DATE: February 25, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Proposal to subdivide 2.6 acres and Construct 50 Townhome-Style Condominiums located at 31 West Jackson Street east of Amador Street, requiring approval of a Zone Change, Variance and Vesting Tentative Tract Map; Blake Felson/Felson Companies, Inc. (Applicant); Felson Partners, LP, and Diamond Crossing Associates LP (Owners)
Recommendation
RECOMMENDATION
That the Planning Commission recommends to the City Council approval of the proposed Zone Change, Setback Variance and Vesting Tentative Tract Map 8240 (Harvest Park development), subject to the Findings contained herein and the attached recommended Conditions of Approval (Attachment III); 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 subject 2.6-acre site consists of four parcels, two zoned High Density Residential and one zoned in 1989 to Planned Development District, and a fourth parcel that is a 11,326 square-foot vacated portion of West Jackson Street right-of -way that will be purchased from the City of Hayward upon City Council approval of the vesting tentative tract map (Attachment II). The site is located adjacent to the Diamond Crossing gated community. The applicant proposes to develop the site with fifty townhome-style condominiums.
The project is supported by staff because the proposed density, 19.23 dwelling units per net acre, is consistent with the High Density Residential General Plan designation, which allows a density between 17.4 and 34.8 dwelling units per net acre. In addition, the fifty, three-story townhome style condominiums provide needed housing and are compatible with surrounding properties, and the project is in compliance with City’s Design Guidelines.
BACKGROUND
In 1989, City Council approved the Diamond Crossing gated community, a 117-unit condominium project located adjacent to the north and west of the project site. That project, which also involved the proponents for this project, required approval of General Plan Amendment No. 87-18, which changed the land use designation from General Commercial to High Density Residential. That project entailed approval of Tract Map No. 5992 and required a zone change from Industrial to Planned Development (PD) district, including the abutting property located at 73 West Jackson Street, which is a remnant of the Diamond Crossing project that was never developed and is now included in the subject site. In 1995, after the adoption of the Santa Clara Neighborhood Plan, the two properties located at 3, 5 , 7 and 31 West Jackson Street were rezoned from Industrial District to High Density Residential District (RH) to conform to the Neighborhood Plan.
On January 27, 2015, the City Council adopted Resolution 15-016 approving the vacation of a 11,326-square-foot portion of the public right-of-way on Diadon Drive, the West Jackson frontage road. The effective date of the vacation will be the date the City Council approves the subject vesting tentative tract map. Following this approval, the applicant will purchase the vacated right-of-way that is included as part of the vesting tentative tract map.
DISCUSSION AND STAFF ANALYSIS
The proposed project requires several discretionary approvals, including a zone change to High Density Residential, Vesting Tentative Tract Map allowing 14 parcels for the construction of fifty townhome-style condominiums, and a variance allowing a fifteen-foot front yard setback where a minimum twenty-foot front yard setback is required.
The applicant has worked with staff over the past year to design a connected residential community while allowing maximization of usable open space. Three different floor plans with a variation of architectural styles are proposed. Attractive landscape is planned throughout the site and used as a buffer between Diamond Crossing and West Jackson Street and the project. A decorative iron fence will be built along West Jackson.
Project Description -The project site is located northeast of the corner of West Jackson and Amador Streets and is currently developed with two warehouses. Diamond Crossing, a gated, three-story condominium community, is located to the west and north (see Attachment I: Area and Zoning Map). Southern Pacific railroad is located to the northeast/east of the site and West Jackson Street is located to the south of the site.
Site Layout - The site design of the project takes into consideration many constraints and emergency vehicle access. The constraints include the location of the project entrance off the West Jackson Street frontage road, Diadon Drive, and the northeastern railroad track boundary which requires the ends of the buildings to face the tracks instead of the front or rear of the buildings to minimize exposure to noise. Design Guidelines prohibit a line of garages on West Jackson Street; therefore, the garages are required to be inward facing. The twenty-six foot wide emergency vehicle access to Diamond Crossing also crosses the project site. While meeting the side and rear yard setbacks, the applicant’s goal is to keep the building massing as far as possible from the neighboring homes at Diamond Crossing. The site design includes a walkable community that encourages interaction between the residents though the use of an interconnected sidewalk system allowing residents to walk the entire site. The project provides three separate group open space areas to better serve all residents.
