CITY OF HERCULES ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE SECTIONS 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1-3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) AND 13-25.300(2) TO MODIFY THE REQUIREMENT FOR A PLANNED DEVELOPMENT PLAN, TO AMEND HERCULES MUNICIPAL CODE SECTION 13-48.200 TO ALLOW A PLANNED DEVELOPMENT PLAN TO BE REQUESTED IN ALL ZONING AND OVERLAY DISTRICTS AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the Planned Development Plan process allows an applicant to propose development standards that deviate from the zoning district, provided the Planned Development Plan remains consistent with the intent of the General Plan and Zoning Ordinance and includes only uses and densities that are already permitted in the subject zoning district; and WHEREAS, several Hercules Overlay Districts and Zoning Districts require the Planned Development Plan process prior to any development of the property; and WHEREAS, Hercules Municipal Code Chapter 13-60 defines Development as “…any human-made change to improved or unimproved real estates, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations…”; and WHEREAS, the Planned Development Plan process places an undue burden on an applicant who is proposing a development and not requesting to deviate from the development standards of the applicable zoning or overlay district; and WHEREAS, the Hercules Municipal Code can be amended to allow the Planned Development Plan process to be utilized where appropriate and when requested to modify the development standards for a project from those of the base zone and to allow applicants to utilize this process where and when it is warranted; and WHEREAS, this ordinance (“Ordinance”) amends Hercules Municipal Code Sections 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1-3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2) and 13-25.300(2) to remove the Planned Development Plan requirements and Hercules Municipal Code Section 13-48.200 to allow a PDP process to be requested in all zoning and overlay districts; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on September 3, 2024 to consider the proposed Ordinance and did hear and use its independent judgement to consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the Planning Commission at its September 3, 2024 meeting passed Resolution #24-05 recommending City Council adopt the proposed Ordinance; and WHEREAS, on September 24, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to Planned Development Plan requirements, received the staff report and staff presentation, received comments from the public and interested parties and discussed the matter, and waived the first reading and introduced the Ordinance; and WHEREAS, at its regular meeting on _____________, the City Council voted to waive second reading and adopt the Ordinance; WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council hereby incorporates them into this Ordinance by this reference as findings.
SECTION 2. Findings. In accordance with Hercules Municipal Code Section 13-53.300, the City Council hereby finds:
The proposed Ordinance is consistent with the General Plan. All amendments contained in Section 2 below are consistent with the General Plan as they merely remove the requirement to complete the Planned Development Plan approval process in overlay zones while maintaining the option to apply for the process.
The proposed Ordinance would not be detrimental to the health, safety, welfare, and public interest of the City. The Ordinance is intended to streamline desired development consistent with the underlying Zoning Code by removing the requirement for Planned Development Plan approval in the overlay zones. It is in the public interest of the City to encourage development consistent with the Zoning Ordinance.
The proposed amendment is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance. The Ordinance removes the Planned Development Plan process requirement in the overlay zones and serves to enhance the purpose of the Zoning Ordinance to promote well-balanced growth and development.
SECTION 3. Amendment. Deletions to the Hercules Municipal Code are shown in strikethrough. Additions are shown in bold/underline. The City Council of the City of Hercules does hereby amend Hercules Municipal Code Sections 13-6.200(3), 13-10.200(3), 13-15.200(1 & 2), 13-16.200(1–3), 13-21.400(2), 13-22.300(1 & 2), 13-23.300(1), 13-24.300(1 & 2), 13-25.300(2) and 13-48.200 to read as follows:
Hercules Municipal Code
TITLE 13. ZONING ORDINANCE
Chapter 13-6. Residential Districts
Sec. 13-6.200 Review of Plans and General Conditions.
3. Major residential subdivisions and multifamily projects of 10 units or more shall require a planned development plan as per Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48" \o ""13-48.
Chapter 13-10. Public/Quasi-Public District
Sec. 13-10.200 Review of Plans and General Conditions.
3. Public and quasi-public development projects of 5 acres or more shall require a planned development plan as per Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48"13-48. Open space areas to be maintained in open space without development of facilities other than trails and paths are not required to submit a planned development plan.
Chapter 13-15. PC-R Planned Commercial Residential Mixed-Use District Sec. 13-15.200 Review of Plans and General Conditions.
