Planning Commission
Regular MeetingHayward, CA · October 1, 2015
Minutes
Hayward City Hall
CITY OF HAYWARD 777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Action Minutes
Planning Commission
Thursday, October 1, 2015 7:00 PM Council Chambers
ROLL CALL
Present 7- Heather Enders, Mariellen Faria, Daniel Goldstein, Dianne McDermott, Al Parso-York, Brian Schott,
and Julius Willis Jr.
SALUTE TO FLAG
PUBLIC COMMENT:
Commissioner Enders
PUBLIC HEARINGS:
1. Proposed Demolition of a Portion of the Eastern Part of Southland Mall and Construction of a
New Five-Theater Cinema with Ancillary Beer and Wine Sales at One Southland Mall Drive,
requiring approval of a Conditional Use Permit in the Central Business with Special Lot
Standards Combining District for minimum 20,000 square foot lot (CBB20) District, Ashton
Simmons (Applicant)/ Southland Mall L.P. (Owner).
A motion was made by Commissioner McDermott, seconded by Commissioner Willis Jr., per staff
recommendation to continue this item to the regularly scheduled Planning Commission meeting on October
15, 2015. The motion carried by the following vote:
Aye: 7- Enders, Faria, Goldstein, McDermott, Parso-York, Schott, and Willis
2. Proposed subdivision and construction of 24 single-family homes on a 1.9-acre site at 23645
and 23653 Eden Avenue, requiring adoption of a Resolution and Introduction of an Ordinance
for a Zone Change from Medium Density Residential to Planned Development, Vesting
Tentative Tract Map 8242 and Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program. Tony Dutra, Dutra Enterprises, Inc. (Applicant/Owner), Ruben and Ruby
Dorris (Owners).
A motion was made by Commissioner McDermott, seconded by Commissioner Goldstein, to approve the staff
recommendation. The motion carried by the following vote:
Aye: 7- Enders, Faria, Goldstein, McDermott, Parso-York, Schott, and Willis
CITY OF HAYWARD Page 1 Thursday, October 1, 2015
A copy of the official minutes is available by contacting the Office of the City Clerk.
Planning Commission Action Minutes October 1, 2015
3. Proposed Subdivision and Construction of 18 Detached Single Family Homes on a 1.96 Acre
Parcel located at 24178 and 24570 Saklan Road, requiring a change to the zoning from RM
(Medium Density Residential) to PD (Planned Development), Vesting Tentative Tract Map No.
VTTM 8226, and Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program - Rick Rosenbaum, Lenox Homes, LLC (Applicant)/Ronald Depina Etal
(Owner)
A motion was made by Commissioner Willis Jr., seconded by Commissioner Schott, to approve the staff
recommendation. The motion carried by the following vote:
Aye: 7- Enders, Faria, Goldstein, McDermott, Parso-York, Schott, and Willis
APPROVAL OF MINUTES
6. Approval of Minutes of the Planning Commission Meeting on July 23, 2015.
A motion was made by Commissioner Schott, seconded by Commissioner Faria, to approve the meeting
minutes of July 23, 2015. The motion carried by the following vote:
Aye: 5- Enders, Faria, McDermott, Parso-York, and Schott
Abstain: 2- Goldstein, and Willis
ADJOURNMENT
Chair Parso-York adjourned the meeting at 8:21 p.m.
CITY OF HAYWARD Page 2 Thursday, October 1, 2015
A copy of the official minutes is available by contacting the Office of the City Clerk.
Agenda
Hayward City Hall
CITY OF HAYWARD 777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Agenda
Planning Commission
Thursday, October 1, 2015 7:00 PM Council Chambers
MEMBERS OF THE AUDIENCE WISHING TO ADDRESS THE PLANNING COMMISSION:
Obtain a speaker’s identification card, fill in the requested information, and give the card
to the Commission Secretary. The Secretary will give the card to the Commission Chair
who will call on you when the item in which you are interested is being considered. When
your name is called, walk to the rostrum, state your name and address for the record and
proceed with your comments. The Chair may, at the beginning of the hearing, limit
testimony to three (3) minutes per individual and five (5) minutes per an individual
representing a group of citizens for organization. Speakers are expected to honor the
allotted time.
