DATE: February 11, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Proposed Subdivision and Construction of Ninety-Seven Single-family Homes and Related Site Improvements on Multiple Parcels Located at the Southwestern Corner of 2nd and Walpert Streets Requiring Zone Change from Low, Medium and High Density Residential and Open Space Districts to Planned Development (PD) District and Approval of Vesting Tentative Map (Tract 8233) for Ward Creek Cottages Subdivision (Application No. 201400648). (Applicant: AMG Associates; Owners: Caltrans and City of Hayward).
Recommendation
RECOMMENDATION
That the Planning Commission recommends the City Council approve the proposed Zone Change and Vesting Tentative Map to construct ninety-seven small-lot single-family homes, and adopt the Initial Study and Mitigated Negative Declaration <http://user.govoutreach.com/hayward/faq.php?cid=11037> prepared for the project, subject to the Findings in this report and the attached Conditions of Approval.
Body
SUMMARY
The proposed development would merge five different parcels, which are zoned Low, Medium and High Density Residential District and Open Space District under one Planned Development (PD) District zoning designation in order to develop a compact small-lot single-family neighborhood that meets the High, Medium and Low Density Residential General Plan densities for the site and avoids placing development on approximately four and one-half acres of environmentally sensitive land adjacent to Ward Creek.
The proposed elevations are well-designed with varied materials, colors and architectural features and enhanced street-facing elevations. The development would include a variety of developed and undeveloped open spaces, pedestrian pathways and trails connecting the development to the surrounding neighborhood among other amenities to support the required PD District Findings, described in detail below. A digital fly through of the proposed project is available at <https://drive.google.com/file/d/0B6eBKb63EBJHWThjMk0yOGhPZDA/view?usp=sharing>.
BACKGROUND
The proposed project consists of five separate parcels totaling about fifteen acres. The site is primarily vacant and has remained generally unchanged since its annexation to the City in the early 1960s. Caltrans owns two of the subject parcels (APNs. 445-0040-011-03 and 445-0050-001-11) that are located at the northeastern portion of the site and total about 10.68 acres. The Caltrans-owned parcels are currently zoned Medium Density Residential and High Density Residential District. The City-owned parcels (APNs 445-0050-010-01, 445-0050-019-00, and 445-0050-018-00) are located on the southwestern portion of the site total about 4.41 aces. The City-owned parcels are zoned Low Density Residential and Special Design Overlay (SD-7) District requiring development of a continuous trail along properties that were purchased by the State of California for the Hayward Foothills Freeway Project.
On December 1, 2015, the City Council adopted a resolution authorizing the City Manager to negotiate and execute the Agreement for Purchase and Sale of Real Property for the city-owned parcels, contingent upon approval of the proposed entitlements.
DISCUSSION AND STAFF ANALYSIS
Existing Setting - The project site is characterized by vacant rolling hills that slope westerly toward Ward Creek with an approximate sixty foot elevation drop from the highest corner of the project (at 2nd and Walpert streets) to the lowest portion of the project (at the southwestern project boundary near Ward Creek). The majority of trees on the site are located adjacent to Ward Creek with a few groupings of trees scattered across the site. The site is primarily vacant except for three single-family and duplex homes, one of which (1277-1279 Walpert Street) would be demolished as a result of the proposed project. The two other single-family homes are located along 2nd Street (24249 2nd Street and 24275 2nd Street) and were included in the environmental analysis because they are part of the Caltrans land sale; however, they are not part of the Rezoning or Vesting Tentative Map application. At this time, the developer is planning to rehabilitate and sell or rent the existing homes along 2nd Street.
The site is bordered by Hayward High School across 2nd Street to the north, Ward Creek to the south, and a mix of single and multi-family residential development to the east and west (across Walpert Street). A City of Hayward pump station and two water storage tanks on Walpert Street are located just west of the site. Memorial Park and the regional Wally Wickander trail run along the southwestern boundary of the site. Ward Park and trail can be accessed from 2nd Street and user trails from the project site.
Project Description - The proposed project includes a request for zone change to PD District to create a consistent development pattern across the site. Rather than develop to the applicable lot standards per the zoning district (ranging from High Density to Low Density across the site), the proposed PD District would provide flexibility needed to cluster the development in the least-sloped, less sensitive areas of the site and to pull development away from the lowest density, most environmentally sensitive areas nearest Ward Creek.
The proposed project site is an identified Housing Opportunity Site in the City’s General Plan Housing Element Residential Sites Inventory (Figure B-6 and Table B-5, Route 238 Study Area Sites Inventory). The Housing Element Inventory was approved by the State Department of Housing and Community Development in part because it showed that the City has adequate land at appropriate densities to accommodate the City’s identified regional housing need. According to Housing Element Goal 3, new development should be constructed at appropriate densities that maximize the intended use of the land. As proposed, the project is clustered to meet required General Plan densities. Specifically, the areas located within the High Density Residential General Plan land use designation would be developed at 17.6 units per net acre; the area located in the Medium Density Residential General Plan land use designation would be developed at about 11 units per net acre and the area located within the Low Density Residential General Plan land use designation would be developed at about 4.3 units per net acre. Thus the proposed rezoning to PD District to allow flexibility in the neighborhood layout would be consistent with the General Plan densities and would not have a negative impact on the City’s ability to meet its share of the regional housing need.