Building Elevations and Floor Plans - As shown in the submitted Plans (Attachment IV), the project includes eight, three-story buildings with fifty-townhome style condominiums, consisting of three different floor plans. All floor plans include a two-car garage, a second floor family room, kitchen and a bathroom, and a third floor laundry room with bedrooms and bathrooms.
Multigenerational households consist of two or more generations. 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. For multi-generational households, the 1,562 square-foot Plan 1 offers a bedroom, full bath and kitchen on the second floor and three bedrooms and three bathrooms, and a laundry. For those with mobility issues, the stairwell from the ground floor to the second floor can be retrofitted with a chair lift to allow second floor access. There are a total of twenty-one Plan 1 units, which is approximately 42% of the total number of units.
Plan 2 is 1,180 square feet offering a ground floor den/bedroom option without a bathroom, second floor kitchen, living room and half-bath, and three bedrooms and two full baths on the third floor. There are a total of seventeen 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 access to the balcony. The first floor has an option den/bedroom and, unlike Plan 2, a full bathroom. A total of twelve Plan 3 homes are proposed. Therefore, 24% of total number of proposed units offer a ground floor bedroom option, with a full bathroom.
The design incorporates a modern architecture style with craftsman elements consistent with the Hayward Design Guidelines with articulation via recessed wall planes and cantilevered second floor elements, window reveals, and covered front entry porches. Also incorporated are a palate of warm earth tones; a mix of hip and gable roofs; stucco with stone veneer, wood, and enhanced finishes;, shutters; decorative railings; and second floor decks on the rear of all units. In addition, porches are oriented toward the streets and interior roadways to create a community atmosphere.
Parking and Circulation - The required minimum parking for each unit is 2.1 spaces, one of which must be covered. The required minimum number of off-street parking spaces for the 50 units is 50 covered and 55 uncovered spaces. A total of 114 parking spaces are proposed, exceeding the minimum requirement. All townhomes are designed with two-car garages. Fourteen guest parking spaces are located on the private interior drive aisles. Five bicycle racks, are proposed adjacent to the two parking areas next to the two cluster mail box kiosks.
The proposed condominiums will be accessed off the West Jackson Street frontage road, Diadon Drive. The private street will have a back of curb-to-back of curb, gutter width of twenty-one to twenty-six feet and will be a designated fire lane. As proposed, the street will meet all circulation and Fire Department accessibility requirements. Fire lane signage prohibiting parking will be installed on the private street and curbs will be painted red as directed by the Fire Chief and City Engineer.
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. In addition, the developer incorporates green building materials and techniques in construction practices, so each condominium will be energy 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 by 15%. Water efficient plumbing and fixtures will be installed. Zero-VOC interior paints and low-VOC caulks and adhesives will be used. Low-emitting flooring used meets CDPH-2010 Residential Standard Methods. 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. In addition, the applicant has adopted an Environmental Policy Statement: Felson Companies is committed to protecting the environment and improving the health and safety of our employees, residents, and surrounding community. The goal of our environmental policy is to ensure that the products and services we provide, purchase, or contract adhere to our commitment to lessen the environmental impact of our residential communities.
