Article 5 — Appeals

• (a) An appeal may be taken by any person, firm or corporation, or by an officer, department, board or commission of any public corporation or political subdivision in the State of California, aggrieved or affected by any decision under this Chapter regarding approval of mitigation implementation plans, compliance schedules, compliance reports or execution of the mitigation monitoring agreement. Such appeals shall be taken by filing a written notice of appeal with the City Clerk within seven (7) calendar days after the decision. A notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. The City Clerk shall immediately forward a copy of the notice of appeal to the Planning Director. If the appeal is taken from a decision of the Planning Commission, the Planning Director shall forward a copy of the appeal to that body. A filing of a notice of appeal within the time and the manner specified, shall stay all proceedings by the parties in connection with the matter on which the appeal is taken until determination of the appeal, as provided herein. Appeals of decisions of the Planning Director shall be taken to the Planning Commission. Appeals of decisions of the Planning Commission shall be taken to the City Council.

• (b) At the next available meeting following filing of a notice of appeal of a decision of the Planning Director, the Planning Commission shall hold a public hearing and shall review the action of the Planning Director and may do any one of the following:

  • (1) Refer the matter back to the Planning Director for further consideration, in which case the Planning Director shall conduct further investigations as he shall deem advisable and report his conclusion to the Planning Commission.

  • (2) Affirm the decision of the Planning Director and deny the appeal.

  • (3) If, in the opinion of the Planning Commission, the facts warrant further hearing, the Planning Commission shall set the matter for hearing.

• (c) Following the hearing, the Planning Commission may reverse or affirm, wholly or partly, or modify any decision, determination or requirement of the Planning Director, and may make decisions and determinations and may impose such conditions as the facts warrant, and may approve all submittals required by this Chapter.

• (d) The procedure for the taking of appeals of decisions from the Planning Commission to the City Council shall be the same as set forth in subsections (b) and (c) of this section.

• (Ord. 287 Div. 1 (part), 1990)

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City of Hercules, CA Sec. 10-14.601

LAND USE

The City may deny any discretionary approvals, including all submittals required by this Chapter, if plans and specifications of the project submitted by the applicant do not incorporate the mitigation measures of the type that can be incorporated during the pre-construction phase. (Ord. 287 Div. 1 (part), 1990)

The City may issue stop-work orders or denial of subsequent approvals necessary to complete and occupy a project if mitigation measures of the type that can be implemented during the construction phase have not been so implemented. The City may also require the applicant to post a performance bond to ensure proper implementation of identified mitigation measures. (Ord. 287 Div. 1 (part), 1990)

The City may enforce ongoing mitigation measures identified in the mitigation monitoring and reporting program through all legal remedies including but not limited to remedies for breach of the mitigation monitoring agreement. In addition, failure to comply with the requirements of this Chapter is a violation of the City's Municipal Code and shall constitute a misdemeanor, unless the City Attorney determines to prosecute any violation of this Chapter as an infraction. The City expressly reserves the right to prosecute any violation of its Code in criminal, civil or administrative forums.

(Ord. 287 Div. 1 (part), 1990)

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City of Hercules, CA

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City of Hercules, CA

Subarticle 1 Findings

• (a) Transportation systems management (hereinafter referred to as "TSM") has the potential to reduce vehicle trips and vehicle emissions more efficiently and cost effectively than major roadway improvements.

• (b) For many years prior to the passage of Contra Costa County Measure C in 1988, local jurisdictions developed and implemented a variety of TSM and transportation demand management (hereinafter referred to as "TDM") projects and programs (e.g., operation of transit systems, construction of bicycle facilities, land use policy coordination and related improvements).

• (c) Since 1992, the Contra Costa Transportation Authority has committed both Measure C and Transportation Fund for Clean Air ("TFCA") funds to four subarea programs for the implementation of Measure C and Clean Air Plan goals.

• (d) Pursuant to the provisions of Measure C, adoption of a TDM ordinance was deemed to be one component of a comprehensive transportation planning effort.

• (e) In compliance with the requirements of the TDM ordinance, large employers were required to develop and implement trip reduction programs at work sites and, pursuant to those requirements, implementation of the TDM ordinance was delegated to the West Contra Costa Transportation Advisory Committee ("WCCTAC").

