DATE: March 24, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Proposal to subdivide a 2.3 acre parcel and construct 42 Townhomes at 25891 and 25915 Dollar Street, north of the Harder Road intersection, requiring approval of an Amendment to the Thoroughfare Plan of the Hayward Mission Boulevard Corridor Specific Plan Form-Based Code, Site Plan Review, Warrants for Parking and Roof Pitch, and Vesting Tentative Tract Map; Donald Babbitt/Warmington Residential (Applicant), Lakhbir Singh, Dubba, LLC (Owner)
Recommendation
RECOMMENDATION
That the Planning Commission recommends to the City Council approval of the proposed Plan/Code Amendment, Site Plan Review, Warrants for Parking and Roof Pitch, and Vesting Tentative Tract Map 8301, subject to the findings contained herein and attached Conditions of Approval (Attachments II); and that the City Council finds the project exempt from the California Environmental Quality Act Guidelines pursuant to Section 15322: In-Fill Development Projects.
Body
SUMMARY
The project is supported by staff because the proposed density is consistent with that required in the Hayward Mission Boulevard Corridor Form-Based Code. In addition, the project is consistent with surrounding development, including properties to the west across the BART tracks and the adjacent KB Home development under construction to the south. The Spanish style architecture meets Hayward Design Guidelines and Code Design requirements with a variety of colored stucco exterior finishes, tile gable roof forms, use of arches and columns delineating entries and balconies with iron railings, and windows accented with decorative iron grills or wood shutters. The project design is at a scale and is harmonious with nearby Mission style development. Furthermore, the project is “green”, with a GreenPoint Rated score of 103 points (over twice the minimum required for such rating) for such things as water and energy efficiency, use of interior finishes that contribute to clean interior air quality, solar ready units, and promoting the use of electric vehicles, public transportation and bicycles. Lastly, the open space provided exceeds minimum requirements and includes attractive outdoor amenities such as exercise stations along the perimeter walkway and a barbeque/kitchen area including outdoor furniture.
As with the KB Home development, staff is also supportive of a Warrant to exceed by 11 spaces the maximum 84 parking spaces allowed, given the distance of the development from the BART stations. Furthermore, a Code amendment is required to remove a planned 56-foot wide thoroughfare (roadway) that is shown in the Code that would terminate at the western boundary of the property at the BART tracks. Staff is supportive of elimination of the requirement to construct such thoroughfare because the street and bike route would terminate at a sound wall adjacent to the BART tracks, a bike route is available in Dollar Street, and the dead end street, if developed, would be an attractive location to be used as a dumping ground given its limited public visibility.
BACKGROUND
The property is developed with a parking lot and a 5,184-square-foot building designed and used for major automobile repair. The site was once used for vehicle storage by adjacent Mission Boulevard automobile dealers. In 2010, the Planning Director conditionally approved an administrative use permit allowing minor automobile repair and an ice cream distribution center. These two businesses currently operate on a month-to-month lease.
General Plan/Form Based Code-The General Plan land use designation of Sustainable Mixed Use (SMU) generally applies to areas near regional transit that are planned as walkable urban neighborhoods. Typical building types will vary based on the zoning of the property, but will generally include single-family homes, duplexes, triplexes, four-plexes, second units, townhomes, live-work units, multi-story apartment and condominium buildings, commercial buildings, and mixed-use buildings that contain commercial uses on the ground floor and residential units or office space on the upper floors. Sustainable Mixed Use Areas are expected to change substantially in the future, as properties are planned to be developed and redeveloped at relatively high densities and intensities to create walkable and mixed-use neighborhoods and multi-modal corridors.
The Code became effective on February 4, 2014. This Code carries out the policies of the Specific Plan and the Hayward General Plan by classifying and regulating the types and intensities of development and land uses within the Code area consistent with, and in furtherance of, the policies and objectives of the General Plan. The zoning designation for this site under the Code is MB-T4-2, General Urban Zone, consists of mixed use but primarily residential urban development. It includes a mix of building types: townhouses, apartment buildings, mixed-use buildings and commercial buildings. Setbacks and landscaping are variable. Streets with curbs and sidewalks define medium-sized blocks.
On October 22, 2015, a preliminary map/project meeting was held and was attended by the owner of an adjacent property.
