DATE: March 24, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Proposed construction of sixteen attached single-family townhome-style condominiums located at 24755 O’Neil Avenue, requiring Site Plan Review, a Warrant to exceed the fence height standard for a proposed wall adjacent to the BART right-of-way, and approval of a Tentative Condominium Tract Map 8289 - Cypress Group, Tim Henderson (Applicant and Owner)
Recommendation
RECOMMENDATION
That the Planning Commission approve the proposed project, including approval of the Site Plan Review, Warrant to fence height, and the Tentative Condominium Tract Map 8289 applications (#201504016) to construct sixteen attached single-family townhome style condominiums, subject to the findings in this report and attached Conditions of Approval (Attachment III).
Body
SUMMARY
The applicant has requested approval of the Site Plan Review and Warrant applications, and the Tentative Condominium Tract Map to construct 16 single-family attached units at 24755 O’Neil Avenue. The proposed new in-fill development will replace a blighted vacant site with new, three-story homes, thus strengthening the residential presence along the western side of O’Neil Avenue in this neighborhood. The proposed density of 20 dwelling units per acre is consistent with the allowable density of the zoning district, which is 17.5 -35 dwelling units per acre. The units are well designed with a tandem garage for each unit and are situated between a small lot single-family and an attached townhome development. The proposed project, with the exception of the fence height along the BART right-of-way, is consistent with the Mission Boulevard Corridor Form Based Zoning Code provisions.
BACKGROUND
The project site is located along the western side of O’Neil Avenue just north of Orchard Avenue adjacent to the BART right-of-way. The applicant, Cypress Group, represented by Tim Henderson, submitted an application for Site Plan Review and an associated Tentative Condominium Tract Map on August 31, 2015. The subject site is located within the T4-1 District of the Mission Boulevard Corridor Form Base Code Zoning.
DISCUSSION AND STAFF ANALYSIS
Project Description
The project site is an infill site of approximately 0.79 acres. Land uses immediately bordering the site include small lot single-family homes to the south, attached single-family homes to the north, the BART right-of-way to the west, and an open inventory car lot to the east across O’Neil Avenue. The remainder of O’Neil Avenue between Orchard and Sycamore Avenues includes single-family detached homes, some residual industrial uses, and multi-family complexes. Mission Boulevard is one block east of O’Neil Avenue.
The project requires Site Plan Review to ensure consistency with the provisions of the T4-1 zoning regulations in the Mission Boulevard Corridor Form Based Zoning Code, as well as a Warrant to the fence height limitation of 8 feet along the BART right-of-way. The project also requires the approval of a Tentative Condominium Map for future ownership parcels.
Site Plan
The subject site is rectangular in shape and measures approximately 124 feet wide by 280 feet deep. The proposed site plan for 16 single-family attached dwellings is designed with a central private drive with a hammerhead at the end. The two units along O’Neil Avenue have been designed with pedestrian access off of O’Neil, giving the development visual presence along the public street. These two units will also serve as the accessible units required per ADA requirements.
The proposed private drive is designed with a 26-foot wide clearance, consistent with the Fire Department minimum accessibility requirements. The hammerhead will serve as a fire truck turnaround as required due to the depth of the overall development beyond 150 feet. The private street is to be designated as a fire lane and no parking will be allowed on either side. Fire lane signage will be installed on the private drive and curbs will be painted red as directed by the Fire Chief and City Engineer. Full frontage improvements, including curb, gutter and sidewalk, will be installed along O’Neil Avenue.
The proposed site plan consists of six buildings total, four with three units and two with two units each. Five private common open space areas have been placed throughout the site in between and at the end of buildings consistent with the zoning requirement. The units have been designed with two-car tandem garages with access directly off the private drive consistent with the maximum allowed two spaces per unit for residential condominiums. Public on-street parking is available along O’Neil Avenue.
The proposed setback from O’Neil Avenue of 7.5 feet, with the porch encroaching no more than 50% into said setback, is consistent with the provisions of the T4-1 zoning district. Public street improvements will continue the sidewalk from either side and incorporate the street tree planting within the front setback landscape area. The setbacks along the perimeter of the site range from 5 to 7 feet at the sides and 5 to10 feet at the rear along the BART right-of-way, all consistent with the T4-1 zoning provisions.
As indicated above, along O’Neil Avenue the two units have been designed to orient out towards O’Neil, occupying 63% of the project frontage, exceeding the required 60% frontage buildout. The project as proposed is consistent with all the applicable development standards of the T4-1 zoning district with the exception of the fence height at the BART right-of-way. The applicant has requested a Warrant from said regulation.