Open Space - The High Density Residential Zoning District requires a minimum of 350 square feet of usable open space per dwelling unit, with a minimum of 100 square feet of group open space per dwelling unit. Two centrally located group open spaces are interconnected by a decorative paving sidewalk system allowing residents to walk around the entire site while avoiding walking through drive aisles adjacent to garages. Both these group open spaces exceed the minimum dimension requirements. The primary open space is at the center of the site (Parcel C at 5,231 square feet) and is bordered by three of the eight buildings (Buildings B, C and F) and is visible from the main drive aisle. The large open space adjacent to Building A (Parcel D at 4,206 square feet), to the rear of the site, is adjacent to the emergency vehicle access, not a common drive aisle, creating a safer and more suitable play space for small children. Both these open space areas will have picnic tables and bicycle racks. In addition, there is a generous paseo (Parcel B at 3,296 square feet), between Buildings F and G, that is suitable for gatherings and community interaction. Total proposed group open space is 13,363 square feet, greater than the minimum 5,000 square feet required. Private open space averages 158 square feet per unit in the form of second floor decks, meeting the minimum dimension requirements, for a total of 7,896 square feet. Therefore, the total 21, 259 square feet of open space proposed exceeds the required minimum 17,500 square feet of open space required for this project.
Landscaping - The preliminary landscape plan provides a variety of Bay-Friendly, water efficient landscaping and trees throughout the site. The stormwater treatment areas located throughout the site incorporate the use of bioflitration areas, 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 submittal.
Transportation - There are three nearby bus stops that are within walking distance from the site. AC Transit bus route 37 Counterclockwise is located 0.2 miles from the entrance of the development at the corner of West Jackson and Amador streets . AC Transit bus route 37 Clockwise is located 0.6 miles from the entrance of the development at the corner of Santa Clara and West Jackson. Both routes can be taken to the Hayward and South Hayward BART stations every hour on weekdays from 6:00 am to 8:30 pm. AC Transit bus route 85 is located 0.7 miles from the entrance of the development at the corner of Soto Road and Winton Avenue and arrives hourly on a daily basis from 7:00 am to 8:00 pm. AC Transit bus route 86 is located 0.8 miles from the entrance of the development at the corner of Amador Street and Winton Avenue and can be taken to Hayward BART every half-hour daily from 4:00 am to 11:30 pm from Hayward BART transit center.
Traffic - Diadon Drive (West Jackson frontage road) is a relatively low volume roadway under existing conditions and the project is not expected to add a significant number of trips (approximately 26 a.m. peak hour trips and 31 p.m. peak hour trips). The intersection of West Jackson and Diadon Drive is striped with “Keep Clear” markings and Diadon Drive is controlled with a stop sign, and based on the estimated project trips, there would be no need for significant operational improvements to that intersection. Therefore, the Diamond Crossing residents who use the West Jackson Street entrance will not be impacted. As a condition of approval, the installation of street lights on Diadon Drive are required and will illuminate the roadway and provide better pedestrian, bicycle and vehicular safety.
In 2013, the City’s Public Works Transportation Division reviewed and approved a traffic study for the proposed project. While internal site/building locations may have changed slightly, the overall square footage, estimated trip generation and roadway network layout and site access have not. Therefore, the traffic study is valid for the proposed project as designed. There were no significant impacts found and project had minimal effects on the surrounding roadway network/intersections.
Vesting Tentative Tract Map 8240 - The proposed subdivision creates fourteen parcels which will allow construction of fifty condominiums on eight lots and including six common areas on approximately 2.6 acres of land. The Homeowners’ Association will own and maintain the six common parcels, 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. A vesting tentative tract map is being processed with this site plan review to create eight parcels of land, each of which will have a building that contains townhome-style condominiums. Each residential unit will be sold individually.
If the vesting tentative map is approved, the City will sell the vacated land to the proponent, and a final map and improvement plans will be submitted to the City for review. The City Engineer must find that the improvement plans and final map are in substantial compliance with the approved vesting tentative map and recommend approval of Final Map 8240to the City Council 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 September 29, 2015.
The private street will be constructed to the same standards as a public street and have a minimum of twenty-one to thirty-one- foot travel lanes measured from face of curb to face of curb and a twenty-six 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 14 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 on-site improvements, i.e. storm drain, water and sewer mains are to remain active until relocated facilities are installed. West Jackson Street frontage road, Diadon Drive and West Jackson Street will be repaired as necessary. New curb, gutter and sidewalk will be constructed within the development site and on Diadon Drive. West Jackson Street right-of-way improvements include undergrounding of utilities, provision of landscaping in the existing median between West Jackson Street and the frontage road, and resurfacing and restriping of Diadon Drive to the intersection of West Jackson Street.