DISCUSSION AND STAFF ANALYSIS
The project requires several discretionary approvals including:
• Site Plan Review;
• a Warrant for providing 11 parking spaces above the maximum 84 spaces allowed;
• a Warrant to allow roofs to be flatter than the minimum required 5:12 roof pitch;
• a Vesting Tentative Tract Map creating seven parcels for the construction of 42 townhome-style condominiums; and
• a Code Amendment changing the Hayward Mission Boulevard Corridor Specific Plan and Form-Based Code Thoroughfare Plan by deleting a short, 56-foot-wide street right-of-way and bicycle route that would lead westward from Dollar Street along the northern boundary of the site and terminate at the BART tracks.
Project Description -
Site Context - The site is rectangular in shape, is relatively flat, and has twenty-two trees of varying size and species. . To the north of the Project site, on the west and east sides of Dollar Street, is similarly zoned properties developed with an auto storage lot, auto repair and auto related uses. Auto uses and a CVS pharmacy store are located across Dollar Street. To the west are Bay Area Rapid Transit (BART) and Union Pacific tracks, and west of the tracks are properties in the Medium Density Residential District (RM) developed with four, four-unit apartment buildings and a single family home, and a Single Family Residential District (RS) developed with Harder Elementary School and a neighborhood of single-family homes. To the south is the KB Home 38-unit townhome-style condominium development under construction. Across Harder Road are two properties developed with a building containing an automobile stereo and cellular store and a restaurant and a Kmart store.
Site Layout - Seven buildings, with townhome-style condominiums are proposed, including two 4-plexes, two 5-plexes, and four 6-plexes. The building footprints range from 3,252 square feet to 4,740 square feet in area. Proposed are eleven visitor parking spaces, four of which are adjacent to a community mailbox area (see Attachment V: Landscape Plans, sheet L3) at the end of Drive Aisle “A” north of the project entrance. This paved area is designed as a casual community meeting place and transit information area with an accent tree providing shade over a bench, group mailboxes, transit information kiosk and bike racks. The project is designed as a walkable community that encourages interaction between residents with the use of a perimeter interconnected walkway system connecting each unit’s private open space to the two common group open spaces and a central paseo, and to the vehicle/pedestrian entry at Dollar Street, which will be accented with decorative paving and monument entry signs.
The private street system serving the project is accessible only from the Dollar Street entry, which will be developed to City of Hayward public street standards. The preliminary landscape plan provides a variety of Bay-Friendly, water efficient landscape throughout the site. Seven, 36-inch box trees will be installed on the Dollar Street frontage. The stormwater treatment areas located throughout the site will incorporate the use of landscape and pervious pavers. Bio-retention areas collect water during rainstorm events where water is filtered back into the ground water ecosystem. Final landscape plan details will be reviewed and approved as part of the improvement plan and will be approved prior to building permit issuance.
Building Elevations and Floor Plans - As shown on sheets A1 through A25 (Attachment IV: Plans), the seven, three-story buildings incorporate many design elements of Spanish architecture. The design features stucco earth tone finishes, tile roofs, wood doors, decorative iron or shutter window accents, and arches or stucco columns at first floor entries and as balcony roof supports. Roof types include a tile 4:12 pitched gable roof spanning the entire building with decorative vents over second and third floor windows. Balconies and shed roof elements are included over first floor windows and the second floor balconies. Each unit is designed with a combination of arch and column elements on the first and second floors. All units have a 6-foot deep porch with a balcony deck above. The porches and balconies are accented by stucco columns with wainscot detail and black iron railings. Windows are accented with decorative iron below the sill or wood shutters. Decorative garage doors are recessed 12-36 inches and are at the rear of the buildings facing common drive aisles. Decorative iron grills and shutter elements will wrap all elevations.
Three floor plans are proposed and range from 1,821 square feet to 1,194 square feet in area. Plan 1, the smallest of the units, offers a ground floor den, second floor kitchen, dining room, living room and half-bath, and three bedrooms, two full bathrooms and a laundry room on the third floor. There are a total of ten Plan 1 floorplans.
Plan 2 is a 1,872 square feet unit offering a ground floor bedroom and full bath, second floor kitchen, living room, dining room and half-bath, and three bedrooms, two full baths and a laundry room on the third floor. There are a total of sixteen Plan 2 units.
Floor Plan 3 is the largest of the units, 1,955 square feet, offering three bedrooms and two full baths on the third floor. The second floor offers a kitchen, a half-bathroom, a family room with a nook and a living room dining area with balcony access. The first floor has a bedroom and, like Plan 2, a full bathroom. Four end units are designed with 6-foot deep wraparound porches. A total of sixteen Plan 3 homes are proposed.
