STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 13, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: Design Review Permit (DRP #23-02) to relocate the existing on-street garbage pick-up location for The Exchange on John Muir Pkwy.
APPLICANT: Caitlynne Challburg
LOCATION: 2525 Bayfront Blvd, Hercules, CA (The Exchange) RECOMMENDED ACTION:
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; Take one of the following actions:
Approve the Resolution approving the Design Review Permit (Attachment 1), making any desired modifications to the findings for approval; or Continue the item and provide direction to staff to prepare findings for denial; or 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 Commission or Council.
EXECUTIVE SUMMARY
Applicant Caitlynne Challburg, representing The Exchange, is requesting a Design Review Permit to relocate the designated garbage pick-up location on John Muir Pkwy. The current location for garbage pickup is within a no-parking on-street loading zone area in front of Suite F, currently occupied by Dream Bowlz, and Suite E, a vacant retail space. The pick-up location is proposed to be relocated approximately 70 feet southeast of the current location on the other side of the driveway entrance, to what is currently one on-street parallel parking space in front of Suite D (Figure 1), a currently vacant retail space. The applicant obtained approval for the new location from Republic Services (Attachment 2).
The City’s Public Works Director/City Engineer has determined that the yellow loading zone needs to remain in its current location adjacent to the red curb and fire hydrants, to allow larger vehicles such as moving trucks to unload from the rear without blocking the driveway. Thus, the existing on-street parking space in the proposed new pick-up location would need to be removed and the curb painted red.
This Design Review Permit application (DRP #23-02) was denied by the Planning Commission on May 15, 2023 and called up for City Council review on May 23, 2023. The Council requested additional information from the franchise waste hauler, Republic Services, and building management, Catalyst, regarding trash pickup days and times and bin placement practices.
Separate from the location of the pick-up, which is the subject of this application, staff is working with building management and Republic Services to coordinate bin placement and collection to minimize the excess time bins are at the curb.
PROCESS
The design of The Exchange, including the current location for garbage pickup, was approved by the Planning Commission through DRP #17-01, and the proposed modification would result in a reduction of one on-street parking space. Hercules Municipal Code Sec. 13-46.300 Minor Modification states:
The Community Development Director may approve a minor modification to an existing approval or permit for only the specific site development considerations listed below:
On-site parking and loading configuration and layout without reduction of spaces. The circulation and landscaping for parking and loading areas as long as the modification does not affect the overall design theme of the site.
The proposed modification is, therefore, not minor in that it proposes the removal of one parking space and a change to circulation, thereby requiring the submittal of a new DRP with review by the Planning Commission, or the City Council upon call-up or appeal.
This Design Review Permit application (DRP #23-02) was denied by the Planning Commission on May 15, 2023 and called up for City Council review on May 23, 2023. The Council requested additional information from the franchise waste hauler, Republic Services, and building management, Catalyst, regarding trash pickup days and times and bin placement practices.
PROJECT DESCRIPTION
Applicant Caitlynne Challburg, representing The Exchange, proposes to relocate the designated garbage pick-up location on John Muir Pkwy. The current location for garbage pickup is within a no-parking on-street loading zone area in front of Suite F, currently occupied by Dream Bowlz, and Suite E, a vacant retail space. The pick-up location is proposed to be relocated approximately 70 feet southeast of the current location on the other side of the driveway entrance, to what is currently one on-street parallel parking space in front of Suite D (Figure 1), a currently vacant retail space. The applicant obtained approval for the new location from Republic Services (Attachment 2).
The City’s Public Works Director/City Engineer has determined that the yellow loading zone needs to remain in its current location adjacent to the red curb and fire hydrants, to allow larger vehicles such as moving trucks to unload from the rear without blocking the driveway. Thus, the existing on-street parking space in the proposed new pick-up location would need to be removed and the curb painted red.
Figure 1: Existing and Proposed Pickup Location
PROJECT BACKGROUND
On May 1, 2017, the Planning Commission adopted Resolution #17-02 approving Design Review Permit #17-01 for “Hercules Bayfront Creekside Apartment Project” located on Block N of the Bayfront Waterfront District Master Plan Area with various conditions of approval (Attachment 3). The approved 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.
Pick-Up Relocation
In 2022, Dream Bowlz, a retail food establishment, leased Suite F, and its grand opening was held in January 2023. Since opening for business, the owner noted the presence of full garbage bins outside the food establishment as being a hindrance to business (Figure 2). In response, The Exchange property owners are requesting the bins be moved to a nearby parking space adjacent to currently vacant retail spaces, Suite C and D (Figure 3).
When Suite C and D are leased in the future, placement of garbage bins directly in front of these retail spaces may prompt a new request to change location again. However, building management and City staff have not identified any other feasible locations for collection along the John Muir Parkway site of the building. The Exchange was designed and approved with two separate trash rooms, each with its own collection area, and building management has indicated that hauling dumpsters from the eastern trash room to the western trash collection area along Bayfront Boulevard, in front of the building’s fitness center, is not feasible due to the distances involved, the lack of an internal connection route, and the limited curb space at the other pick-up location. The City’s Public Works Director/City Engineer determined that temporary relocation of the pick-up area to the far side of John Muir Parkway was not feasible due to the speeds, traffic volumes and WestCAT transit service on John Muir Parkway.