The proposed project also includes a Vesting Tentative Map to subdivide the site into ninety-seven single-family lots with roadways, trails and a variety of developed and undeveloped open spaces.
Site Plan and Circulation - The proposed detached single-family lots would range in size from approximately 1,596 square feet to 2,015 square feet with setbacks that range from about three feet on the sides to five feet in the front and rear. Lots would be granted exclusive side yard easements on the adjacent lot to provide for a six and a half foot wide exclusive side yards, thus maximizing usable private outdoor space (see further discussion under Open Space below). Homes would front pedestrian paseos, the central neighborhood green, roadways and other interior landscaped areas with rear-loaded garages accessed from private shared driveways and alleys.
Access to the site would be provided by Street A, a thirty-five and one half foot roadway, running from Walpert Street to 2nd Street. The Walpert Street entrance would allow right and left turn movements; however, the 2nd Street access would only allow right in/right out movements due to grade changes and sight distance issues. Proposed Street A would have two-way traffic aisles, parking and an eleven and a half foot wide public trail composed of concrete and decomposed granite interspersed with trees on one side of the street. Street B would have two-way traffic aisles, parking and a four and one-half foot wide sidewalk on one side of the roadway, and a hammerhead turn around for Fire Department access. Alleys providing access to rear garages would be twenty feet in width. Street and alley sections with dimensions are provided on page TM-3 of Project Plans (Attachment II).
A proposed public trail would run through the development along Street A, and is intended to meet the requirements of the SD-7 District overlay. While the SD-7 District guidelines call for a sixteen foot wide trail, staff believes that the proposed eleven and one-half feet wide trail is more appropriately scaled for the proposed development. A wider trail would feel out of scale with the small lot single-family neighborhood surrounding it and would push residential development into more steeply sloped areas of the site. As proposed, the trail is designed to accommodate multiple users and would provide a well-designed, highly visible pathway that is integrated into the site. In addition to the public trail that would run through the development, a series of decorative pedestrian pathways would link homes to the large central green space as well as internal pedestrian trails and pathways circulating through the site (see Sheet L2.0 of the Project Plans in Attachment II).
Through the development review process, staff worked with the applicant to identify additional developer funded improvements to Walpert and 2nd streets to support vehicular and pedestrian safety in the vicinity of the project site. Identified improvements include installation of a new signal at the intersection of Walpert and 2nd streets; dedication of approximately twelve feet of right-of-way along Walpert Street to create a high school drop-off location; and installation of frontage improvements (curb, gutter and sidewalk) along approximately 635 feet of 2nd Street between Lot 20 and the 2nd Street driveway entrance to support pedestrian circulation on the west side of 2nd Street (Condition No. 38). While the developer is responsible for installing frontage improvements along the project site, installation of frontage improvements along 2nd Street properties that do not front the project site is intended to partially off-set exceptions proposed under the PD District rezoning (see further discussion under Rezoning to PD District - Deviation from City Standards section below).
Grading and Site Work - There are minor elevation changes (approximately fifteen feet) in the areas slated for development with the steepest elevation changes occurring at the southwestern corner of the site, which is slated to remain undeveloped. Although the proposed neighborhood layout is designed to minimize development on the steepest grades, the proposed project does entail grading with cut and fill on about eleven of the nearly fifteen acre project site to establish residential development pads, the private street system, and the on-site bio-retention area. See Sheet TM-4 of the Project Plans, which contains preliminary grading and drainage plan details, and Sheet TM-8 shows section views through the site from 2nd Street to Ward Creek.
The proposed plan will result in a series of retaining walls that range from two to eight feet in height. Six foot retaining walls are proposed along the rear property lines of the existing residences located along 2nd Street, at the corner of proposed Lot 84 and along the western side of a portion of Street A. Two walls reaching up to eight feet in height would be located along the west side of Street A between the project site and the City’s water treatment facility and between Lot 21 and the existing residence on 2nd Street. Proposed Condition No. 10.d in Attachment IV, would require that all retaining wall heights be kept to a minimum and appropriately treated with decorative stonework to reduce their visual impact (see examples for treatments on Sheet L2.1 of Project Plans).
Building Elevations and Floor Plans - The proposed project would include four different floor plans with homes ranging from about 1,941 square feet on the smallest lots to 2,431 square feet on the largest lots. Each of the four floor plans would have a minimum of three different elevation types with varied architectural materials, colors and details resulting in twelve potential elevations. In addition, all street facing elevations would be enhanced with additional building pop-outs, detailing and quality materials to provide a higher level of design in the most visible areas. See Sheet A0.1, Site Plan/Parking Plan, and Sheets A1.0 through A5.C of the Project Plans in Attachment II.