Dollar Place’s design is sensitive to multigenerational households and aging in place. It’s common for adult children to move back home for financial reasons and common for aging parents to move in to be cared for or to care for adult children and grandchildren. In addition, multigenerational living is common for immigrant families for whom inter-generational living is the norm. Thirty-two Plan 2 and 3 units, 76% of total, offer a ground floor bedroom with a full bathroom. A total of ten Plan 3 end units, 24%, offer zero-step entry meeting CalGreen accessibility standards.
Parking and Bicycle Parking - The Code allows a maximum of two off-street parking spaces per unit. The project is designed with a total of 95 parking spaces. The two-car garages account for 84 spaces. The developer proposes 11 uncovered visitor parking spaces which require the approval of a warrant.
Each two-car garage will be equipped with two ceiling bicycle racks for long term bike storage. Six short-term visitor bicycle parking spaces are required and will be accommodated by three bike racks in a common area adjacent to the common mailboxes (Attachment V:Landscape Plans, sheet L3).
Green Building Components - All projects need to comply with the 2013 series of California Codes, which require the project to be solar ready and each garage to be built to accommodate electrical vehicle charging stations. The developer proposes a duel EV charging station located between the accessible space and a standard parking space amongst the 11 proposed visitor spaces. The project incorporates green building materials, finishes, and techniques in construction practices, so each condominium will be energy and water efficient and will provide a healthy environment for its residents. The construction of each condominium and building will include radiant-barrier roof sheathing, double-pane, and low-e windows. Units are designed to exceed Title 24 minimum standards. Water efficient plumbing and fixtures, and pre-plumbing graywater system will be installed. The interiors will be finished with low-emitting flooring, and environmentally preferable materials including cabinets, countertops, doors, and shelving. Zero-VOC interior paints and low-VOC caulks and adhesives will be used. All appliances and bathroom fans will be Energy Star rated. Sixty-five percent of construction material will be diverted from landfills. Fly ash will be incorporated in the concrete. All of the landscaped areas will have Bay Friendly landscaping. Bio-swales will be created to help retain rainwater runoff. All of the proposed green building components earn the project a Silver GreenPoint Rating with 103 points. (Projects achieving a minimum score of 50 points are considered GreenPoint Rated.)
Open Space - Projects within the MB-T4-2 General Urban Zone require that fifteen percent of building lot areas be designated as common open space. Private open space isn’t required by the Code; however, if a private frontage is provided, it must be eight feet deep. The developer proposes a combination of common and private pen space. A minimum of 100 square feet per unit is allocated toward group open space. Retention basins, landscaped bulb-outs, required landscaping or substandard sized landscaping are not allowed to be counted toward open space.
The common and private open space exceeds the minimum requirement of 7,000 square feet. The project provides a total of 9,030 square feet of common and private open space in yards and on balconies. Two common open space areas, totaling 7,200 square feet, are proposed. The first area is a paseo centrally located between Buildings 6 and 7 and is accessible by the interior walkways. This space will be improved with outdoor furniture along the paseo and fitness stations along the perimeter interior path. This common open space leads to the second common open space containing an outdoor kitchen/barbeque and picnic tables.
Veneklasen Associates completed an acoustical analysis to ensure that indoor or outdoor noise levels of each unit does not exceed the standards contained in Table HAZ-1of the City of Hayward General Plan 2040. Mitigation measures of the Mission Boulevard Corridor Specific Plan and the acoustical analysis are included in the recommended conditions of approval. These include sound attenuation features that are to be in accordance with the consultant’s and/or architect’s recommendations and be confirmed via actual readings prior to project finalization and/or Certificate of Occupancy on units. Included is a sound wall adjacent to the BART tracks which will mitigate outdoor noise levels in open space areas to less than 65 Ldn, compliant with the City’s noise standards for outdoor space (Attachment VII: Acoustical Analysis).
Transportation - A 0.2 mile (3 minute) walk from Dollar Place is located an AC Transit bus stop at Harder Road. Three bus routes are accommodated at this stop. Bus route 22 loops and runs along Mission Boulevard, Tennyson Road, and Hesperian Boulevard to Chabot College and Hayward BART every 30 minutes from 6:30 a.m. to 11:30 p.m. on weekdays and every hour from 7:00 a.m. to Midnight on weekends. Bus route 99 runs along Mission Boulevard every 20 minutes on weekdays and every 30 minutes on weekends and holidays, 5:00 a.m. to Midnight, and provides service between the Bayfair BART to Fremont BART stations. AC Transit bus route 801 is a one-year late night bus service pilot program which runs along Mission Boulevard every hour between midnight and 5:00 a.m. To inform and encourage public transportation, Dollar Place residences and visitors will be able to refer to the Transit Information Kiosk in the common area adjacent to the group mail and parcel boxes. The transit information will be maintained by the HOA as required in the attached recommended conditions of approval, Condition No. 142(u).
