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Planning Commission

Regular Meeting

Hayward, CA · September 12, 2019

AgendaMinutes

Minutes

Hayward City Hall CITY OF HAYWARD 777 B Street Hayward, CA 94541 www.Hayward-CA.gov Action Minutes Planning Commission Thursday, September 12, 2019 7:00 PM Council Chambers ROLL CALL Present 6- Mariellen Faria, Daniel Goldstein, Dianne McDermott, Angela Andrews, Gary Patton, and Ray Bonilla Jr. Absent 1- Julius Willis Jr. PUBLIC COMMENTS Alicia Lawrence PUBLIC HEARING 1. Proposed Establishment of an Off-Sale Retail Establishment (Wine Shop) with Ancillary On-Site Tastings Located at 1013 “B” Street, Assessor Parcel No. 428-0066-024-00. Paul Houston (Applicant); B Street Apartments Group LP (Property Owners), Requiring Approval of Conditional Use Permit Application No. 201903274. A motion was made by Commissioner McDermott, seconded by Commissioner Patton, to approve the staff's recommendation with an added condition of approval to read as follows, "The Operation shall not conduct and/or accept deliveries between the hours of 11 am and 2 pm, Monday through Friday". The motion carried by the following vote: Aye: 5- Faria, McDermott, Andrews, Patton, and Bonilla Nay: 1- Goldstein Absent: 1- Willis 2. Proposal to subdivide two existing parcels into 17 parcels to allow the construction of 12 detached single-family residences and five Accessory Dwelling Units (ADU) with common open space areas and related site improvements at 28571 & 29591 Harvey Avenue (APNs 464-0060-005-02 & 464-0060-006-00) requiring a Vesting Tentative Tract Map, Planned Development (PD) Rezone, Site Plan Review, and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program (MMRP). Application No. 201706649; Nuvera Homes (Applicant), Ngai Ming Wang (Owner). A motion was made by Commissioner McDermott, seconded by Commissioner Goldstein, to approve the staff recommendation with a modification to Condition of Approval No. 106B, on page 16, under the Utilities Section to read as follows, "The slope of sanitary sewer mains shall be approved by the Public Works & Utilities Department - Utilities Division". The motion carried with the following vote: Aye: 6- Faria, Goldstein, McDermott, Andrews, Patton, and Bonilla Absent: 1- Willis CITY OF HAYWARD Page 1 Thursday, September 12, 2019 A copy of the official minutes is available by contacting the Office of the City Clerk. Planning Commission Action Minutes September 12, 2019 APPROVAL OF MINUTES 3. Minutes of the Planning Commission Meeting of July 25, 2019 A motion was made by Commissioner Andrews, seconded by Commissioner Patton, to approve the Planning Commission Minutes of July 25, 2019. The motion carried by the following vote: Aye: 4- Goldstein, McDermott, Andrews, and Patton Absent: 1- Willis Abstain: 2- Faria, and Bonilla ADJOURNMENT Chair Faria adjourned the meeting at 8:14 p.m. CITY OF HAYWARD Page 2 Thursday, September 12, 2019 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 12, 2019 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, 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 the Planning Commission may make a recommendation to the City Council. CITY OF HAYWARD Page 1 Thursday, September 12, 2019 Planning Commission Agenda September 12, 2019 1. PH 19-073 Proposed Establishment of an Off-Sale Retail Establishment (Wine Shop) with Ancillary On-Site Tastings Located at 1013 “B” Street, Assessor Parcel No. 428-0066-024-00. Paul Houston (Applicant); B Street Apartments Group LP (Property Owners), Requiring Approval of Conditional Use Permit Application No. 201903274. Attachments: Attachment I Staff Report Attachment II Findings for Approval Attachment III Conditions of Approval Attachment IV Business Plan and Floor Plans 2. PH 19-072 Proposal to subdivide two existing parcels into 17 parcels to allow the construction of 12 detached single-family residences and five Accessory Dwelling Units (ADU) with common open space areas and related site improvements at 28571 & 29591 Harvey Avenue (APNs 464-0060-005-02 & 464-0060-006-00) requiring a Vesting Tentative Tract Map, Planned Development (PD) Rezone, Site Plan Review, and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program (MMRP). Application No. 201706649; Nuvera Homes (Applicant), Ngai Ming Wang (Owner). Attachments: Attachment I Staff Report Attachment II Findings for Approval Attachment III Conditions of Approval Attachment IV Final Initial Study-Mitigated Negative Declaration Attachment V Responses to Comments on the Draft IS-MND Attachment VI Mitigation Monitoring and Reporting Program Attachment VII Email from John Manrique Opposing Project Attachment VIII Project Plans APPROVAL OF MINUTES 3. MIN 19-110 Minutes of the Planning Commission Meeting of July 25, 2019 Attachments: Attachment I Draft Minutes of July 25, 2019 COMMISSION REPORTS Oral Report on Planning and Zoning Matters CITY OF HAYWARD Page 2 Thursday, September 12, 2019 Planning Commission Agenda September 12, 2019 Commissioners' Announcements, Referrals ADJOURNMENT NEXT MEETING, SEPTEMBER 26, 2019, 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 12, 2019

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