Plans 1, 2 and 3 would have three bedrooms and three and one-half bathrooms with a garage and one bedroom/bathroom on the ground floor. Plan 4 would have a ground floor garage, common living space and a bedroom/bathroom combination and up to four bedrooms and three additional bathrooms on upper floors. All of the homes would reach three stories ranging from thirty-six to thirty-eight feet in height.
Staff believes that the proposed elevations provide sufficient variation in architectural style, materials and colors to avoid placement of identical units adjacent to each other and include varied roof lines and pitch to break up the uniform heights of the homes. The Plan 4 homes, which provide the most complex elevations and rooflines, are proposed at the ends of blocks and are therefore the most visible of all home plans.
Parking -Pursuant to Hayward Municipal Code (HMC) Section 10-2.310, each single-family home shall have a two-car garage. Additionally, for lots that abut a public or private street with no parking, two additional uncovered parking spaces are required. The plan shows 194 covered parking spaces (two per unit located in garages) and eighty-four uncovered parking spaces (eighteen would be located on Walpert and 2nd streets, and sixty-six parking spaces would be located on internal roadways within the development). The proposed parking would result in a ratio of about 2.8 parking spaces per unit.
Based on public comment and staff observation, Walpert Street is currently impacted with parking and cannot accommodate overflow from the project. However, there is approximately 1,700 lineal feet of on-street parallel parking along the east and west sides of 2nd Street (with about 1,300 feet fronting the Hayward High School) that could accommodate about 73 parking spaces. Based on staff observation of a weekday evening around 6 p.m., there were about seven cars parked along 2nd Street from Walpert Street to the proposed southern driveway. Thus there does appear to be capacity to accommodate overflow parking from the proposed project site, if needed. Installation of a traffic light at the Walpert/2nd intersection would allow for safe pedestrian crossing and make that overflow parking a more viable option for new and existing residents in the neighborhood.
As described above, the proposed project would result in construction of new sidewalks, thus connecting the site to the nearby neighborhood. AC Transit Routes 60, 94 and 95 run along 2nd Street in front of the project site and provide regular service to destinations in and around Hayward, including routes to the Downtown Hayward BART Station and Cal State East Bay, which will help reduce the need for on-site parking. In addition, a Class III bicycle route runs along 2nd Street.
While the proposed on-street parking, the existing on-street parking along both sides of 2nd Street, adjacent bicycle routes and access to BART via AC Transit would off-set some of the parking demand, there is not adequate space on the proposed lots to accommodate additional parking as required by the municipal code. The developer is seeking latitude related to minimum open parking requirements for the proposed development as part of the PD rezoning request (see further discussion related to parking under Rezoning to PD District - Deviation from City Standards Section below).
Open Space - The proposed project would include a variety of both developed and undeveloped public open spaces and pedestrian pathways linking the development to both on-site and off-site trails. On site developed common open spaces include a large neighborhood green (Parcel E, 15,682 square feet) and two smaller open spaces (Parcel B at 5,663 square feet and Parcel F at 6,534 square feet, respectively), which would total about 27,800 square feet of common open space for residents. In addition, Parcel C (approximately 41,817 square feet), composed of landscaped slopes, would connect the Parcel B and Parcel F open spaces. See Sheets TM-1 Vesting Tentative Map and L3.0 Preliminary Planting Plan of Project Plans.
With regard to private open space and yards, each single-family lot would front onto pedestrian paseos with a combination of landscaping and decorative paving. Yards would be landscaped and planted with a minimum of one tree per lot. Fences would be placed to grant each single-family lot exclusive side yard easements to adjacent lots resulting in about six and a half-foot wide side yards/ground floor patio areas for the residential lots (see Sheet A0.2 of Project Plans). As currently proposed, the ground floor outdoor patios are accessible from garages essentially cutting off the ground floor open space from the actual living area of the homes. To maximize the usability and openness of the ground floor open spaces, staff recommends that the house plans be flipped to locate the ground floor living spaces (bedrooms or common areas) adjacent to the side yards thus maximizing the usability of the ground floor patios (Condition No. 11). Homes with floor plans 1-3 would also include decks (ranging from 93 to about 158 square feet) off the second floor common living areas.
In addition to the common and private open spaces described above, the proposed development includes a significant amount of undeveloped open space along the southwestern boundaries adjacent to Ward Creek. The area is shown as Parcel K (4.89 acres which includes 1.1 acre of area designated Parks and Recreation) on Sheet TM-3 of the Project Plans. The area is steeply sloped and contains numerous trees and shrubs with existing trails on Parcel K that connect the proposed development with nearby regional trails.
The Hayward Municipal Code does not include private or common open space requirements for single-family residential developments; therefore, the proposed common open spaces are intended to off-set the small lots proposed under the PD District rezoning (see further discussion under Rezoning to PD District - Deviation from City Standards Section below).
Tree Preservation - A comprehensive Arborist Report (Attachment III, Appendix C) and Tree Mitigation Plan (Sheets L1.0 through L2.0 of Project Plans) were prepared pursuant to the City’s Tree Preservation Ordinance.