Traffic - The number of trips generated by the project is not expected to result in a significant impact to any of the nearby intersections or streets. The project is expected to generate approximately 18 weekday AM peak hour trips and 22 weekday PM peak hour trips. To better accommodate inbound project traffic and for improved traffic flow, the developer is required to install a left-turn pocket in the northbound direction on Dollar Street. In addition, it should be noted that the current land uses surrounding the project site are primarily industrial and automotive in nature. With the proposed change in land use to residential, four (4) street lights, two on each side of Dollar Street adjacent to the project, are required to provide better illumination and to enhance safety for all motorists, bicyclists and pedestrians.
Findings for approval of Site Plan Review - In order for Site Plan Review to be approved, the City Council must make the following findings. The Planning Commission shall recommend findings to the City Council. As indicated below, staff identifies reasons the findings can be made, and recommends that the Planning Commission recommend such findings to the City Council.
(1) The development is compatible with on-site and surrounding structures and uses and is an attractive addition to the City.
The proposed 42 townhome-style condominium development meets the City of Hayward Design Guidelines and the design requirements of the Hayward Mission Boulevard Corridor Specific Plan/Form Based Code. The development is compatible with adjacent commercial development located on Mission Boulevard and adjacent low and medium density residential to the west of the BART tracks and a 38 unit townhome-style condominium project under construction to the south at the corner of Dollar Street and Harder Road. The proposed development is Spanish design and is compatible in design and materials with the Mission design buildings common along Mission Boulevard and the adjacent 38 unit residential development. All developments have 4:12 roof pitch. Mission Boulevard Commercial and the adjacent 38 unit development have similar materials such as 4:12 pitch tile roofs, stucco earth tone finishes, and height. The proposed three-story development meets development standards including building configuration consisting of at least two stories with each story not exceeding 14 feet in height, and buildings not exceeding an overall height of 57 feet. In addition, the setbacks, parking placement and landscaping requirements are met.
(2) The development takes into consideration physical and environmental constraints.
The proposed 42 townhome-style condominium development takes into consideration the physical and environmental constraints in that appropriate structural design criteria and the California Building Code will be met to assure that the project can withstand an earthquake and to deal with potentially expansive soils. In addition, since the project is adjacent to BART, a noise study was completed and mitigation measures will be implemented in order to meet General Plan interior and exterior noise requirements.
(3) The development complies with the intent of City development policies and regulations.
The 42 townhome-style condominium development meets the density, setback standards, building configuration and common open space requirements of the Mission Boulevard Corridor Specific Plan/Form Based Code- S-T4-2 General Urban Zone. The project is consistent with the Mission Boulevard Corridor Specific Plan/Form Based Code purpose to assure that within neighborhoods, a range of housing types and price levels be provided to accommodate diverse ages and incomes.
The project is consistent with the existing General Plan designation and policies related to density and providing a variety of housing types, specifically:
Land Use Policy
LU-3.7 Infill Development in Neighborhoods: The City shall protect the pattern and character of existing neighborhoods by requiring new infill developments to have complimentary building forms and site features.
Housing Goal and Policies
Goal H-2 Assist in the provision of housing that meetmeets the needs of all socioeconomic segments of the community.
H-2.1 Homeownership Housing:
The City shall encourage the development of ownership housing and assist tenants to become homeowners to reach a 60 percent owner-occupancy rate, within the parameters of federal and state housing laws.
By requiring that the developer meet the provisions of the Affordable Housing Ordinance, the payment of an affordable housing impact fee is required. The fee is a contribution to the production of residential Units in Hayward that are affordable to very low, low and moderate-income households.
H-2.3 Inclusionary Housing
The City shall enforce the Inclusionary Housing Ordinance to ensure that a certain percentage of new residential units will be made affordable to lower- and moderate-income households.
(4) The development will be operated in a manner determined to be acceptable and compatible with surrounding development.
