DATE: July 5, 2016
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Recommended Approval and Necessary Actions of Proposed Zone Change from Single-Family Residential to Medium Density Residential at 619 Shepherd Avenue to Allow the Potential for Up to Two Additional Dwelling Units on a 0.21 acre site; Thinh Duc Nguyen (Owner/Applicant)
Recommendation
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment I) and introduces the attached ordinance (Attachment II) approving the Zone Change Application (No. PL2016-01906) rezoning the property from Single Family Residential (RS) to RM Medium Density Residential (RM) to allow for up to two additional dwelling units at 619 Shepherd Avenue; utilizing the General Plan Program Environmental Impact Report.
Body
SUMMARY
The subject request is to rezone the subject site from Single Family Residential to Medium Density Residential to allow the potential for up to two additional dwelling units on an approximately 0.21-acre site. Staff supports the application request because the proposed zone change is consistent with the density of the General Plan Land Use Designation of Medium Density Residential and will allow for additional inventory to the City’ housing stock, consistent with General Plan policies.
BACKGROUND
The subject site is approximately 9,240 square feet and rectangular in shape. It has a General Plan Land Use Designation of Medium Density Residential, which allows a density of 8.7 to 17.0 dwelling units per acre, including single-family detached, attached, and multi-family dwellings. The neighborhood is a mix of single-family, multi-family, and apartment buildings along Shepherd Avenue. The predominant zoning on the block is Medium Density Residential, with a few remaining lots zoned Single-Family Residential. To the rear of the site is Tyrell Elementary School.
Planning Commission: On June 23, 2016, the Planning Commission <https://hayward.legistar.com/LegislationDetail.aspx?ID=2763249&GUID=16C6D5C6-9C75-4577-B8D2-28C42B6EE5E4> held a public hearing on the proposed project and voted 5-0 (2 absent) to recommend approval of the project, per staff recommendation. There was no one from the public who spoke on the proposal. The applicant was in the audience. The Commission asked a few clarifying questions of staff before the Commission voted to recommend approval of the project per staff’s recommendation. Attachment IV is the Commission meeting minutes.
DISCUSSION AND STAFF ANALYSIS
Project Description - The subject site is approximately 9,200 square feet in size, and is 70 feet wide by 131 feet deep. In the RM zoning district, all types of residential dwellings are permitted as a primary use, including single-family, multi-family, condominium and townhomes.
The development standards that come in to play when determining what type and how many residential units can be constructed on a lot are minimum lot size, and minimum lot area per dwelling unit. To allow for a second detached single-family dwelling, a minimum of 10,000 square feet of lot area is required. The subject site is approximately 9,200 square feet and therefore, an additional detached single-family dwelling is not allowed with either the current zoning district of RS, or the proposed zoning district of RM. The subject lot has a lot frontage to lot depth ratio of less than 1:2, which, per the RM zoning district, would require a minimum of 2,500 square feet of lot area per dwelling unit. Based on the lot size of 9,200 square feet, up to three units could be constructed, two of which would need to be attached.
Site Plan Review - If the zone change is approved, any proposal to construct additional units on the site would be subject to Site Plan Review to ensure that the design of the new development meets all applicable regulations and guidelines. Potential development scenarios could allow up to three units total on the lot. Any development proposal would need to provide open space and on-site parking for all units.
Environmental Review: It has been determined that the zone change application is covered under the Program Environmental Impact Report completed for the Hayward 2040 General Plan, which was completed in compliance with the California Environmental Quality Act (CEQA) per City Council Resolution 14-108, adopted on July 1, 2014.
SUSTAINABILITY FEATURES
The subject zone change, if approved, will allow for the potential of up to two additional dwelling units on the site. Any future development proposed for the site will be required to meet or exceed the City’s policies and regulations related to the various sustainability efforts, including but not limited to:
Energy - Electricity/natural gas/other fossil fuels
Water - Efficiency and conservation
Air - Air emissions of pollutants
Solid Waste - Waste reduction and diversion
Transportation - Consistent with the City’s Complete Streets Policy
ECONOMIC IMPACT
The subject rezoning will allow the potential for up to two additional dwelling units on the site and introduce new residents to the area who will contribute to the local economy. Development of additional dwelling units will also increase the value of the existing property and have a beneficial impact on the surrounding residential property values in this older neighborhood.
FISCAL IMPACT
The rezone itself will have no fiscal impact and the development of up to two additional units will have little fiscal impact to the General Fund.
PUBLIC NOTICE
On, June 24, 2016, 113 notices for this public hearing were set to all residents and property owners within a 300-foot radius of the project site. In addition, notice of this public hearing was published in The Daily Review newspaper on June 24, 2016. Staff has not received responses to such notices.
NEXT STEPS
Should the Council take action to approve the project by adopting the attached resolution and introducing the attached ordinance, the ordinance will be presented to the City Council at the next available meeting on July 19 for a second reading and adoption. Once the ordinance is effective, the applicant can submit an application for Site Plan Review for additional unit(s) and staff will review it against applicable policies and regulations in place at the time of submittal.
Staff contact
Prepared by: Jeannie Hamilton, AICP, Associate Planner
Reviewed by: Sara Buizer, AICP, Planning Manager
Recommended by: David Rizk, AICP, Development Services Director
Approved by:
____________________
Fran David, City Manager
Attachments:
Attachment I Draft Resolution
Attachment II Draft Ordinance
Attachment III Area and Existing/Proposed Zoning Map
Attachment IV Planning Commission Meeting Minutes, 6/23/26