The proposed project would result in the removal of 59 of the existing 207 trees on the site. The applicant designed the lot layout near the intersection of Walpert and 2nd Streets, and the small open space labeled as Parcel B, in order to retain two large oak trees in the site layout. To mitigate the loss of the other trees, the Planting Plan includes installation of 196 new trees, as well as permeable pavers and porous concrete throughout the site (see Sheet L2.0 for Preliminary Paving and Materials Plan). According to the preliminary calculations provided by the developer, the proposed mitigation plan would more than off-set the total estimated value of the trees being removed as a result of the proposed project, in accordance with the Tree Preservation Ordinance requirements.
Parkland Dedication Requirements - Pursuant to Hayward Municipal Code Chapter 10, Article 16, Property Developers - Obligations for Parks and Recreation, the developer shall dedicate land, pay a fee or provide a combination of both for park and recreation purposes.
The applicant is proposing to partially meet the Parkland Dedication requirement through development of the approximately 1,700 foot long, eleven and a half-foot wide public trail that would extend along Street A from Walpert Street to 2nd Street. The applicant is also in discussion with HARD staff to develop an approximately 3,800 square foot public dog park adjacent to the proposed detention basin and to roughly grade a three-foot wide meandering trail from the detention basin/potential dog park area to connect to existing user trails on the site (Parcel K). The proposed trail creation would offer additional public recreational opportunities on the site. It would result in minimal grading and would not require removal of trees or result in any significant impacts on the Parcel K open space (see additional information in Attachment III, Initial Study and Mitigated Negative Declaration).
Because the ultimate combination of park-related obligations is not fully determined at this time, staff recommends that the Commission adopt proposed Condition No. 90, requiring that the applicant meet Parkland Dedication obligations through a combination of development of recreational facilities, dedication of land, and/or payment of in lieu fees as acceptable to HARD and the City prior to the approval of the Final Map.
Community Facilities District -Through adopted policy, the City requires developers to pay the cost of providing public safety services to the proposed project through the formation of, or annexation to, a Community Facilities District (CFD), should the project generate the need for additional public safety services. To support CFD formation, the project developer shall post an initial deposit of $20,000 with the City Finance Department prior to or concurrently with the submittal of the final subdivision map and improvement plans, to offset the City’s cost of analyzing the project’s need for additional public safety services. If the analysis determines that the project creates a need for additional public safety services warranting the formation of, or annexation to, a CFD, the project developer shall be required to pay all costs of formation of a new CFD, or annexation to an existing CFD, which costs may be paid from the developer’s deposit to the extent that funds remain after payment of the City’s costs of analysis as described above (proposed Condition No. 135).
Affordable Housing Requirements - The proposed project shall comply with HMC Article 17, Affordable Housing Ordinance. To fulfill this obligation, the developer will pay an affordable housing impact fee. The current Affordable Housing Impact Fee for detached ownership units is four dollars per square foot of the project’s habitable living space. Condition No. 134 requires payment of that fee prior to issuance of building permits or Certificate of Occupancy in accordance with the Ordinance.
Rezoning to PD District - Deviation from City Standards - The purpose of the PD District is to encourage exceptional quality development through efficient and attractive space utilization that might not otherwise be achieved through strict application of the zoning ordinance development standards.
As noted above, the proposed project site includes multiple parcels that fall under different zoning districts and General Plan land use designations; however, the site is primarily vacant and surrounded by development, roadways, utilities, and schools making it an ideal infill site. Rather than developing the site in accordance with existing zoning standards at a variety of development densities, the developer is requesting a PD District rezoning to establish a clustered small-lot single-family neighborhood that retains a significant amount of space as open and undeveloped. The proposed site layout maximizes development potential on the site by placing the highest number of residential units on the northeastern portion of the site in the High Density Residential General Plan land use designation and the lowest number of units on the southeastern portion of the site in the Low Density Residential land use designation while maintaining the densities required in the General Plan. Further, the proposed layout would allow for retention of undeveloped open space at the southern half of the site thereby respecting the existing 1.1-acre of Parks/Recreation General Plan land use designation along Ward Creek and expanding it area to include an additional 3.9 acres of undeveloped open space to beautify the site. The resulting site layout is in harmony with the surrounding area and conforms to the General Plan and applicable City policies.
The proposed development would contain a variety of both open spaces to support recreational activity for the residents and resulting in a desirable and stable residential environment. While the proposed open spaces are sufficiently sized to meet the recreational needs of the residents, staff recommends that additional elements including but not limited to a tot lot, additional picnic and other seating areas and additional bar-b-ques or other similar elements be added to the final design of the neighborhood green to activate the space as an active community gathering site (Condition No. 91).
The following list contains the proposed exceptions from the current zoning standards:
• Minimum Lot Size;
• Minimum Lot Frontage;
• Minimum Setbacks
• Maximum Lot Coverage;
• Parking - the proposed development is deficient by 72 uncovered parking spaces.