The 42 townhome-style condominium development will be constructed within the Bay Area Air Quality Management District’s (“BAAQMD”) Recommended Methods for Screening and Modeling Local Risks and Hazards and the project will be operate through the provisions of a Homeowners’ Association as required by the conditions of approval. This will assure that the property will be maintained and incompliance with the conditions of approval.
Parking and Roof Pitch Warrants - Pursuant to Code Section 10-25.510 (a)(i)(2), deviation from any provision of the Code followed by a “[W]” is eligible for consideration under a Warrant. A Warrant, which is an exception to the development standards approvable by the Planning Commission, is required to increase the amount of on-site parking from the maximum allowed 84 spaces to the proposed 95 spaces and to allow a roof pitch of 4:12 instead of the required slightly steeper minimum pitch of 5:12. In approving the Warrants, the Planning Commission may impose any reasonable conditions to ensure that the approval complies with the Findings listed below (except as limited by Section 10-25.135(b)).
Findings for approval of the Parking Warrant - In order for a Warrant to be approved, the City Council must make the following findings. The Planning Commission shall recommend findings to the City Council. As indicated below, staff identifies reasons the findings can be made, and recommends that the Planning Commission recommend such findings to the City Council.
(1) Policy Consistency. The Warrant is consistent with the General Plan and overall objectives of the Mission Boulevard Corridor Specific Plan.
Approval of the warrant is consistent with the Housing Element of the General Plan, Goal H-4, policy of H-4.1 Flexible Development Standards: The City shall review and adjust as appropriate residential development standards, regulations, ordinances, departmental processing procedures, and residential fees that are determined to be a constraint on the development of housing, particularly housing for lower- and moderate-income households and for persons with special needs.
(2) That the Warrant is justified by environmental features or site conditions; historic development patterns of the property or neighborhood; or the interest in promoting creativity and personal expression in site planning and development.
The project is equal-distant between South Hayward and Hayward BART stations justifying additional parking for visitors.
(3) That the Warrant would result in development that is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the same zoning district.
According to the City of Hayward Transportation Manager, providing 11 visitor parking spaces will not place a burden on local and arterial streets or on nearby intersections by creating excessive AM and PM peak hour trips. Additionally, providing visitor parking spaces on the development site will reduce the amount of parking associated with the development that occurs along Dollar Street.
(4) That the Warrant would not affect substantial compliance with the Mission Boulevard Corridor Specific Plan or grant a special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zoning district.
The provision of eleven additional parking spaces for visitor parking will result in additional street parking available to adjacent/nearby properties. Therefore, it will not place a burden on customers of businesses on adjacent properties. In addition, the granting of the Warrant would not grant special privilege since the Planning Commission approved a similar Warrant for 11 parking spaces for the adjacent 38-unit KB Home project.
Findings for approval of the Roof Pitch Warrant - In order for a Warrant to be approved, the City Council must make the following findings. The Planning Commission shall recommend findings to the City Council. As indicated below, staff identifies reasons the findings can be made, and recommends that the Planning Commission recommend such findings to the City Council.
(1) Policy Consistency. The Warrant is consistent with the General plan and overall objectives of this Code.
In that it is the intent of the General Plan and the Mission Boulevard Corridor Specific Plan to provide the opportunities for housing. The intent of the Code is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the community. A lower roof pitch of 4:12 does not conflict with the intent of the Code.
(2) Compatibility. The Warrant is justified by environmental features or site conditions; historic development patterns of the property or neighborhood; or the interest in promoting creativity and personal expression in site planning and development.
The proposed 4:12 roof pitch of the 42 townhome-style condominium development is compatible with the architecture of the adjacent 38 townhome-style condominium development under construction and with roofs of local residential and commercial buildings which have 4:12 roof pitch.
(3) No Adverse Impact. The Warrant would result in development that is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and in the same zoning district.
Allowing a smaller roof pitch will not be detrimental to the public health, safety, or welfare or injurious to the property or improvements in the vicinity since it will allow for the installation of solar panels.
(4) Special Privilege. The Warrant would not affect substantial compliance with this Code or grant a special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zoning district.
The majority of structures in the vicinity have been built with roof pitches of 4:12 or less. The roof pitch of 5:12 is not consistent with the development for this vicinity.
