Chapter 13-23 — School-Park Overlay District

The purposes of the school-park overlay district are to:

1. Create an “overlay district” consisting of undeveloped parcels west of San Pablo Avenue for the purpose of developing a centrally located elementary school/neighborhood park site. Parcel B, the McLeod property, is excluded from consideration because it is not centrally located.

2. Ensure that new development funds its share of costs associated with the provision of park facilities by attaching project-specific mitigation as conditions of approval.

3. Ensure that adequate school capacity is available to serve the demand generated by new development within the school-park overlay district. [Ord. 515 § 2, 2018; ZO § 23.100.]

The school-park overlay district is established for the area and properties designated within the General Plan for this district.

1. The school-park overlay district is established in conjunction with other zoning districts designated for a property; the boundaries of the overlay may or may not coincide with other zoning district boundaries.

2. The overlay shall add to the performance standards of whatever other zoning district designation or overlay district is applicable to the area or buildings within the overlay boundary. [Ord. 515 § 2, 2018; ZO § 23.200.]

Plans for all new and expanded development and uses within the overlay area shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas within the school-park overlay district:

1. 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. [Ord. 553 § 2, 2024; Ord. 515 § 2, 2018; ZO § 23.300.]

The standard performance standards for development specified in Chapter 13-31 shall be met along with the specific performance standards required for the land use and other overlay districts designated for the

property. In addition, the following specific performance standards shall be met:

1. Adequate capacity to serve new and expanded development within the overlay district that increases demand for school facilities shall be required. Adequate school capacity to serve a proposed project must either be available as certified by the school district, or improvements that provide adequate capacity as certified by the school district must be completed prior to issuance of a certificate of occupancy.

2. If adequate school capacity is not available, the project applicant may undertake 1 or more of the following actions to assist the development of adequate school capacity to serve the project:

A. Voluntarily make cash payments to the school district to provide improvements.

• B. With the approval of the school district, provide or construct school facilities to improve capacity.

• C. Dedicate or donate land for school capacity improvements.

• D. Establish a funding district that can finance school capacity improvements.

E. Payment of adequate school impact fees or supplemental City development fees to be used for school improvements. [Ord. 515 § 2, 2018; ZO § 23.400.]

The property development regulations within the school-park overlay district are per performance criteria set forth in this Chapter in combination with the regulations of the land use zoning district and other overlay districts designated for a property; provided, that where a conflict between the regulations in this Chapter and those in other provisions of the Zoning Ordinance occurs, the more restrictive regulation shall prevail.

Land uses allowed within the overlay district are per the land use zoning district and other overlay districts designated for a property. [Ord. 515 § 2, 2018; ZO § 23.500.]

==> picture [39 x 19] intentionally omitted <==

==> picture [39 x 19] intentionally omitted <==

==> picture [39 x 19] intentionally omitted <==

The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b