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 West Jackson Street. 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.
Homeowner 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 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 HOA 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 approval of the Zone Change - In order for a Zone Change to be approved, the City Council must make required findings. 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 public health, safety, convenience and general welfare of the residents of Hayward.
The rezoning allows for the construction of 50 townhome-style condominiums that will further meet housing demand in this ever increasing housing market as evidenced by the short length of time new units are on the market. The 50 units will be within 0.2 miles, walking and biking distance to public transportation, and to Amador Shopping Center with restaurants, a gym, a market, a pharmacy, a dental office, banking and coffee. Additional restaurants and a pharmacy are also within 0.2 miles of the entrance of the development. In addition, the location is convenient for drivers to access service stations, an oil change facility, and access to Highway 92 and Interstate 880. Furthermore, the change is consistent with General Plan Housing policy H-3.4 to provide residential uses close to services. Lastly, it is a policy of the Land Use and Community Character Element, policy LU-3.7 to encourage in-fill development to protect the character of existing neighborhoods.
(2) The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted polices and plans.
The rezoning of the parcel addressed 73 West Jackson Street and the zoning of the 11,326 square feet of vacated right-of-way would bring the zoning into conformance with the High Density Residential General Plan Designation. The Santa Clara Neighborhood Plan recognizes that the subject properties will be developed with residential densities similar to the High Density Residential Diamond Crossing Project. The reclassification of the Planned Development District to High Density Residential District implements General Plan Housing Element Goal H-2 of providing additional housing while implementing the Housing Element policies H-2.1 and H-3.4 of developing ownership housing and developing housing close to commercial areas and transportation routes. The project also is consistent with General Plan policy that encourages well-designed infill development.
Housing Chapter Goal and Policies
Goal H-2 Assist in the provision of housing that meets 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.
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.
Land Use and Community Character Chapter 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.
(3) The public streets and facilities existing or proposed area adequate to serve all uses permitted when the property is reclassified.
The proposed 50-unit condominium development has been designed to fit into the physical environment present on the site. Existing storm drain, water and sewer mains exist and will be relocated. Utility lines along Jackson Street are required to be undergrounded. The surrounding streets and utilities have adequate capacity to serve the proposed development. The development replaces warehouse and industrial uses creating a residential environment of sustained desirability and stability compatible with the adjacent Diamond Crossing townhome development and with the General Plan Land Use designation.
(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.
The reclassification of the Planned Development District to High Density Residential District will allow the removal of a remnant of the Diamond Crossing condominium development while facilitating the construction of the proposed in-fill High Density Residential project. Reclassification to High Density Residential will facilitate the removal of industrial uses next to existing residential while replacing less desirable uses with a more compatible use.
Findings for approval of Variance - A variance is requested to allow a 15-foot front yard setback adjacent to West Jackson Street in lieu of the minimum 20-foot front yard setback. In order for a Variance to be approved, the City Council must make required findings. As indicated below, staff believes the required findings can be made, and recommends that the Planning Commission recommends such findings can be made by the City Council.
(1) There are special circumstances applicable to the property including size, shape, topography, location, or surroundings, or other physical constraints.
On January 27, 2015, the City Council determined that a portion of the West Jackson frontage road was no longer needed for public street purposes and approved the vacation to facilitate the building of 50 condominiums. The City of Hayward will sell the portion to the developer upon the approval of the Vesting Tentative Tract Map. The units would be built on the vacated portion of this right-of-way. The units will be set back 15 feet from a 6-foot sound wall that will be adjacent to a 50- to 60 foot wide landscaped embankment and approximately 18 feet above the West Jackson Street roadway. The proposed grade separation will provide adequate noise mitigation, light, air, and privacy. In addition, the developer has agreed to landscape the entire 25,122-square-foot embankment and median.