Specific Plan and Form-Based Code Amendment - The Thorough Fare Plan in the Hayward Mission Boulevard Corridor Specific Plan/Form-Based Code depicts a street and bike route passing through a 56-foot wide northern portion of the site from Dollar Street westward and terminating at the BART tracks. An amendment is required to be approved to modify the Thoroughfare Plan. Staff supports this amendment because the Bicycle Master Plan does not require a bike route to extend bicycle and pedestrian access over the BART tracks to Whitman Street, accessing Class III Bike Route. A Bike Route is accessible at the Dollar Street frontage. In addition, the deletion of the thoroughfare allows for additional housing to be provided and the resulting maximum Block perimeter distance would not exceed the 2,800 feet as required by the Code.
An amendment would modify Thoroughfare Plan maps and maps in Chapter 3: Regulating Plan; Chapter 4: Form-Based Code; Chapter 5: Infrastructure; and Chapter 6: Implementation Plan. Staff recommends removal of this thoroughfare segment from the Plan since it would dead-end at the BART tracks and does not make a connection to an existing roadway and bike route. In addition, the amendment would facilitate the construction of additional ownership housing. Also, only this development and that on the adjacent property to the north would benefit from such thoroughfare and residents/tenants of these sites have/will have direct access onto Dollar Street.
Findings for approval of the Amendment - In order for an Amendment to be approved, the City Council must make required findings. The Planning Commission shall recommend findings to the City Council. As indicated below, staff identifies reasons the findings can be made, and recommends that the Commission recommends such findings to the City Council.
(1) Substantial proof exists that the proposed change will promote the public health safety convenience and general welfare of the residents of Hayward not to impose a burden on City services.
The modification of the Thoroughfare Plan will not increase the need for City services since a 56-foot wide public right-of-way, including a street and bike path, will not be extended westward and additional City street maintenance will not be required. Dollar Street allows sufficient bike route access to bicyclists, street access to motorists and pedestrian access to public transportation. In addition, a dead-end street will create an area not visible from the street which may attract undesirable activities and possibly crime.
(2) The proposed change is in conformance with all applicable officially adopted policies and plans.
The modification to the Thoroughfare Plan will be in accordance with the City of Hayward Bicycle Master Plan (October 2007). The goal of the Master Plan is to provide the opportunity for safe, convenient and pleasant bicycle travel throughout all areas of Hayward. Objective 1.1 is To make the system of streets to accommodate bicycle use. The thoroughfare would not be a practical addition to the City’s street system since the road would terminate at an immovable physical obstruction; the BART tracks. The intent of both the Thoroughfare Plan and the Bicycle Master Plan are met by the proposed bicycle route that runs along Dollar Street in front of the project. In addition, approval of the text amendment would create opportunities for additional housing.
Furthermore, the Hayward Mission Boulevard Specific Plan/Form-Base Code allows Thoroughfares in different locations when it is found that the provisions Section 1-25.400, Standards and Tables, can be met. This requires that the perimeter of created “blocks” do not exceed 2800 feet. The removal of the thoroughfare will not create blocks that exceed the maximum perimeter distance.
(3) Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified.
Dollar Street provides adequate access to motorists, bicyclists, and pedestrians by allowing access to the street system, to bike paths and bike routes, and sidewalks that lead to public transportation. Staff has determined that the number of trips generated by the project is not expected to result in a significant impact to any of the nearby intersections or streets. Therefore, the thoroughfare to be removed from the Thoroughfare Plan is not needed to accommodate additional trips. In addition, the developer is required to install four street lights, two on each side of Dollar Street adjacent to the project, to provide better illumination and to enhance safety for all motorists, bicyclists and pedestrians.
(4) All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
Removal of the thoroughfare will facilitate the construction of the project as proposed. The residential use is compatible with existing residential and commercial uses, and is consistent with future uses allowed by the Hayward Mission Boulevard Form-Based Code with in the MB-T4-2, General Urban Zone. A beneficial effect which would not be obtainable under the existing regulation is that dwelling units will be available allowing additional opportunities for homeownership.
(5) Section 10-25.275 h (iii) of the Hayward Mission Boulevard Corridor Form-Based Code permits the City Council to authorize New Thoroughfares in locations different from those depicted in the Form Based Code when it finds that the resulting Block perimeter distance would not be exceeded either by the current development or foreseeable future development proposals.
The resulting block (lots that contain the buildings within the proposed development) will not exceed the maximum perimeter distance of 2,800 feet as required by the Hayward Mission Boulevard Corridor Form-Based Code.
