Historic Neighborhood Watch
— by Jeffrey Wisniewski — 8 September 2008 — 1 comment below »
Residents in the historic neighborhood adjacent to the restored historic Civic Arts Building have formed a community group to fight on-going efforts to install a full-service restaurant (including the sale of alcohol) directly above a children’s playground.
Below is the full text of the newsletter that has been passed around to residents in lieu of tomorrow evening’s City Council meeting…
Tuesday September 9th at 7 PM the City Council is meeting to decide a critical issue, namely whether or not allow a restaurant to take over the Historic Civic Arts Building on Railroad Avenue. Please come to this meeting. It is vitally important.
This building was part of the historic district and designated in 2003 for quasi-public-park use. Most residents state they were told the use of this building would be for an art center, museum, or day use. That plan was one of the reasons many current home owners and residents chose to invest and live in Hercules.
However, at the beginning of 2008, without any discussion, public process or notice, residents were shocked to learn from construction crews at the site that the intended use of the building was for a full service restaurant/lounge serving alcohol. Many voiced concern when they received, in their mailboxes, a promotion for the opening of the restaurant when no public hearings had taken place! As early as March 25, 2008, a signed petition was presented to the City Council objecting to the intended use and stating concerns and recommending that a different site be found for the restaurant.
To date, there has been an alarming disregard for process and the seeming indifference to concerns of residents who will be directly affected, those throughout the entire area who will also be affected, and along with those who have been concerned about the proposed Wal-Mart Project.
In July, residents appealed to the Hercules Planning Commission, who voted unanimously, 5-0, to deny a use permit for the proposed restaurant because of the impact it would have on the surrounding area.
The City Council is posed to overturn that decision on Tues eve, Sept 9. They have already rezoned the building without any public process to do so and, sadly, there is no indication that the city is responsive at all. This issue is as critical as the Wal-Mart issue because of the precedents it potentially can set. Because of this, residents have formed a concerned citizens group – the Historic Neighborhood Watch, (website to be up soon at www.historicneighborhoodwatch.com), with the goal of joining forces with Waterfront Watch to take back our neighborhoods, assist city government in fulfilling its promises, and to fully participate in the vision and enhancement of the quality of life of the citizens of Hercules. We want to work with the city to find the right site for this proposed restaurant, so that it will be a successful enterprise for all.
Here are important issues to consider:
- The restaurant will be open from 7 am to 10 pm every day, and may be later hours due to the recent and unplanned changes in zoning that effectively removes any right to object.
- There are safety concerns. The restaurant is designed to seat 130 people, yet it has parking for only 8 cars. The overflow will fall to our streets. On busy nights seating will change minimally 2-3 times. This means that as many as 360 people will be driving in and out of local neighborhoods often, late at night. Base on statistics, 8% or 29 people each day, 24 hours a day, are likely to be alcoholics.
- Lighting, noise, odors, and vermin are major concerns. There will be flood lights, an outdoor dining patio with music, and a large commercial blower on the roof that the city admits will be noisy.
- The Preservation Guidelines and zoning have been compromised in order to place the restaurant in this location. The City has already changed zoning, added a block wall, and two tall light posts to the site without going through established permit processes. (Responding to concerns about lighting that will shine directly into many homes and bedrooms, the city is on record that only one 12 foot shielded light would be installed. Just last week, two tall light poles were installed. This sets a precedent for violating preservation or planning guidelines throughout Hercules.
- A decline in property values will result from this proposed use of this site. A decline in values of homes directly affected will initiate a recorded lowering of valuation in homes throughout the area.
The rezoning of this area was part of the Waterfront Now Initiative, filed with the city on June 5, 2008, endorsed by the signatures of over 3700 Hercules residents, and signed into law by the City Council.
On August 19, there was an article in the Contra Costa Times by Tom Lochner that read: “The rezoning was slipped into the Waterfront Master Plan, after July 7, and buried within the fine print,” said Historic Homes resident Don Goewey; he characterized the action as “a flagrant breach of trust.” I had talked with Tom Lochner prior to his writing this article and made clear that this rezoning had been part of the plan at least as early as June 5, when it was filed with the city. It was irresponsible of Lochner to repeat this without qualification and it was reprehensible of Goewey to make this unfounded accusation, especially since either party could have easily checked with the city to see that this is not true.
Personally, I had been on the fence about Sala Thai, but seeing the willingness of those most opposed to make false accusations has made me less sympathetic to their cause. Although the restaurant is somewhat close to a few houses, it is no more so than for many other thriving neighborhoods, and we might consider that many who object to Sala Thai also objected to the building of the Promenade neighborhood as well.