The proposed compact, clustered development calls for small lots resulting in cascading modifications such as reductions in lot frontage and setbacks and exceedances in lot coverage. A strict application of zoning standards would not result in a development consistent with the densities required under the General Plan. Small-lot single-family homes are widely accepted in the Bay Area housing market where space is limited and compact, efficient development is required to satisfy housing demand. Further, the smaller lots and compact development offer homes that are “affordable by design” and would result in more affordable housing than would be provided on larger, traditional lots.
The applicant is also seeking a reduction in required “uncovered” parking as described in the Parking section above. Staff believes that the proposed parking ratio of 2.8 parking spaces per unit (two covered per lot plus an additional 0.8 per lot of uncovered on-street parking spaces scattered throughout the site) is adequate to satisfy the demand generated by the project. According to 2014 American Community Survey data (US Census), about 75% of households in Hayward have two or fewer cars while 25% have three or more. Based on staff observation, there is adequate capacity in the surrounding neighborhood to accommodate any overflow parking in the vicinity of the project site. In addition, staff believes that the opportunity cost of developing more parking on the site, which would require extensive grading on the environmentally sensitive areas closest to Ward Creek or a reduction in residential units, possibly resulting in General Plan density consistency issues, is not worth the benefit of additional parking that may or may not be utilized.
The applicant is proposing the following amenities to off-set the proposed exceptions:
• Expansion of the approximately 1.1 acre area designated Parks and Recreation by an additional 3.8 acres to provide approximately 4.89 acres of open space and retention of approximately 148 trees within the most environmentally sensitive areas nearest Ward Creek;
• Construction of frontage improvements including curb, gutter and sidewalk signage along the approximately 635 feet of 2nd Street that is between the project site and the 2nd Street project driveway , which is over and above typically required frontage improvements along project frontages;
• Installation of solar photo-voltaic systems on all units; and,
• Installation of a series of interconnected common open spaces and a pedestrian network of paved and landscaped pathways between the open spaces and connecting back to the surrounding neighborhood.
Although included in the project description, staff recommends that the Commission adopt Condition No. 9, ensuring that the amenities are developed with the project as proposed and that the open space remains undeveloped unless otherwise approved by the City after undergoing environmental review.
Vesting Tentative Tract Map 8233 - The proposed project includes approval of Vesting Tentative Tract Map 8233. The project site falls within the boundaries/service areas of both the East Bay Municipal Utility District (EBMUD) and the City of Hayward for water service, and portions of the site are located within the Oro Loma Sanitary District (Oro Loma) and the City of Hayward for sanitary sewer service. According to recent agreements between the City of Hayward and EBMUD and Oro Loma, the City of Hayward will provide water and sanitary service to the site. On-site utilities will be installed within the new roadways and connected to existing utilities in Walpert Street and 2nd streets. In addition, all overhead utility lines as well as any new utility lines are recommended to be placed underground as part of the site improvements (Condition Nos 38.f and 83).
Proposed Condition No. 126 requires that a Homeowners’ Association (HOA) be formed with the proposed development. The HOA will be responsible for maintaining all private streets, private street lights, private utilities, and other privately owned common areas and facilities on the site, including, but not limited to, stormwater treatment facilities, landscaping, preservation and replacement of trees, as well as decorative paving.
Findings for the Zone Change/Preliminary Development Plan - In order for a PD District to be approved, the City Council shall make the following findings. Staff’s response to the findings for Commission consideration are provided below.
1. The development is in substantial harmony with the surrounding area and conforms to the General Plan and applicable City policies.
The proposed development would result in a clustered development pattern that maximizes development potential on the site by placing the highest number of residential units on the northeastern portion of the site in the High Density Residential General Plan land use designation and the lowest number of units on the southeastern portion of the site in the Low Density Residential land use designation while maintaining the densities required in the General Plan. The clustered development pattern results in development on the least sloped areas of the site and retention of approximately 4.89 acres of undeveloped open space in the most environmentally sensitive areas of the site nearest Ward Creek. In addition, the compact, clustered development is consistent with General Plan Goals and Policies related to diversity in housing types and design including the following:
Policy LU-3.6 Residential Design Strategies: The City shall encourage residential developments to incorporate design features that encourage walking within neighborhoods by:
• Creating a highly connected block and street network.
• Designing new streets with wide sidewalks, planting strips, street trees, and pedestrian scaled lighting.
• Orienting homes, townhomes, and apartment and condominium buildings toward streets or public spaces.
• Locating garages for homes and townhomes along rear alleys (if available) or behind or to the side of the front facade of the home.
• Enhancing the front facade of homes, townhomes, and apartment and condominium buildings with porches, stoops, balconies, and/or front patios.
• Ensuring that windows are provided on facades that front streets or public spaces.
The proposed development provides an interconnected network of tree-lined pedestrian sidewalks and trails linking homes to small and large open spaces within the neighborhood; garages are alley-loaded to minimize their visual impact; and, homes are generally oriented toward pedestrian paseos, open spaces and roadways. The elevations display enhanced side elevations with additional windows and other architectural elements to ensure a high degree of articulation and complexity from the public right-of-way.