ROLL CALL
SALUTE TO FLAG
PUBLIC COMMENT:
(The PUBLIC COMMENTS section provides an opportunity to address the Planning
Commission on items not listed on the agenda. The Commission welcomes your comments
and requests that speakers present their remarks in a respectful manner, within
established time limits and focus on issues which directly affect the City or are within the
jurisdiction of the City. As the Commission is prohibited by State law from discussing
items not listed on the agenda, your item will be taken under consideration and may be
referred to staff for further action.)
ACTION ITEMS:
(The Commission will permit comment as each item is called for Public Hearing. Please
submit a speaker card to the Secretary if you wish to speak on a public hearing item.)
PUBLIC HEARINGS:
CITY OF HAYWARD Page 1
Planning Commission Agenda October 1, 2015
For agenda item No. 1, the decision of the Planning Commission is final unless appealed.
The appeal period is 10 days from the date of the decision. If appealed, a public hearing
will be scheduled before the City Council for final decision. For agenda item No. 2 and
agenda item No. 3, the Planning Commission may make a recommendation to the City
Council.
1. PH 15-079 Proposed Demolition of a Portion of the Eastern Part of
Southland Mall and Construction of a New Five-Theater Cinema
with Ancillary Beer and Wine Sales at One Southland Mall
Drive, requiring approval of a Conditional Use Permit in the
Central Business with Special Lot Standards Combining District
for minimum 20,000 square foot lot (CBB20) District, Ashton
Simmons (Applicant)/ Southland Mall L.P. (Owner).
2. PH 15-031 Proposed subdivision and construction of 24 single-family
homes on a 1.9-acre site at 23645 and 23653 Eden Avenue,
requiring adoption of a Resolution and Introduction of an
Ordinance for a Zone Change from Medium Density Residential
to Planned Development, Vesting Tentative Tract Map 8242
and Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program. Tony Dutra, Dutra Enterprises, Inc.
(Applicant/Owner), Ruben and Ruby Dorris (Owners).
Attachments: Attachment I - Area and Zoning Map.pdf
Attachment II - Draft CONDITIONS OF APPROVAL.docx
Attachment III - Project Plans_.pdf
Attachment IV - Public Comments.pdf
3. PH 15-053 Proposed Subdivision and Construction of 18 Detached Single
Family Homes on a 1.96 Acre Parcel located at 24178 and
24570 Saklan Road, requiring a change to the zoning from RM
(Medium Density Residential) to PD (Planned Development),
Vesting Tentative Tract Map No. VTTM 8226, and Adoption of a
Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program - Rick Rosenbaum, Lenox Homes, LLC
(Applicant)/Ronald Depina Etal (Owner)
Attachments: Attachment I - Area And Zoning Map
Attachment II - Conditions of Approval
Attachment III - Initial Study MND MMRP.doc
Attachment IV - Comparison Chart.docx
Attachment V- Brookwood Plans.pdf
CITY OF HAYWARD Page 2
Planning Commission Agenda October 1, 2015
COMMISSION REPORTS:
4. Oral Report on Planning and Zoning Matters
5. Commissioners' Announcements, Referrals
APPROVAL OF MINUTES
6. MIN 15-006 Approval of Minutes of the Planning Commission Meeting on
July 23, 2015.
ADJOURNMENT
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any
public hearing item listed in this agenda, the issues in the lawsuit may be limited to
the issues which were raised at the City's public hearing or presented in writing to
the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE that the City Council has adopted Resolution No.
87-181 C.S., which imposes the 90 day deadline set forth in Code of Civil Procedure
section 1094.6 for filing of any lawsuit challenging final action on an agenda item
which is subject to Code of Civil Procedure section 1094.5.
NOTE: Materials related to an item on this agenda submitted to the Planning
Commission after distribution of the agenda packet are available for public
inspection in the Permit Center, first floor at the above address. Copies of staff
reports for agenda items are available from the Commission Secretary and on the
City’s website the Friday before the meeting.
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