1. All new and expanded development shall be subject to Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1342.html#13-42"13-42, Design Review, and Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48"13-48, Planned Development Plans.
2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Subdivision or partial development of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.
Chapter 13-16. PO/RD Planned Office-Research and Development Mixed-Use District Sec. 13-16.200 Review of Plans and General Conditions.
1. All new and expanded development shall be subject to Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1342.html#13-42"13-42, Design Review, and Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48"13-48, Planned Development. Subdivision or partial development of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.
2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. The planned development plan for properties in this district shall also include provisions for sewer capacity and other infrastructure, access to public streets, adequate parking, architectural guidelines or controls, and landscaping.
3. A hazardous materials management plan for the facility is to be prepared as part of the Design Review planned development plan to regulate use of hazardous materials within the facility and to provide for the storage and disposal of small amounts of hazardous wastes that may be generated. An emergency response program is required to be part of the management plan.
Chapter 13-21. F Special Flood Hazard Area Overlay District Sec. 13-21.400 Review of Plans and General Conditions.
2. All new and expanded uses within the special flood hazard area overlay district shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.
Chapter 13-22. Refugio Creek Overlay District
Sec. 13-22.300 Review of Plans and General Conditions.
1. All new and expanded development shall be subject to Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1342.html#13-42" \o ""13-42, Design Review, and Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48" \o ""13-48, Planned Development.
2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.
Chapter 13-23. School-Park Overlay District
Sec. 13-23.300 Review of Plans and General Conditions.
1. All new and expanded development shall be subject to Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48" \o ""13-48, Planned Development. In addition, all new and expanded development shall be required to be subject to the plan review and permit conditions of the land use zoning district and other overlay districts designated for the property.
Chapter 13-24. Special Study Area Overlay District
Sec. 13-24.300 Review of Plans and General Conditions.
1. Combined or separate planned development plans for Special Study Area No. 1 and Special Study Area No. 2 shall be submitted to the Community Development Department and adopted by the City prior to approval of any use permits or building permits within these areas.
12. All new and expanded development shall be subject to the plan review and permit conditions of the land use zoning district designated for the property.
Chapter 13-25. Special Study Area Overlay District
Sec. 13-25.300 Review of Plans and General Conditions.
2. All new and expanded development shall be subject to Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1348.html#13-48"13-48, Planned Development. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit.
Chapter 13-48. Planned Development Plans
Sec. 13-48.200 Application and Applicability.
A planned development plan shall may be prepared for developments and subdivisions within zoning and overlay districts specified in Division II of the Zoning Ordinance. Development design may deviate from the standards of a zoning district to the extent that the planned development plan is consistent with the intent of the General Plan and Zoning Ordinance. A planned development plan shall include only uses and densities permitted in the zoning district in which the planned development plan is located.
All proposals for subdivision or development within zoning districts requiring that include a planned development plans shall be required to submit a planned development plan application concurrently with other applications. There are 3 potential stages in the review process which are outlined below and include the following: (1) conceptual; (2) initial; and (3) final. The final stage includes design review as established in Chapter HYPERLINK "https://www.codepublishing.com/CA/Hercules/" \l "!/Hercules13/Hercules1342.html#13-42"13-42.
The final planned development plan encompasses the detailed building, landscaping, signage, and exterior lighting design of the project. Final planned development plans shall consist of both use permit and design review approval along with sufficient plans and exhibits to document all project features and conditions. The final planned development plan and design review must be approved prior to building permit issuance.
SECTION 4. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that there is no possibility that the ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Further, none of the circumstances described in CEQA Guidelines § 15300.2 applies. No unusual circumstances are present. This determination reflects the City of Hercules’ independent judgment and analysis.
SECTION 5. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance will continue to provide the Planned Development Plan as an option to applicants to utilize for property development in all overlay districts and zones; SECTION 6. The Hercules City Council has reviewed, considered, and evaluated all of the information prior to acting upon Ordinance.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.
SECTION 8. Codification. Section 3 of this Ordinance shall be codified in the Hercules Municipal Code. Sections 1 and 2 and 4 through 9 shall not be so codified.
SECTION 9. Effective Date and Publication. The City Clerk shall certify the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 24th day of September, 2024, and was passed and adopted at a regular meeting of the Hercules City Council on the _____ day of _____________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Dan Romero, Mayor
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Eibleis Melendez
City Clerk
Ordinance No. ___
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