Vesting Tentative Tract Map 8301 - The proposed subdivision creates eleven parcels for thirty-eight townhomes and four common areas on approximately 2.3 acres of land. The Homeowners’ Association will own and maintain common parcels, building exteriors, landscaping, exterior lighting, utilities and outdoor amenities. A vesting tentative tract map is being processed with this site plan review to create individual parcels of land onto which each residential unit will be constructed and sold individually. If the vesting tentative map is approved, a final map and improvement plans will be submitted to the City for review and the City Engineer must find that the improvement plans and final map are in substantial compliance with the approved vesting tentative map and recommend to the City Council for approval of Final Map 8301 for recordation with the Alameda County Recorder’s Office. The developer will enter into a Subdivision Agreement and post bonds with the City prior to commencing any construction activities. The developer is proposing a vesting tentative map so that the developer gains, for a period of three years after the date of approval or conditional approval, the right to proceed with the proposed development in substantial compliance with the ordinances, policies, and standards in effect on the date the vesting tentative map application was deemed complete, which was January 13, 2016.
The private street will be constructed to the same standards as a public street and have a minimum of twenty-one to twenty-six foot travel lane measured from face of curb to face of curb and a twenty-six foot to thirty-two-foot fire apparatus access road. The proposed private street right-of-way is adequate for circulation and meets the Fire Department accessibility requirements. The private street shall be designated as a fire lane and no parking will be allowed except in the designated eleven uncovered off-street parking areas within the development. Fire lane signage shall be installed to the satisfaction of the Fire Chief and City Engineer.
Existing improvements along Dollar Street property frontage will be repaired as necessary. New curb, gutter and sidewalk will be constructed within the development site and on Dollar Street. Dollar Street right-of-way improvements include installation of four LED light standards.
The existing utilities in the project vicinity, including sanitary sewer, water and storm drain systems, have sufficient capacity to adequately serve the proposed development. On-site sewer and water utilities will be installed within the new public utility easements within the project site and connected to existing utilities in. Sanitary sewer and water mains will be publicly owned and maintained by the City. The proposed on-site storm drainage system will be connected to an existing catch basin system within the City right-of-way and will be privately owned and maintained by the HOA, including Cleanwater treatment. Any existing overhead utility lines as well as any new utility lines will be required to be placed underground as part of the site improvements.
Home Owner Association and CC&Rs The formation of a Homeowners’ Association (HOA) and the creation of the Covenants, Conditions and Restrictions (CC&R’s) will be required so that the HOA will be responsible for maintaining all building exteriors, private streets, private street lights, private utilities, and other privately owned common areas and facilities on the site, including, but not limited to, clean water treatment facilities, landscaping, preservation and replacement of trees, as well as decorative paving. For any necessary repairs performed by the City in locations under the on-site decorative paved areas, the City shall not be responsible for the replacement cost of the decorative paving. The replacement cost shall be borne by the HOA established to maintain the common areas within the association boundary. The common area landscaping includes all areas except the private yards. The CC&R’s will also contain a standard condition that if the HOA fails to maintain the common areas, private streets, lights and utilities, the City of Hayward will have the right to enter the subdivision and perform the necessary work to maintain these areas and lien the properties for their proportionate share of the costs.
Findings for the Vesting Tentative Tract Map - In order for a Vesting Tentative Tract Map to be approved, the Planning Commission must make the following findings. Staff’s responses to the finding are below:
(1) That the proposed map is consistent with applicable general and specific plans as specified in Section 64541 of the Subdivision Map Act. [Subdivision Map Act §66474(a)]
The approval of Vesting Tentative Map Tract 8301 as conditioned, substantially conforms to the State Subdivision Map Act, the City’s Subdivision Regulations, the General Plan and Specific Plan (Hayward Mission Boulevard Form Based Code).
(2) That the design or improvement of the proposed subdivision is consistent with applicable general plan and specific plans. [Subdivision Map Act §66474(b)]
The proposed subdivision, as demonstrate by the aforementioned analysis, is of a design consistent with the City’s General Plan and the Hayward Mission Boulevard Corridor Specific Plan.
The vesting tentative tract map, as conditioned, substantially conforms to the State Subdivision Map Act, the City’s Subdivision Regulations, and the General Plan.
(3) That the site is physically suitable for the type of development. Subdivision Map Act §66474(c)]
The preliminary geotechnical investigation performed by ENGEO Incorporated (dated September 10, 2015 and revised September 18, 2015) demonstrates that the proposed residential development is feasible and the proposed subdivision would occur on a site suitable for the proposed development with the recommendation that specific measures be reviewed and implemented to mitigate impacts from expansive soils, to be overseen by the project geotechnical engineer. The site provides sufficient lane widths and ingress/egress points, pedestrian facilities and infrastructure locations, such as water and sewer lines, storm drains and stormwater treatment areas, to support the number of units being proposed (Attachment VIII: Geotechnical Investigation).
