DATE: March 15, 2016
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Approval of Final Map Tract 8148 - Eden Shores Development, Phase I - associated with a previously approved Vesting Tentative Tract Map and proposed development of sixty-six single-family detached homes and common areas on a 8.25 acre portion of a 14.4 acre site at 2598 Eden Shores Boulevard, bounded by Eden Shores Boulevard, Marina Drive, Eden Park Place and Hesperian Boulevard; Pulte Group (Applicant/Owner)
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RECOMMENDATION
Recommendation
That the City Council adopts the attached resolution (Attachment I) that approves the Final Map 8148 - Eden Shores Development, Phase I, finding that it is in substantial conformance with the approved Vesting Tentative Tract Map 8148 and the conditions of approval thereof; and authorizes the City Manager to take other administrative actions and execute a Subdivision Agreement and such other documents as are appropriate to effectuate the required improvements for Phase I of the development.
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BACKGROUND
Per State Law, tentative and final maps are required for all subdivisions creating five or more parcels. A Tentative Tract Map is required to ensure that any proposed development complies with the Subdivision Map Act, the California Environmental Quality Act, Planned Development guidelines, the City’s Subdivision and Zoning ordinances, and Building regulations, the Hayward General Plan, and Neighborhood Plans, and the site specific requirements of the Planning, Public Works, Fire, and Police Departments.
After the Tentative Map and Precise Plan are approved, the developer submits the Final Subdivision Map and Improvement Plans for review and approval by the City Engineer (and subsequent recordation of the Final Map after Council review and approval) before proceeding with obtaining building permits for the construction of improvements. The developer is required to file a Tentative Map and Final map so that the sixty-six parcels can be sold or financed individually.
In 1998, the City of Hayward certified a Programmatic Environmental Impact Report (EIR) associated with the approval of the South of Route 92 General Plan Amendment, Zone Change and Specific Plan for the Oliver Estate/Weber Properties.
In 1999, the City approved and executed the Mount Eden Business and Sports Park Community Development Agreement in connection with the Oliver Estate properties. The original Specific Plan provided for a mixed-use development consisting of a business park, high-quality single-family housing, light manufacturing, open space and a twenty-five-acre sports park on 333.5 acres. The sports park and the Oliver West portion of the Eden Shores residential community have been completed.
In November 2005, the Specific Plan, Development Guidelines and Development Agreement were amended, as were the City’s General Plan and Zoning Ordinance, to allow for residential development (Eden Shores East - Bridgeport and The Crossings communities) on approximately twenty-nine acres formerly designated for light manufacturing just east of the railroad tracks. Those developments, consisting of 139 single-family units and 122 condominiums, respectively, have been completed.
In 2006, Legacy Eden Shores, which acquired the property from Standard Pacific, expressed an interest in exploring other potential land uses for the remaining undeveloped property, approximately sixty acres.
In October 2007, City Council approved a General Plan amendment, Specific Plan amendment, Development Guidelines revisions, Zone Change application, Zoning Text amendment, an amendment to the Mount Eden Business and Sports Park Community Development Agreement (Development Agreement), and adopted a Mitigated Negative Declaration, Initial Study, Mitigation Monitoring and Reporting Plan, Technical Memorandum, and Partial Assignment of the Development Agreement, associated with a request to build 167residential units (townhouse and single-family homes).
The October 2007 proposal also included providing future regional commercial, neighborhood retail, and business park-office space on undeveloped land generally located west of Hesperian Boulevard, along Marina Drive, south of Industrial Boulevard and north of Eden Park Place. The 2007 action resulted in all of this land being zoned “Business Park,” except for approximately 16.5 acres that contain the Costco store, gas station, and associated parking lot (approved on December 17, 2008), approximately 5.8 acres of undeveloped land directly south of the Costco site that is zoned “Neighborhood Commercial” (CN), and approximately 14.4 acres south of Eden Shores Boulevard and north of Eden Park Place that was at the time zoned “Medium Density Residential” (RM).