(2) Strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity under the same zoning classification.
Adjacent to the subject property are the Diamond Crossing condominiums, which were developed on several parcels that were once zoned High Density Residential and Industrial prior to the current Planned Development Zoning (PD). The adopted PD permitted several setback exceptions including reduction of rear yards from the required 20-foot rear yard setback to a 15-foot rear yard setback, an 8-foot side yard setback for balconies where a 10-foot side yard setback was required, and 6-foot side yard setback from industrial property where a 20-foot setback is required. Therefore, granting of the variance to allow a 15-foot front yard setback where 20 feet is required would grant an exception that is similar to an exception granted on the adjacent property. In addition, policy H-3.6 of the Housing Element of the General Plan encourages flexibility of standards to provide a variety of housing types.
(3) The variance does not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.
Granting the 15-foot front yard setback where 20 feet is required would not result in a special privilege since similar variances were granted to facilitate the development of 117 two-and three-story condominiums at Diamond Crossing.
Findings for the Vesting Tentative Tract Map No 8240 - 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 8240, as conditioned, substantially conforms to the State Subdivision Map Act, the City’s Subdivision Regulations, the General Plan and the High Density Residential development standards.
(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. 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 Geotechnical Engineering Inc., dated October 7, 2013, 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.
(4) That the site is physically suitable for the proposed density of development. [Subdivision Map Act §66474(d)]
The preliminary geotechnical investigation performed by Geotechnical Engineering Inc., dated October 7, 2013, 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.
(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 Emergency Vehicle Access Easement adequately accommodated by the site design. The site lacks additional 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
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 High Density Residential and General Plan policies; the project occurs within the City limits and the project site of 2.6 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 noise, air quality or water quality since the site is adequately served by all required utilities and public services. A traffic study was completed that concluded that project is not expected to add a significant number of trips (approximately 26 a.m. peak hour trips and 31 p.m. peak hour trips).
PUBLIC OUTREACH
An Official Notice of Receipt of the project application was sent on February 17, 2015 to property owners, businesses and tenants within a 300-foot radius of the proposed project site. Staff received three inquiries from residents in the adjacent Diamond Crossing development. Three residents responded and two supported the project because they are looking forward to quieter nights without the sound of trucks loading and unloading at all hours of the day and night at the existing warehouse. One resident expressed a concern for an increase of traffic, but in general supported the project. Staff explained to the resident that it had been determined by the City Transportation Manager that a traffic study was not necessary. The third resident was concerned that the setbacks to property lines shared with the Diamond Crossing development, where she is a tenant, would allow buildings to be closer to her bedroom, thereby disrupting her privacy. Staff explained to the residents that the variance is for front yard setback of the buildings fronting on West Jackson Street, not the rear- or side yard setbacks of buildings adjacent to Diamond Crossing homes. These setbacks meet or exceed minimum standards.
On November 20, 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 Caltrans, Hayward Unified School District and Alameda County Flood Control and Water Conservation District among other agencies.
The preliminary meeting was held on December 10, 2015, that was attended by staff and the developer, the project engineer, and a Diamond Crossing Resident who is in support of the project.
On February 11, 2015, 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. Notice was also provided to Caltrans. As of the writing of this report, staff had not received additional comments.
NEXT STEPS
If the Planning Commission recommends approval of the project, staff will forward such recommendation to the City Council, which will hear the item at a noticed public hearing. If the Commission denies the project, such decision may be appealed to the City Council.
Staff contact
Prepared by: Arlynne J. Camire, AICP, Associate Planner
Approved by:

Sara Buizer, AICP, Planning Manager

David Rizk, AICP
Development Services Director
end
Attachments:
Attachment I Area and Zoning Map
Attachment II Vacation Map
Attachment III Recommended Conditions of Approval
Attachment IV Vesting Tentative Tract Map 8240 and Project Plans