Planning Commission
Regular MeetingHayward, CA · September 12, 2019
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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