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.
The proposed project continues the pattern of detached single-family development along 2nd Street.
Policy H-3.1 Diversity of Housing Types: The City shall implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low density single-family uses, moderate-density townhomes, and higher-density apartments, condominiums, transit-oriented developments, live-work units, and units in mixed-use developments.
The proposed project supports this policy in that it would result in compact, efficient development that is affordable by design over traditional larger lot single-family development.
Policy H-3.3 Sustainable Housing Development: The City shall improve affordability by promoting sustainable housing practices that incorporate a ‘whole system’ approach to siting, designing, and constructing housing that is integrated into the building site, consumes less water and improves water quality, reduces the use of energy use, and other resources, and minimizes its impact on the surrounding environment. The proposed project supports this policy in that it contains a series of interconnected open spaces and pedestrian pathways that will support pedestrian activity and health benefits for resident, and in that the proposed project will include solar photo-voltaic systems and electric vehicle charging stations within garages of each unit.
Policy H-3.4 Residential Uses Close to Services: The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes. The proposed development is an infill development surrounded by single-family and multi-family uses and is located in close proximity to schools and existing infrastructure.
Policy H-3.6 Flexible Standards and Regulations: The City shall allow flexibility within the City’s standards and regulations to encourage a variety of housing types. The proposed development offers a small-lot single-family housing product that is affordable by design and makes efficient use of space by clustering the development on the site to avoid the most environmentally sensitive areas nearest Ward Creek.
Policy H-3.10 No Net Loss Zoning: Consistent with Government Code Section 65863, the City shall consider the impacts of rezoning and general plan amendments of residential sites on the City’s ability to meet its share of the regional housing need. The proposed rezoning is intended to create flexibility to cluster the proposed small-lot single-family development in a manner that would maintain the minimum densities set forth in the general plan.
2. Streets and utilities, existing or proposed, are adequate to serve the development.
The proposed project is surrounded by existing streets and has access to utilities with adequate capacity to serve the proposed development. In addition, the project shall be required to underground any overhead utilities in front of their project site and fronting any public street.
3. The development creates a residential environment of sustained desirability and stability, that sites proposed for public facilities, such as playgrounds and parks, are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereon, and the development will have no substantial adverse effect upon surrounding development or neighborhoods.
The clustered small-lot single-family development is designed to continue the line of single-family development along 2nd Street, meet the varied densities called for by the General Plan, maximize development potential on the infill site to offer much needed housing in the region, and maintain the most environmentally sensitive areas as undeveloped open space.
The neighborhood layout would result in a residential environment of sustained desirability and stability in that residents would have access to an interconnected network of pedestrian pathways connecting a variety of small and large open spaces that are developed, as in the case of the neighborhood green, and undeveloped, as is the case with the vast open space nearest Ward Creek. Staff recommends that the neighborhood green be enhanced with additional amenities such as a tot lot and other community supporting elements such as picnic tables and additional bar-b-que areas. Overall, the proposed development will enhance the surrounding neighborhood by opening up a currently gated vacant landscape, and by offering a network of walking paths and outdoor spaces to support healthy lifestyles and community development.
Overall, the architectural designs of the homes are varied and adequately detailed from the public-right-of way with alley-loaded garages to minimize their visual impact. Further, the development offers small-lot homes that are affordable by design, and supports aging in place in that all of the floor plans offer ground floor bedrooms and bathrooms. Staff does recommend that the floor plans be modified to locate outdoor ground-floor patios adjacent to ground floor bedrooms or common living spaces to increase usability of the outdoor patio areas and to better connect the small outdoor spaces to the homes.
4. In the case of a development in increments, each increment provides a sufficient proportion of total planned common open space, facilities, and services so that it may be self-contained in the event of default or failure to complete the total development according to schedule.
The proposed project will be developed in one phase ensuring that the infrastructure, services and facilities will be available to all neighborhood residents in a timely fashion.
5. Any latitude or exception(s) to development regulations or policies is adequately offset or compensated for by providing functional facilities or amenities not otherwise required or exceeding other required development standards, which, in the judgment of the Planning staff provides for a high quality and attractive development.
The clustered small-lot single-family development is designed to continue the line of single-family development along 2nd Street, meet the varied densities called for by the General Plan, maximize development potential on the infill site to offer much needed housing in the region, and maintain the most environmentally sensitive areas as undeveloped open space.
In order to accomplish these goals, the proposed PD District development requires smaller lots than is permitted under typical single-family residential development, including lot modifications such as reduced setbacks, increased lot coverage and reduced lot widths as well as an exception related to uncovered parking. The proposed amenities including retention of undeveloped open space adjacent to Ward Creek; installation of an interconnected system of open spaces, trails, sidewalks and pathways as well as frontage improvements 2nd Street from the project site to the 2nd Street project driveway; and, installation of solar photo-voltaic systems for each of the units to reduce energy consumption will adequately off-set the exceptions requested with the proposed project.
