File #: PH 18-028   
Section: Public Hearing Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 4/3/2018 Final action:
Subject: Adoption of a Resolution Associated with a Proposed Single-Family Residence on a Vacant 0.13-Acre Hillside Lot Located at 2398 Rainbow Court, Requiring Site Plan Review with Grading Permit and Variance Application No. PL 201705626; and the Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Siddiq Miakhail (Applicant).
Attachments: 1. Attachment I Staff Report, 2. Attachment II Resolution, 3. Attachment III Planning Commission Minutes, 4. Attachment IV Map, 5. Attachment V Plans, 6. Attachment VI Applicant Variance Findings and Letter, 7. Attachment VII Initial Study, 8. Attachment VIII Mitigation Monitoring and Reporting Program, 9. Attachment IX Geotechnical Report
DATE: April 3, 2018

TO: Mayor and City Council

FROM: Interim Development Services Director

SUBJECT
Title

Adoption of a Resolution Associated with a Proposed Single-Family Residence on a Vacant 0.13-Acre Hillside Lot Located at 2398 Rainbow Court, Requiring Site Plan Review with Grading Permit and Variance Application No. PL 201705626; and the Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Siddiq Miakhail (Applicant).

End
RECOMMENDATION
Recommendation

That the City Council adopts the attached Resolution (Attachment II), approving the Site Plan Review with Grading Permit and Variance Application for the proposed single-family residence, and adopting the related Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the proposed development.
End

SUMMARY

The applicant is requesting approval of a Site Plan Review (SPR) with Grading Permit, and a Variance (VA) of the required rear yard setback to allow the construction of a 2,672 square-foot, single-family residence with related on- and off-site improvements on a 0.13-acre (5,651 square-feet) vacant hillside parcel located at 2398 Rainbow Court (APN 425-0410-031-00).

Normally, SPR applications for single-family residences within the hillside areas are subject to administrative staff level review. However, the City Engineer determined the average slope of the property exceeds 20%, which requires City Council review for the Grading Permit, per Section 10-8.23 of the Hayward Municipal Code (HMC). Since the HMC does not allow staff to refer a SPR application to City Council without Planning Commission review, staff determined that both applications require Planning Commission review and City Council consideration. The Planning Commission reviewed this project application on March 22, 2018 and recommended approval of the proposed project.

An Initial Study was prepared and conclud...

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