Open Space
The Hayward Mission Boulevard Form Base Code requires that all developments in the T4-1 zone provide at least 15% of the lot area as Common Open Space. The subject site requires that 5,215 square feet be devoted to common open space. The site layout includes five common open space areas distributed through the site in between buildings and at the end, for a total of 5,240 square feet The design of the open spaces includes amenities such as BBQ, benches, turf areas, and dry creek beds. The dry creek beds will also serve as bioretention areas during the rainy season.
In addition to the common open space areas, each unit is afforded a small patio size area to the rear of the units ranging from 125 square feet to 330 square feet. Several of the units also have small front porch elements available for their private use.
Architectural Design and Floor Plans
The proposed buildings have been designed as three stories with living space on all three floors in addition to the tandem garage at ground level. The unit size ranges between 2,000 and 2,124 square feet and contain four bedrooms and four full bathrooms, with one of the bed/bathrooms on the ground floor. The main living area and additional bedrooms are on the 2nd and 3rd floors. Each unit has been designed with an electrical vehicle panel connection in the garage for future residents, and the units are required to be designed to accept solar panels in the future should the residents want to install them.
The architecture of the buildings is reflective of the Arts and Craft architectural style with a mix of horizontal, vertical and shingle siding appropriately placed. A stone base wraps the buildings on three sides, enhancing the overall design. In response to staff comments that the originally submitted design lacked architectural details and appeared visually massive, the architect refined the design to include details at the third floor, thus reducing the apparent mass of the buildings and including a mix of detail and materials to enhance the overall look of the project.
Warrant from Fence Height Regulation along BART
Section 10-25.255 (a) (i) of the Mission Boulevard Corridor Form Based Code provides for a maximum height of 8 feet for a fence along the BART tracks. Based on a “Noise and Vibration Study for the O’Neil Place Single-family Development” completed for the project by Edward L. Pack Associates, Inc. dated May 20, 2015, a 14 foot high acoustically-effective barrier along the westerly shared property line with the BART tracks is recommended to reduce the exterior noise levels to 57 dB DNL. The proposed height at 14 feet will also connect with the 14 foot high noise barrier that currently exists at the adjacent two residential developments to the north and south of the project.
In order for a Warrant to be approved, the Planning Commission must make four findings (Section 10-25.510 (c) (i) (1-4). Staff’s affirmative responses to the findings are stated below.
1. The Warrant is consistent with the General Plan and overall objectives of the Mission Boulevard Form Based Code. General Plan policy HAZ-8.5 states that the maximum acceptable exterior noise level for the primary open space area of townhomes and multi-family apartments or condominiums (private rear yards for townhomes; and common courtyards, roof gardens, or gathering spaces for multi-family projects) shall be an Ldn of 65 dB. Per General Plan policy HAZ-8.2, a Noise Study and Mitigation was prepared and a noise barrier at 14 feet is recommended, which will reduce the noise level to 57 Ldn for the exterior areas at the rear of units 13-16 and the common open space area along the BART tracks.
2. 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 in that the existing adjacent residential developments to the north and south of the subject site have existing 14 foot noise barriers along their western property lines. The proposed 14 foot wall would allow a seamless connection to the existing fencing along the BART tracks.
3. 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 in that the proposed barrier, whose height requires the Warrant, is along the rear of the development designed and intended to protect the immediate residents from excessive noise from BART and other rail lines.
4. 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 in that similar to other properties along the BART tracks, a noise barrier greater than the allowed 8 feet has been allowed and this taller noise barrier does not prevent the development from being designed to meet all other applicable zoning provisions of the T4-1 zoning district.
Findings for Site Plan Approval
In order for a Site Plan Review to be approved, Planning Commission must make five findings. Staff’s affirmative responses to the findings are stated below.
1. Approval of Site Plan Review No. 201504016 authorizes the development of 16 single-family attached units on 0.79 acres. This project is exempt from the provisions of California Environmental Quality Act pursuant to Section 15332, Class 32 (b), In-Fill Development.
2. The development is compatible with on-site and surrounding structures and uses and is an attractive addition to the City.
The development provides an attractive in-fill housing option in an area undergoing transformation. The three story craftsman architectural design is consistent with the height of the adjacent development to the north and introduces a unique development within an existing neighborhood in transition.
3. The development takes into consideration physical and environmental constraints.
The narrow long site supports the double loaded development pattern off a private drive designed for fire access consistent with the City’s requirements. The height of the wall along the BART tracks has been designed to address potential noise impacts.
4. The development complies with the intent of City development policies and regulations.
General Plan policy LU 2.17 states that “The City shall maintain and implement the Mission Boulevard Specific Plan to guide and regulate development within the Mission Boulevard Mixed-Use Corridor.” The Mission Boulevard Corridor Specific Plan includes the goal of promoting infill development that is compatible with the overall character of the surrounding neighborhood. The proposed infill site presents a development within the density ranges of other residential development along the block, and is designed to blend with the mix of architectural styles already in the area.