• (f) The Countywide Comprehensive Transportation Plan incorporates each regional committee's action plan for routes of regional significance, which support specific TSM/ TDM goals and objectives.

• (g) Over the past four years, the sub-area TDM programs have been successful in reducing vehicle trips and emissions at the employment sites specified in the TDM ordinance, as well as in school and residential areas where programs have been implemented.

• (h) Since the adoption of the TDM ordinance, TDM efforts have been expanded to include aspects of the transportation systems other than employer programs (e.g., enhancement of transit and bicycle facilities, incorporation of new technologies into the system, land use policy coordination and related enhancements).

• (i) In adopting the ordinance codified in this Chapter, cooperation and coordination with other local jurisdictions and regions in furthering TSM are acknowledged as having the potential to enhance the efficiency and cost-effectiveness of its efforts; and accordingly, the Council of the City of Hercules directs staff to take steps to implement TSM in accordance with the policies, goals, and objectives set forth herein, and in cooperation with WCCTAC staff.

• (Ord. 344 § 3 (part), 1998)

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City of Hercules, CA

In light of legislation passed eliminating mandatory employer-based trip reduction requirements, the following purposes, goals, and objectives are adopted in order to assist staff in implementing this Chapter and TSM programs. The City establishes this TSM ordinance:

• (a) To promote maximum efficiency in the existing transportation system and to further the transportation goals of the Measure C Growth Management Program, Contra Costa's Congestion Management Program, the Bay Area Clean Air Plan, and the West County Action Plan, by:

  • (1) Promoting and encouraging the use of transit, ridesharing, bicycling, walking, flexible work hours, and telecommuting as alternatives to solo driving,

  • (2) Incorporating these goals and objectives into the land use and review and planning process,

  • (3) Developing proactive programs and/or projects either alone, in conjunction with other jurisdictions, or with WCCTAC, aimed at achieving these goals,

  • (4) Considering the incorporation of appropriate technology designed to facilitate traffic flow, provide transit and highway information, provide trip generation alternatives, and considering the incorporation of related technology into the transportation system,

  • (5) Cooperating with other jurisdictions, the private sector, and transit operators in planning and implementing transportation programs,

  • (6) Educating West County employees, employers, residents, and students regarding the benefits and availability of commute alternatives,

  • (7) Working with the transit authorities to better serve West Contra Costa County,

  • (8) Encouraging the most cost-effective transportation improvement projects aimed at achieving congestion relief, and

  • (9) Cooperating with other jurisdictions and agencies, the private sector, and transit operators in planning and implementing transportation programs;

• (b) To reflect an ongoing commitment to expand TSM efforts beyond employer based trip reduction programs, in order to achieve congestion management and air quality goals; and

• (c) To comply with applicable state and federal laws as well as with Measure C Growth Management Program requirements pertaining to TSM.

• (Ord. 344 § 3 (part), 1998)

The goal of this Chapter is to ensure the continuation of a proactive TSM program effort aimed at reducing vehicle trips, vehicle emissions, and traffic congestion in the most efficient and cost effective manner.

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City of Hercules, CA

Sec. 10-15.203

(Ord. 344 § 3 (part), 1998)

The objective of this Chapter is to establish the following policies:

• (a) To participate, in conjunction with other jurisdictions and WCCTAC, in a proactive effort to support and develop projects which will achieve the Measure C TSM/TDM goals as described in the West County Action Plan, the County-wide Comprehensive Transportation Plan, the Measure C Strategic Plan, the Congestion Management Plan, and/or the Bay Area Clean Air

Plan. Such participation may include, but need not be limited to:

• (1) Promotion and encouragement of the use of transit, ridesharing, bicycling, walking, flexible work hours, telecommuting or other alternatives to solo driving.

• (2) Defining and implementing projects incorporating appropriate technology designed to facilitate traffic flow, provide transit and highway information, and related technology.

(b) To incorporate these goals into the land use review and planning process.

(Ord. 344 § 3 (part), 1998)

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City of Hercules, CA