Findings for the Vesting Tentative Tract Map - In order for a vesting tentative map to be approved, the City Council must make the findings below. Staff’s responses to the findings, for Commissioners’ review, are included below.
1. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. [Subdivision Map Act §66474(a)]
The proposed subdivision is consistent with the allowable uses and densities designated by the High Density, Medium Density and Low Density land use categories of the General Plan, where applicable. The proposed development is not subject to a specific plan.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. [Subdivision Map Act §66474(b)]
The proposed subdivision is consistent with the Hayward General Plan minimum densities as well as specific goals and policies, including but not limited to policies supporting varied residential design strategies, infill development, a diversity of housing types, sustainable housing development, and placement of housing in close proximity to existing infrastructure and services (General Plan Policies LU 3.6; LU 3.7; H 3.1; H 3.3; and H 3.4).
The existing and proposed internal roadways are designed to accommodate the anticipated traffic. Utilities, including water, sewer, and storm drain facilities, will be provided to accommodate the proposed development. Further, the Initial Study and Mitigated Negative Declaration prepared for the project identified adequate mitigation measures to reduce all identified impacts to a level of insignificance.
3. That the site is physically suitable for the type of development. [Subdivision Map Act §66474(c)]
A preliminary geotechnical investigation was performed by The PRA Group (dated July 11, 2014), demonstrates that the proposed small-lot single-family residential development of ninety-seven small-lot single-family homes is feasible. The proposed subdivision would occur on a site suitable for the proposed development provided that a design-level geotechnical investigation is prepared to identify specific design features for future development of the site, and that recommendations from the report are reviewed and approved by the City, and subsequently incorporated into the Improvement Plans for the proposed project. The site includes sufficient roadway lane widths, pedestrian facilities and infrastructure to support the number of units being proposed.
4. That the site is physically suitable for the proposed density of development. [Subdivision Map Act §66474(d)]
A preliminary geotechnical investigation was performed by The PRA Group (dated July 11, 2014), demonstrates that the proposed small-lot single-family residential development of ninety-seven small-lot single-family homes is feasible. Furthermore, the Initial Study and Mitigated Negative Declaration, and supporting environmental reports including the Traffic Study prepared by TJKM (November 10, 2015) demonstrates that potential impacts to traffic and circulation will be less than significant. In addition, to minimize identified pedestrian and vehicular safety issues in the vicinity of the project site, the developer will undertake specific circulation related improvements including installation of a new signal at the intersection of Walpert and 2nd streets; dedication of approximately half-acre (200 feet in length) along Walpert Street to create a high-school drop-off location; and installation of frontage improvements (curb, gutter and sidewalk) along approximately 635 feet of 2nd Street between the boundary of the project site and the 2nd Street driveway entrance to support pedestrian circulation on the west side of 2nd Street.
5. That the design of the subdivision or 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)]
One of the goals of the proposed project is to cluster the small-lot single-family development on the flattest areas of the site in order to maintain the most environmentally sensitive areas adjacent to Ward Creek as undeveloped open space. A Biological Resources Assessment was completed for the site by WRA Environmental Consultants in August 2015. The Assessment and Initial Study prepared for the project concluded that the proposed project could potentially result in impacts related to special plant, bird and bat species as well as to riparian habitat and other sensitive natural communities due to construction activities. The reports included mitigation measures to minimize these impacts to a level of less than significant. Thus the mitigation measures included as conditions of approval for the proposed project will ensure that the design of the subdivision and proposed improvements will not cause substantial environmental damage or to injure wildlife, fish or their habitat.
6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. [Subdivision Map Act §66474(f)]
The development is an infill site surrounded by infrastructure with adequate capacity to serve the site. The Initial Study and Mitigated Negative Declaration and supporting environmental studies for the project concluded that the project could result in adverse Air Quality impacts related to construction-related dust and toxic air contaminants as well as generation of asbestos-containing dust. The reports included mitigation measures to minimize these impacts to a level of less than significant. Thus the mitigation measures included as conditions of approval for the proposed project will ensure that the proposed project will not cause serious public health problems.
7. That the design of the subdivision or the 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)]
The proposed project will not conflict with existing easements for access through or use of the property. The proposed private roadways and pedestrian facilities will be open and accessible to the public.
ENVIRONMENTAL REVIEW
An Initial Study evaluating the potential environmental impacts of this project was prepared in accordance with CEQA. The Initial Study found that the proposed project would result in potential impacts in the areas of Biological Resources, Cultural Resources, Air Quality, Geology and Soils, Noise and Mandatory Findings of Significance, and contains mitigation measures reducing the identified impacts to a level of less than significant. A Notice of Intent to Adopt a Negative Declaration (NOI) was filed with the Alameda County Clerk and the State Clearinghouse on December 22, 2015. The NOI and the Initial Study were posted at City Hall and delivered to the Hayward libraries, and copies of the NOI were sent to interested parties and property owners within 300 feet of the project site on December 22, 2015. The public comment period for the proposed Negative Declaration and Initial Study expired on January 21, 2016.
