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Planning Commission

Regular Meeting

Hayward, CA · September 14, 2017

AgendaMinutes

Minutes

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Action Minutes Planning Commission Thursday, September 14, 2017 7:00 PM Council Chambers ROLL CALL Present 6- Heather Enders, Mariellen Faria, Daniel Goldstein, Dianne McDermott, Brian Schott, and Julius Willis Jr. Vacancy: One PUBLIC COMMENTS There were none. PUBLIC HEARING 1. Haymont Townhomes and Apartment Mixed-Use Project - Proposed subdivision and construction of 35 townhomes and a mixed-use building of 39 apartment units with 1,020 square feet of ground floor commercial use on a 2.7-acre project site located at 26601 Mission Boulevard (west side, north of Sorenson Road) Assessor Parcel Number (APN) 452-0036-30-05, requiring approval of an amendment to South Hayward BART/Mission Boulevard Form-Based zoning code (Article 24) to allow residential density transfer/averaging among like-zoned development sites in the Urban General transect zones T4 (17.5 DU/Acre min; to 35 DU/Acre max) and T5 (35 DU/Acre min; to 55 DU/Acre max); Site Plan Review; Warrants for: (1) roof pitch, (2) excess parking in the T4 zone, (3) glazing less than 30% for the first story along Mission Boulevard, and (4) parking within the Layer 2 setback area; and Vesting Tentative Map 8335. Application No. 201601022. Mitigated Negative Declaration. KB Home (Applicant) and DNS Capital Partners LLC/Robert Telles (Owner/Applicant). A motion was made by Commissioner Faria, seconded by Commissioner Willis Jr., to approve the staff recommendation with a modification to Condition 142 to modify the 60-day timeframe to begin following the 30-day California Environmental Quality Act (CEQA) statute of limitations. The motion passed by the following vote: Aye: 5- Faria, Goldstein, McDermott, Schott, and Willis Nay: 1- Enders Vacancy: One CITY OF HAYWARD Page 1 Thursday, September 14, 2017 A copy of the official minutes is available by contacting the Office of the City Clerk. Planning Commission Action Minutes September 14, 2017 2. Proposed Zoning Text Amendment (Application No. 201705042) to Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Municipal Code and Proposed Adoption of New Land Use Regulations pertaining to Medical and Adult Use Cannabis within the City of Hayward. A motion was made by Chair Enders, seconded by Commissioner McDermott, to approve the staff recommendation with further definition of the terms "open spaces and parks" in the ordinance, in order for distinction between open spaces and parks utilized by children and families as opposed to other uses. The motion carried by the following vote: Aye: 6- Enders, Faria, Goldstein, McDermott, Schott, and Willis Vacancy: One APPROVAL OF MINUTES 3. Minutes of the Planning Commission Meeting on July 13, 2017 A motion was made by Commissioner McDermott, seconded by Commissioner Willis Jr., to approve the Planning Commission Minutes of July 13, 2017. The motion carried by the following vote: Aye: 5- Faria, Goldstein, McDermott, Schott, and Willis Abstain: 1- Enders Vacancy: One 4. Minutes of the Planning Commission Meeting on July 27, 2017 A motion was made by Commissioner McDermott, seconded by Comissioner Faria, to approve the Planning Commission Minutes of July 27, 2017. The motion carried by the following vote: Aye: 4- Faria, McDermott, Schott, and Willis Abstain: 2- Enders, and Goldstein Vacancy: One ADJOURNMENT Chair Enders adjourned the meeting at 9:52 p.m. CITY OF HAYWARD Page 2 Thursday, September 14, 2017 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, September 14, 2017 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. CALL TO ORDER Pledge of Allegiance ROLL CALL PUBLIC COMMENTS 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 HEARING For agenda item No. 1 and No. 2 the Planning Commission may make a recommendation to the City Council. CITY OF HAYWARD Page 1 Thursday, September 14, 2017 Planning Commission Agenda September 14, 2017 1. PH 17-083 Haymont Townhomes and Apartment Mixed-Use Project - Proposed subdivision and construction of 35 townhomes and a mixed-use building of 39 apartment units with 1,020 square feet of ground floor commercial use on a 2.7-acre project site located at 26601 Mission Boulevard (west side, north of Sorenson Road) Assessor Parcel Number (APN) 452-0036-30-05, requiring approval of an amendment to South Hayward BART/Mission Boulevard Form-Based zoning code (Article 24) to allow residential density transfer/averaging among like-zoned development sites in the Urban General transect zones T4 (17.5 DU/Acre min; to 35 DU/Acre max) and T5 (35 DU/Acre min; to 55 DU/Acre max); Site Plan Review; Warrants for: (1) roof pitch, (2) excess parking in the T4 zone, (3) glazing less than 30% for the first story along Mission Boulevard, and (4) parking within the Layer 2 setback area; and Vesting Tentative Map 8335. Application No. 201601022. Mitigated Negative Declaration. KB Home (Applicant) and DNS Capital Partners LLC/Robert Telles (Owner/Applicant). Attachments: Attachment I Staff Report_updated Attachment II - Conditions of Approval Attachment III - Findings Attachment IV - Area & Zoning Map Attachment V - Project Plans Attachment VI - MND, MMRP, & Appendices Attachment VII - Ordinance 2. PH 17-085 Proposed Zoning Text Amendment (Application No. 201705042) to Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Municipal Code and Proposed Adoption of New Land Use Regulations pertaining to Medical and Adult Use Cannabis within the City of Hayward. Attachments: Attachment I Staff Report Attachment II Draft Zoning Text Amendments and Land Use Ord Attachment III Cannabis Land Use Summary Maps Attachment IV Public Survey Results APPROVAL OF MINUTES CITY OF HAYWARD Page 2 Thursday, September 14, 2017 Planning Commission Agenda September 14, 2017 3. MIN 17-119 Minutes of the Planning Commission Meeting on July 13, 2017 Attachments: Attachment I - Draft Minutes of July 13, 2017 4. MIN 17-120 Minutes of the Planning Commission Meeting on July 27, 2017 Attachments: Attachment I - Draft Minutes of July 27, 2017 COMMISSION REPORTS Oral Report on Planning and Zoning Matters Commissioners' Announcements, Referrals ADJOURNMENT NEXT MEETING, SEPTEMBER 28, 2017, 7:00PM 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. ***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.*** Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or TDD (510) 247-3340. CITY OF HAYWARD Page 3 Thursday, September 14, 2017

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