Chapter 13-18. NTC New Town Center District Amended Ord. 549

Sec. 13-18.100 Specific Purposes.

The specific purposes of the proposed NTC zone are listed as follows:

1. Create a transit-oriented town center consisting of a relatively dense pattern of building in the center of town and a mix of residential, commercial, office, and public and quasi-public uses.

2. Create an interconnected network of pedestrian-oriented streets, blocks, and publicly accessible open spaces.

3. Establish commercial and retail development in the area around Sycamore and San Pablo Avenues and along SR 4.

4. Create a vibrant, urbanized place for shopping, working, and living at the core of Hercules.

5. Create a mix of neighborhood-serving retail and commercial uses around 1 or more new town squares.

6. Develop according to principles of transit-oriented development and urban design identified in the Central Hercules Plan Regulating Code (see Chapter 13-28).

7. Encourage development that promotes walking, biking, and transit use.

8. Provide transit users with opportunities to reduce vehicular travel by creating opportunities to purchase goods and services at or near transit stations.

9. Promote transit by providing attractive and convenient multiple-use transit stations or centers.

10. Promote regional employment opportunities based on access to regional transit facilities.

11. Work with transit agencies to develop both short-term and long-term transit facility uses in Hercules.

12. Create central gathering places where residents of Hercules can meet, shop, and socialize. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.100.]

Sec. 13-18.200 Review of Plans and General Conditions.

General conditions would apply to all new and expanded development in the NTC zone, subject to sections of the Zoning Ordinance, including: Chapter 13-42, Design Review; Chapter 13-48, Planned Development Plans; and Chapter 13-49, Specific Plans, or another process approved by the Community Development Director. Additionally, as stated above, new and expanded development must have a finding of consistency with the general planning and design intent of the Central Hercules Plan (CHP) Regulating Code (Chapter 13-28) and complement its character.

Furthermore, all development proposals within the NTC zone would be reviewed for:

1. Careful planning to avoid potential negative impacts of one use on another;

2. Easy and convenient access by foot and bike to transit facilities;

3. A balance of open space, landscaping, recreation, and transit access;

4. Adequate parking while also allowing for parking reductions for shared parking arrangements;

5. Buffers for noise, light, and glare;

6. Unified development with an emphasis on pedestrian access to and from transit component(s) of the development; and

7. Attractive frontages along public highways and street rights-of-way. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.200.]

Sec. 13-18.300 Performance Standards.

In addition to the general conditions described above, all new and expanded development would be subject to general performance standards specified in Chapter 13-31 in addition to the following specific performance standards, including:

1. Design/architectural theme;

2. Street connectivity for vehicles and pedestrians;

3. Maximum block length;

4. Light and glare prevention/reduction;

5. Landscaping;

6. Usable open space minimums;

7. Integrated open space network;

8. Noise insulation/attenuation; and

9. Design and location of parking facilities. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.300.]

Sec. 13-18.400 Land Use Regulations. Amended Ord. 549

Because the NTC is intended to be a mixed-use district, any proposed use would require a land use permit as identified in Table 13-18.1 (Land Use Regulations: NTC District). These uses may be allowed/permitted subject to approval of: either an administrative use permit (A), or a conditional use permit (C) and demonstration of compliance with Chapter 13-48.

Other uses may be allowed within the NTC zone subject to approval of a CUP that can be shown to support mass transit, benefit from the availability of mass transit, provide goods and services to transit users, or contribute to creating a full service transit-oriented commercial public facility. Because the emphasis of the NTC zone is on mixed use, multiple combinations of uses would be allowed as identified in Table 13-18.1.

