, are applicable to the private development within this specific portion of the Waterfront District Master Plan that is subject to the Waterfront Now Initiative (by including Exhibit 1 - Previously approved conditions that are part of the Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 11 Implementing Development Agreement Exhibit L). Other conditions and/or mitigation measures may be applicable to other independent developments (including City projects) within the boundaries of the Waterfront District Master Plan. The EIR and the adopted mitigation monitoring and reporting program should be consulted in connection with the evaluation of those separate projects."
33 The project shall be subject to the applicable Conditions of Approval attached herein as Exhibit 1 (which were contained in the Implementing Development Agreement Exhibit L tor the Hercules Bayfront Project) which includes general conditions as well as mitigations measures to be carried out by the Owner with the most applicable items for this proposed project being asterisked
BE IT FURTHER RESOLVED that if there is any conflict between the attached Approved Development Review Resubmittal Plan pages and or the conditions of approval, the Planning Director shall reasonably resolve the issues based on the general intent discussed in the staff reports, environmental documents and City policy.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Hercules held on the first day of May, 2017 by the following vote:
AYES: Tolley, Rubio, Galieva, Bailey, Morrison
NOES: None
ABSTAIN: None
ABSENT: None
2i Messison
en Morrison, Chairperson of Planning Commission
ATTEST:
- Milly
Holly Smyth, Secretary to the Planning Commission
Exhibits
1. Implementing Development Agreement - Exhibit L Conditions of Approval Development Review Resubmittal Plans dated 5/1/2017 with potential Redlining (includes General, Survey, Civil, Landscape and Architectural Plan set) Draft PC Reso #17-02 for 5-1-2017 PC mtg for #DRP 17-01 for Blcok N of Bayfront-Waterfront - Creekside Apartments 12