Figure 2: Street View of Suite E & F
Figure 3: Street View of Suite C & D
Parking Considerations
The Exchange includes 172 residential units served by 225 on-site garage parking spaces. Adjacent to The Exchange, there are currently has fifteen (15) public parking spaces along the street frontage of Bayfront Blvd and John Muir Pkwy and another twenty-three (23) spaces on the opposite side of the street, all available for retail visitors and the public. The City’s Public Works Department is planning to convert two curb space in front of Dream Bowlz to short-term parking in the near future.
Staff is aware of the limited availability of public parking at this location, particularly for retail customers. Since the on-street parking is not time-limited, staff has observed that it appears to be frequently used throughout the day and evening, presumably by residents of the area for long-term parking of additional household vehicles beyond those assigned spaces in the garage.
When the Planning Commission approved Resolution 17-02 approving DRP #17-01 for Block N of Bayfront Waterfront (the Exchange) on May 1, 2017 (Attachment 3), the project was conditioned in Condition of Approval #17 to make twenty-five (25) parking spaces in the building’s garage available for visitors prior to the execution of a Public Parking District as called for in the Implementing Development Agreement. “Visitors” for the purposes of this interim condition is defined as guests visiting residents of the project, as well as employees or customers of the retail and commercial uses located within the project. The building garage was designed to identify retail/visitor parking, but the project was issued building permits and approved for occupancy without this condition being met, in that the outer gate was closed to non-residents and signage indicated the parking was for residents only.
In May 2023, in response to inquiries from City staff, staff at the property manager, Catalyst, began opening the outer gate to make the 25 shared parking spaces available to the public during Dream Bowlz’ hours of operation Tuesday through Sunday.
Trash Operations
While the subject permit is only for the relocation of the on-street trash pickup, Councilmembers have inquired about the building’s trash operation.
The approved plans include a Trash Operation description noting that the process is to be reviewed and finalized with trash service and building operator. See Figure 4.
Figure 4: Existing Trash Operation Description
Republic Services’ website indicates, and their staff has confirmed, that the scheduled trash and recycling pick-up days for The Exchange are Tuesdays and Fridays and that green waste is collected on Wednesdays. Republic Services operations staff stated that currently, their pickup route services the waterfront area later in the morning, after picking up at commercial sites near I-80 and then at The Aventine, in order to minimize noise disturbance to waterfront residents. Republic Services also noted that scheduled pick-ups may be delayed due to service and logistics issues such as staff absences, equipment problems, etc.
Building management has stated that trash sorting and moving bins out is done by a third-party “push/pull” service contracted by the building management, which works from 4am to 11am daily. Bins are currently moved from the trash room to the designated loading area by 11am on Mondays and Thursdays in order to be ready for the Tuesday and Friday pickups. Building management staff stated that building staff returns the bins to the trash room immediately after pickup.
At an on-site meeting on Tuesday, June 6, 2023, building management, Republic Services and City staff met to discuss the refuse management issues. Building management agreed to ask their push/pull vendor to move the bins out on the morning of the collection dates, rather than the day before. Republic Services agreed to investigate whether the waterfront collection route could be modified to complete pickup at the Exchange prior to 10am, when Dream Bowlz typically opens.
The approved permit includes a condition of approval (COA) #24 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. Because staff has been unable to locate a record of such a plan having been approved prior to issuance of the building’s final Certificates of Occupancy on July 20, 2020, staff has requested that the applicant provide such a plan for review. The draft resolution of approval includes a condition noting that the City will not restripe the curb to relocate the trash-pickup until this condition has been fulfilled.
ENVIRONMENTAL REVIEW
Conditional Use Permit #23-02 has been determined to be a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA), Section 15301, which consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.
REQUIRED FINDINGS
Design Review Findings: Section 13-42.500 of the Municipal Code states prior to the issuance of any permit for the erection, construction, or exterior alteration of any public or private building, fence, structure, or sign, the applicant shall secure approval of the proposed design from the Planning Commission, with the following findings:
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.
Analysis: 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 for the original Design Review Permit #17-02 (Attachment 4) Finding #2: The approval of the design review plan is in the best interests of the public health, safety, and general welfare.
Analysis: The proposed modification would not affect the project’s furtherance of the public health, safety and general welfare, 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.
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.
Analysis: 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 to submit a refuse collection plan for Community Development Director approval, as required by the original Design Review Permit.
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.
Analysis: The proposed modification would not change the project’s architecture, design concept, or compatibility with the character of adjacent buildings, as found for the original Design Review Permit #17-02.
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 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 for the original Design Review Permit #17-02.
Staff requests that the City Council consider and approve the resolution approving the new Design Review Permit if it can make all five of the above findings, or if not, to state its reasons for any finding that it cannot make.
ATTACHMENTS:
Draft Resolution Approving Design Review Permit 23-03
Correspondence with Republic Services
Resolution 17-02 approving DRP 17-01
DRP 17-01 Design Review Findings and Facts
Presentation