Planning Commission
Regular MeetingHayward, CA · December 17, 2015
Minutes
Hayward City Hall
CITY OF HAYWARD 777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Action Minutes
Planning Commission
Thursday, December 17, 2015 7:00 PM Council Chambers
ROLL CALL
Present 5- Heather Enders, Mariellen Faria, Al Parso-York, Brian Schott, and Julius Willis Jr.
Absent 2- Daniel Goldstein, and Dianne McDermott
SALUTE TO FLAG
PUBLIC COMMENT:
Kim Huggett
PUBLIC HEARINGS:
1. Proposed Demolition of a Portion of the Southeastern 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 (CBB20) District, Ashton Simmons (Applicant)/ Southland Mall L.P. (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: 5- Enders, Faria, Parso-York, Schott, and Willis
Absent: 2- Goldstein, and McDermott
2. Proposed subdivision and construction of six detached single-family homes around a central open space area located at
1151 Overlook Avenue requiring a zone change from Sustainable Mixed Use (SMU) to Planned Development (PD) and
approval of Tentative Tract Map 8244 - Overlook Terrace, LLC (Applicant/Owner)
A motion was made by Commissioner Faria, seconded by Commissioner Schott, to allow the item to go before
the City Council for a decision without a recommendation from the Planning Commission. The motion carried
by the following vote:
Aye: 4- Enders, Faria, Parso-York, and Willis
Nay: 1- Schott
Absent: 2- Goldstein, and McDermott
CITY OF HAYWARD Page 1 Thursday, December 17, 2015
A copy of the official minutes is available by contacting the Office of the City Clerk.
Planning Commission Action Minutes December 17, 2015
3. Amendments to the City of Hayward Livestock Regulations, including establishment of a revised, simplified permit
process for the keeping of bees, hens, and other small animals in residential areas.
A motion was made by Commissioner Willis Jr., seconded by Commissioner Enders, to approve the staff
recommendation with an amendment to include llamas in the language defining large livestock. The motion
carried by the following vote:
Aye: 5- Enders, Faria, Parso-York, Schott, and Willis
Absent: 2- Goldstein, and McDermott
APPROVAL OF MINUTES
6. There were none.
ADJOURNMENT
Chair Parso-York adjourned the meeting at 9:25 p.m.
CITY OF HAYWARD Page 2 Thursday, December 17, 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, December 17, 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.)
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Planning Commission Agenda December 17, 2015
PUBLIC HEARINGS:
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 15-062 Proposed Demolition of a Portion of the Southeastern 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 (CBB20) District, Ashton Simmons
(Applicant)/ Southland Mall L.P. (Owner).
Attachments: Attachment I Area and Zoning Vicinity Map
Attachment II Southland Mall Cinema Findings
Attachment III Southland Mall Cinema Conditions of Approval
Attachment IV Southland Mall Cinema Plans 08.24.15
Attachment V Proposed Cinema Elevation 09.18.15
Attachment VI Southland Mall Landscaping Plan 08.26.15
Attachment VII Southland Mall Cinema Traffic Memo
Attachment VIII Hayward Theater Analysis
Attachment IX Cinemark Letter
2. PH 15-102 Proposed subdivision and construction of six detached
single-family homes around a central open space area located
at 1151 Overlook Avenue requiring a zone change from
Sustainable Mixed Use (SMU) to Planned Development (PD)
and approval of Tentative Tract Map 8244 - Overlook Terrace,
LLC (Applicant/Owner)
Attachments: Attachment I: Area and Zoning Map
Attachment II - Proposed Conditions of Approval
Attachment III: Project Plans
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Planning Commission Agenda December 17, 2015
3. PH 15-105 Amendments to the City of Hayward Livestock Regulations,
including establishment of a revised, simplified permit process
for the keeping of bees, hens, and other small animals in
residential areas.
Attachments: Attachment I Revised Section 10-1.200
Attachment II Revised Section 10-1.300
Attachment III Revised Section 10-1.2700
Attachment IV Revised Definitions
Attachment V Proposed Fee Schedule
Attachment VI City Council Work Session Minutes
Attachment VII Planning Commission Work Session Minutes
Attachment VIII Public Comments Submitted
COMMISSION REPORTS:
4. Oral Report on Planning and Zoning Matters
5. Commissioners' Announcements, Referrals
APPROVAL OF MINUTES
6. None.
ADJOURNMENT
CITY OF HAYWARD Page 3 Thursday, December 17, 2015
Planning Commission Agenda December 17, 2015
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 Procedures
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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