Per the Development Agreement approved in October 2007, the issuance of building permits for the development of the residential lots must be proportional to the construction of at least building shells within the regional commercial (Costco), neighborhood commercial and business park zones (east of Marina Drive). To date, the only development that has occurred within these zones is the Costco site, which equates to the proportional release of 58.4 percent of the area that carries a residential zoning designation. Phase I as proposed would comply with such restriction. Staff has heard that the property owner is developing plans for the remaining Business Park and Neighborhood Commercial sites, but no formal application has been made.
On April 14, 2014, the Planning Commission recommended approval of a Zone Change from Medium Density Residential to Planned Development and Vesting Tentative Tract Map 8148 for the Eden Shores project, with reliance on the previously adopted 2007 Mitigated Negative Declaration, Initial Study, Mitigation Monitoring and Reporting Program, and Technical Memorandum, for the subdivision and construction of 118 single-family detached homes (forty-nine less homes than approved in 2007).
On May 20, 2014, the City Council approved the project recommended by the Planning Commission.
On December 1, 2014, the Planning Director administratively approved a Modification to the previously approved Development Plan for the Eden Shores development, to create Phase I (sixty-six single family homes) and a future Phase II (fifty-two units); essentially, flip-flopping Phases I and II. This was done to allow the project to move forward while the Army Corps of Engineers could verify the location of wetlands.
DISCUSSION
Final Map - Tract 8148 is generally located at 2598 Eden Shores Boulevard, on a 14.4 acre parcel bounded by Eden Shores Boulevard, Marina Drive, Eden Park Place and Hesperian Boulevard (see Attachment II - Vicinity Map).
This first phase of the proposed development envisions construction of sixty-six single-family detached homes and common areas on 8.25 acres. This first phase will include the construction of water, sanitary sewer, and stormwater utilities to serve these sixty-six lots. Since Phase I represents only a portion of the ultimate development of the 14.4 acre parcel, there are some utility improvements which will only serve as interim connections to existing utility mains for Phase I of the project. When Phase II of the project is constructed, these interim connections will be replaced by permanent connections designed to handle the utility needs of the entire 118 lots. The construction of the permanent connections will be managed to ensure that there is no interruption in service to the sixty-six lots in Phase I.
The subdivision Improvement Plans and Final Map were reviewed by the City Engineer and were found to be in substantial compliance with the approved Tentative Map 8148, and in conformance with the Subdivision Map Act and Hayward’s regulations. The City Public Works Director has determined that there have not been significant changes to the Final Map, as compared to the Tentative Tract Map that the City Council approved in May of 2014.
The City Council’s approval of the Final Map shall not become effective until and unless the Developer enters into a Subdivision Agreement and posts bonds with the City for the construction of improvements and other obligations required per conditions of approval of the tentative tract map. The developer has also submitted subdivision bonds for the required tract improvements as required.
ECONOMIC AND FISCAL IMPACT
The Final Map approval is consistent with the approved project and the Final Map by itself, will not have a fiscal or economic impact beyond that identified in the original proposed project.
PUBLIC CONTACT
A public hearing is not required for the filing of a Final Map for Tract 8148. Public hearings were already conducted as part of the approvals of the Vesting Tentative Map Tract 8148 application, of which Final Map Tract 8148 is part.
NEXT STEPS
Assuming the City Council approves the Final Map (Phase I), the applicant will have the final map recorded, and commence the construction of improvements shown on the approved Improvement Plans, and ultimately pull permits and construct homes in Phase I.
At a future date, the developer intends to pursue additional development (Phase II) of the remainder of the 14.4 acre parcel (fifty-two units). This additional development will require a separate Final Tract Map application, which will be submitted to the City Council for review and consideration of approval.
Staff contact
Prepared by: Peter Rei, Contract Development Review Engineer
Reviewed by: Sara Buizer, AICP, Planning Manager
Recommended by: David Rizk, AICP, Development Services Director
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Approved by:
Fran David, City Manager
Attachments:
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Attachment I |
Resolution for Tract 8148 (Phase I) |
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Attachment II |
Location Map |
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Attachment III |
Site Map for Tract 8148 |