General Plan policy LU-3.6: Residential Design Strategies, encourages residential developments to incorporate design features that encourage walking within neighborhoods. Included as a suggested design features are: (1) orienting homes, townhomes, and apartment and condominium buildings toward streets or public spaces, (2) locating garages for homes and townhomes along rear alleys (if available) or behind or to the side of the front facade of the home, (3) enhancing the front facade of homes, townhomes, and apartment and condominium buildings with porches, stoops, balconies, and/or front patio, and (4) ensuring that windows are provided on facades that front streets or public spaces. Within the proposed development, the front units are oriented toward O’Neil Street with front porches for each unit with window placement on all three floors facing the street. The garages for the front units are placed to the sides, eliminating garage frontages along O’Neil.
The proposed development also complies with the applicable Zoning Ordinance and the City’s design guidelines, with the exception of the fence height along BART (see Warrant findings above).
5. The development will be operated in a manner determined to be acceptable and compatible with surrounding development.
As conditioned, the property will be managed by a homeowner’s association governed by Conditions, Covenants & Restrictions that will help ensure the development will be operated in a manner to be compatible with surrounding properties.
Findings for Tentative Tract Map 8244
A tentative condominium tract map application is being processed with the proposal to create 16 condominium units. If the tentative map application is approved, a final map will be processed and recorded, improvement plans submitted and a subdivision agreement entered into with the developer.
In order for a Tentative Condominium Tract Map to be approved, the Planning Commission must make seven findings. Staff’s responses to making the findings 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 tentative condominium tract map, as conditioned, substantially conforms to the State Subdivision Map Act, the City’s Subdivision Regulations, and the General Plan. The proposed development is also consistent with the Mission Boulevard Corridor Specific Plan and Form-Based Code at a density of 20 dwelling units per acre, within the required density of 17.5-35 dwelling units per acre.
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 demonstrated by the findings associated with the Site Plan Review Application, is of a design consistent with the City’s General Plan and the Mission Boulevard Corridor Specific Plan in that this infill development is compatible with the overall character of the surrounding neighborhood, the proposed project represents an infill development within the density ranges of other residential development along the block, and the development blends with the mix of architectural styles and building massing that exists in the area. Additionally, the proposed development is consistent for the General Plan land use policies in that it presents a design supporting a strong street presence by orienting the front units to the street, eliminating garage facades along the street, and placing windows on all three levels of the front building elevations, creating a connection to O’Neil Avenue.
3. That the site is physically suitable for the type of development. Subdivision Map Act §66474(c)]
The subject site is suitable for an attached single-family residential development that complies with the parking, setbacks, and open space as required by the applicable zoning regulations. All required utilities will be accommodated on site as required by City ordinance.
4. That the site is physically suitable for the proposed density of development. [Subdivision Map Act §66474(d)]
The subject site supports the proposed density of 20 dwelling units per acre which falls within the allowed density of 17.5-35 dwelling units per acre.
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 Tentative Condominium Map Tract 8289, as conditioned, will have no significant impact on the environment, cumulative or otherwise. The subject project has been found to be exempt from the provisions of California Environmental Quality Act pursuant to Section 15332, Class 32 (b), In-Fill Development.
6. That the design of the subdivision and 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 are no existing public easements within the boundary of the proposed subdivision, nor are any easements necessary. 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
The subject proposal to develop 16 single-family attached units on 0.79 acres on an in-fill site is exempt from the provisions of California Environmental Quality Act pursuant to Section 15332, Class 32 (b), In-Fill Development. As noted previously, a sound barrier is proposed as part of the project to ensure noise exposure in outdoor areas will be compliant with City standards.
PUBLIC OUTREACH
On September 4, 2015, an Official Notice of Receipt of Application was sent to every property owner and occupant within 300 feet of the subject site, as noted on the latest assessor’s records. Staff did not receive any comments or interest as a result of the Receipt of Application notice.
On March 14, 2016, an Official Notice of this public hearing was sent to every property owner and occupant within 300 feet of the subject site, as noted on the latest assessor’s records. On March 12, 2016 a legal ad for the public hearing was placed in The Daily Review.
NEXT STEPS
The Planning Commission decision begins a 10-day appeal period, where an aggrieved party may appeal the Commission’s action to the City Council (or item can be called-up to Council by a Council member), which would expire at 5:00 p.m. on April 4, 2016.
Staff contact
Prepared by: Jeannie Hamilton, AICP, Associate Planner
Approved by:
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Sara Buizer, AICP
Planning Manager
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David Rizk, AICP
Development Services Director
Attachments:
Attachment I Area and Zoning Map
Attachment II Aerial
Attachment III Conditions of Approval
Attachment IV Plans