A copy of the Initial Study, NOI, Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Plan (MMRP) are attached to this report for the Commission’s review and consideration (Attachment III). The Commission must consider the documents prior to forming a recommendation on the proposed project.
Following the release of the Initial Study/MND and through the development of conditions of approval for the project, more detailed information related to replacement of existing City-owned stormdrain facilities within the vicinity of Ward Creek was identified. Installation of such utilities was generally evaluated as part of the overall project. Specifically, construction work within the vicinity of Ward Creek was disclosed in Impact BIO-2, and proposed Mitigation Measures BIO-2.1 through 2.3 in addition to standard regulatory processes would ensure the impact would be mitigated to a level of less than significant. Recirculation of an Initial Study/MND is not required when new information is added to the negative declaration which clarifies, amplifies or makes insignificant modifications to the proposed project (CEQA Guidelines Section 15073.5(c)(4)). See Attachment VIII, the First Amendment to the Initial Study/MND which contains clarifying statements related to the utility work.
On January 20, 2016, the City received comments from Caltrans, and on January 21, 2016, the City received comments from two local residents. All comments are included as Attachments V, VI and VII, respectively, to this staff report.
Caltrans’ comment letter centered on potential impacts to Caltrans facilities in the vicinity of the project. However, based on the amount and distribution of trips generated by the proposed development, the project would not substantially increase traffic volumes on nearby freeway segments and the proposed project would have a less than significant impact on freeway facilities (see page 79 of Attachment III, Initial Study, for further information).
The residents’ comment letters expressed concern about a loss of views due to the development; concerns about construction-related air quality and noise impacts; increased traffic; preservation of trees; uncertainty about project fencing; and questions about ultimate trail alignments. Many of these comments fall outside of the scope of CEQA, and the letters did not identify any new impacts or a need for additional mitigation measures not already disclosed in the Initial Study. In addition, several of the proposed Conditions of Approval address the stated concerns, including Condition Nos. 15 through 19, and Condition No. 151 that are intended to minimize construction-related air quality and dust impacts; Condition No. 108 to ensure plantings do not interfere with on and off-site solar facilities; Condition 10.k requiring detail related to fencing locations, heights and materials on Preliminary Plan submittals; and, Condition No. 10.r requiring the Precise Plan to clearly show trail elevations and planned trail alignments and connections throughout the site and to off-site user trails that connect to regional trails.
PUBLIC OUTREACH
On January 15, 2015, an initial notice of receipt of the project application was sent to property owners and residents within a 300-foot radius of the site. On March 25, 2014, the developer hosted a community meeting at the Arc of Alameda, Walpert Campus near the project site. Approximately forty people attended the meeting, reviewed proposed project plans and provided comments directly to the applicant primarily related to pedestrian and vehicular safety, concerns about traffic and spillover parking impacts, loss of views and open space, and potential biological impacts. On July 16, 2015, the City held a Preliminary Meeting pursuant to Section 10-3.230 of the City’s Subdivision Ordinance, to take agency and public comments on the proposed subdivision. Approximately six members of the public attended the meeting and primarily asked clarifying questions about the project.
On December 22, 2016, notices of this public hearing and the Notice of Intent to Adopt a Mitigated Negative Declaration were sent to all property owners within a 300-foot radius of the project site and to interested parties who requested to be notified about the project. In addition, notice of this public hearing was published in The Daily Review on December 26, 2015.
On January 20, 2016, City staff met with two members of the public, who subsequently submitted the written comments described above. During the meeting, the residents asked clarifying questions about the proposed project related to the loss of views from the project, parking, clarification on whether the project would include solar photo-voltaic panels and electric vehicle charging stations, construction-related air quality impacts, trail alignment, landscaping and conclusions of the Traffic Study.
NEXT STEPS
Following the Planning Commission hearing, the City Council will consider the project, along with the Planning Commission’s recommendation, at a noticed public hearing. The tentative date for this hearing is March 15, 2016.
If approved by the Council, the applicant will be required to incorporate project conditions of approval and submit a more detailed Precise Plan, Final Map and Improvement Plans for staff review prior to the City Council’s approval of the Final Map. Grading and building permit applications will then be processed and permits issued to allow for construction of the improvements and homes.
Staff contact
Prepared by: Leigha Schmidt, AICP, Senior Planner
Approved by:
Sara Buizer, AICP, Planning Manager
David Rizk, AICP
Development Services Director
end
Attachments:
Attachment I Area and Zoning Map
Attachment II Project Plans
Attachment III Initial Study/Mitigated Negative Declaration/Mitigation Monitoring & Reporting Program. Due to the size of the files, Appendices to the Initial Study <http://user.govoutreach.com/hayward/faq.php?cid=11037> are available online.
Attachment IV Recommended Conditions of Approval
Attachment V Caltrans Correspondence Related to Initial Study and MND
Attachment VI Candi Cross Correspondence Related to Initial Study, MND and Project
Attachment VII Sherman Lewis Correspondence Related to Initial Study, MND and Project
Attachment VIII First Amendment to the Initial Study/Mitigated Negative Declaration