Table 13-18.1 Land Use Regulations: NTC District 

			NTC
Commercial Uses
Recreational Facilities
	Athletic Clubs		A
	Other Commercial Athletic Facilities		C
Retail Sales
	Convenience Stores		C
	Dry Cleaners and Laundries		C
	Furniture, Furnishings, and Hardware Stores		C
	Grocery and Liquor		C
	Outdoor Retail Sales and Services
		Permanent	C
		Temporary	A
	Recreation and Entertainment		C
	Restaurant, Delicatessen, and Bar		A
		With Liquor Service	C
	Retail Stores
		2,000 sq ft or less	A
		More than 2,000 sq ft	C
Services and Offices
	Business Support Services		A
	Hotels, Motels, Inns		C
	Medical
		Medical and Dental Clinics and Services	A
	Offices and Banks
		2,000 sq ft or less	A
		More than 2,000 sq ft	C
	Personal Services		A
	Video/Media Rentals		C
Public and Quasi-Public Uses
Daycare Facilities (for employees, residents and passengers)			A
General Daycare			C
Government Offices			A
Libraries, Museums and Galleries			C
Park and Recreational Facilities			A
Public Safety Facilities			A
Transit Facilities
	BART Stations		C
	Transit Transfer Stations		C
	Transit Malls		C
	Transit Offices and Support Facilities		C
Utility Facilities			C
Residential Uses
Caretaker, Guest, and Employee Housing			A
Multifamily Dwelling			A
Townhouse/Condominium			A
Planned Unit Development			A
Family Daycare Home (14 or fewer children)			P
Supportive Housing (Apartment Type)			P
Transitional Housing (Apartment Type)			A
Accessory Uses and Structures			A(1)
Key to Land Use Regulations
A	Administrative Use Permit Required
C	Conditional Use Permit Required
P	Permitted Use
(1)	Facility or use is directly related to the primary use of site.

[Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 484 § 8, 2015; Ord. 445, 2009; ZO § 18.400.]

Sec. 13-18.500 Property Development Regulations in the NTC District.

Table 13-18.2 (Property Development Regulations: NTC District) identifies the property development regulations for the NTC zone. These regulations establish the basic site and design requirements.

 

Table 13-18.2 Property Development Regulations: NTC New Town Center District

		NTC	See Also
Site Area		—
Residential Density (units/acre)
	Range	30—75 DUA
	Midrange	60 DUA
Commercial Density (FAR)
	Range	0.10 to 2.00
	Typical	1.00
Lot Size		—
Lot Frontage		(PDP)
Lot Depth		(PDP)
Setbacks
	Front (ft)	0
	Rear (ft)	15 adjacent to residential
		10 adjacent to any other use
	Side (ft)	0
	Corner Side (ft)	0
Maximum Site Coverage		(PDP)
Landscaping Minimum		(PDP)
Building Height
	Minimum	20 ft or 2 stories, whichever is greater
	Maximum	85 ft
Parking		(PDP)	Chapter 13-32
Signage		(PDP)	Chapter 13-34
Key to Land Use Regulations
(PDP)	Or as per an approved planned development plan.

[Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.500.]

Sec. 13-18.600 Relationship of the NTC Zone to the Central Hercules Plan Regulating Code.

The CHP Regulating Code includes a section regarding the “mandatory” or “permissive” application of the standards. This flexible option allows properties to be developed in strict accord with the underlying zoning or follow the design standards and provisions of the CHP. The proposed NTC land use designation and zone establish land use and development standards that will be applied to the development of properties in that area, and by adoption of the proposed ordinance would supersede the “permissive” option of the CHP for those properties within the NTC area. Therefore, all development in the NTC would be subject to the standards in the NTC zone, including:

1. Administrative or conditional use permits established in the land use regulations; and

2. The property development standards/regulations described in this Chapter that generally would be subject to the planned development plan review and approval established in Chapter 13-48.

Additional findings still would be required that the proposed plan: (A) is consistent with the general planning and design intent of the CHP Regulating Code, and (B) complements the character of the planning and design in the balance of the area covered by the CHP Regulating Code. [Ord. 544 § 3, 2023; Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.600.]