Planning Commission Resolution 24-05
Planned Development Plan Text Amendment
HERCULES PLANNING COMMISSION
RESOLUTION NO. 24-05
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY
COUNCIL ADOPT AN ORDINANCE 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 RE QUIREMENT OF 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 remain s consistent with the intent of the General Plan and Zoning Ordinance and include s 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, on September 3, 2024, the Planning Commission held a duly noticed public hearing to consider these amendments and did hear and use its independent judgment to consider all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Hercules recommends that the City Council:
1. Find that this draft ordinance (Attachment 1a hereto) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) – Docusign Envelope ID: 06747054-0E10-432D-9BA2-8DA65939C8BB Planning Commission Resolution 24-05
Planned Development Plan Text Amendment
Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new constructio n 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. F urther, 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.
2. 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) and 13-25.300(2) to modify the requirement of a Planned Development Plan (PDP) for new and expanded development within the specified Zoning and Overlay Districts and to amend Hercules Municipal Code Section 13 -48.200 to allow a PDP process to be requested in all zoning and overlay districts as noted by the additions and deletions shown in Attachment 1a hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Hercules on this 3rd day of September 2024, by the following vote:
AYES: Schaufenbil, Morrison, Rubio, Most-Walker, and Bhattarai NOES: none
ABSTAIN: none
ABSENT: none
Robert Schaufenbil, Chair
ATTEST:
Timothy Rood, AICP
Community Development Director
Attach 1a: Draft Ordinance amending Hercules Municipal Code Title 13, Chapters 6, 10, 15, 16, 21, 22, 23, 24, 25 and 48
Docusign Envelope ID: 06747054-0E10-432D-9BA2-8DA65939C8BB