(4) That the site is physically suitable for the proposed density of development. [Subdivision Map Act §66474(d)]
The preliminary geotechnical investigation performed by ENGEO Incorporated (dated September 10, 2015 and revised September 18, 2015) demonstrates that the proposed residential development is feasible and the proposed subdivision would occur on a site suitable for the proposed development with the recommendation that a design level geotechnical investigation be conducted prior to construction to review the geotechnical aspects of the project. Density is not a factor that makes the site suitable or less suitable for development.
According to the Public Works Transportation and Engineering Division, the project would not result in significant impacts to traffic since it would not generate sufficient traffic to cause nearby intersections to operate at an unacceptable level of service, nor would it create any issues with safe ingress and egress from the site.
(5) That the design of this infill project and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. [Subdivision Map Act §66474(e)]
The approval of Vesting Tentative Tract Map, as conditioned, will have no significant impact on the environment, cumulative or otherwise. Pursuant to the guidelines of the California Environmental Quality Act (CEQA) Section 15332: In-Fill Development, this in-fill development demonstrates that substantial adverse environmental damage, including to fish or wildlife and their habitat, would not result from the proposed subdivision.
(6) That the design of the subdivision or type of improvements are not likely to cause serious public health problems. [Subdivision Map Act §66474(f)]
Adequate capacity exists to provide sanitary sewer service to the Project site. There are no other aspects of the Project with the potential to cause serious public health problems.
(7) That the design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. [Subdivision Map Act §66474(g)]
There is an Alameda County Flood Control Easement which is adequately accommodated by the site design. Upon completion of the proposed improvements, the streets and utilities would be adequate to serve the project. New public easements are to be offered for dedication as necessary.
ENVIRONMENTAL REVIEW
Staff reviewed the project and has determined that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15332: In-Fill Development Projects. The project meets the conditions as described in the exemption section: It is consistent with the General Plan Designation of Sustainable Mixed Use and General Plan policies. The project occurs within the City limits and the project site of 2.3 acres is no more than five acres and is substantially surrounded with urban areas. The project site has no value as a habitat for endangered, rare or threatened species since the site is developed with warehouses and is paved. Approval of the project would not result in any significant effects related to traffic, noise, air quality or water quality since the site is adequately served by all required utilities and public services. Geotechnical and noise impact analyses were performed, along with recommended mitigation measures, as mentioned previously in this report.
PUBLIC OUTREACH
On October 2, 2015, a Notice of Preliminary Meeting with the applicant was sent to every property owner and occupant within 300 feet of the subject site, as noted on the latest assessor’s records. Notice was also provided to the Hayward Area Recreation District, Hayward Unified School District and Alameda County Flood Control and Water Conservation District among other agencies.
The preliminary meeting was held on October 22, 2015, that was attended by staff and the developer, the project architect and Todd Arthur Bridges representing the Bridges Family Trust which owns a property located to the north at 25711 Dollar Street. Mr. Bridge indicated support of the project.
On March 11, 2016, a Notice of this Public Hearing for the Planning Commission meeting was mailed to every property owner and occupant within 300 feet of the subject site, as noted on the latest assessor’s records. As of the writing of this report, staff had not received additional comments.
NEXT STEPS
Following the Planning Commission hearing, if the Planning Commission recommends approval, the City Council is required to hear the item. If conditionally approved by the City Council, the applicant will be required to incorporate project conditions of approval and submit a Final Map and Improvement Plans for staff review, with the City Council to approve the Final Map. Grading and building permit applications will then be processed and permits issued to allow for construction of the tract improvements and townhome- style condominiums.
Staff contact
Prepared by: Arlynne J. Camire, AICP, Associate Planner
Approved by:
Sara Buizer, AICP, Planning Manager
David Rizk, AICP
Development Services Director
Attachments:
Attachment I Area and Zoning Map
Attachment II Recommended Conditions of Approval
Attachment III Thoroughfare Plan Figures 4-2 and 4-3
Attachment IV Project Floor Plans and Elevations
Attachment V Landscape Plans
Attachment VI Vesting Tentative Tract Map 8301 and Civil Plans
Attachment VII Acoustical Analysis by Veneklasen Associates
Attachment VIII Preliminary Geotechnical Report by ENGEO
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