Tuesday, October 18, 2022
7:00 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda
October 18, 2022City Council Agenda
CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.
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2. Live stream https://hayward.legistar.com/Calendar.aspx
3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:
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A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Wahab
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
October 18, 2022City Council Agenda
PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information Items. The Council welcomes 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 Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.
CONSENT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall First Floor Restroom Renovations in an Amount Not-to-Exceed $199,211
CONS 22-5581.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction &
Management for the Hayward Police Department Building
Improvement Project in an Amount Not-to-Exceed $246,326.65 Pursuant to a Cooperative Purchasing Agreement
CONS 22-5612.
Attachments: Attachment I Staff Report
Attachment II Resolution
October 18, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District for
Operations and Maintenance of City Lands Through June 30, 2023
CONS 22-5673.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Parks Covered by Master Lease
WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.
Density Bonus Update: Review and Discuss Updates to the City’s Density Bonus Ordinance for Compliance with State Density Bonus Laws (Report from Assistant City
Manager/Development Services Director Ott)
WS 22-0334.
Attachments: Attachment I Staff Report
Attachment II Summary of Density Bonus Modifications
Attachment III Recommendations Not Included DBO
Attachment IV Stakeholder Interview Comments
October 18, 2022City Council Agenda
PUBLIC HEARING
Allocation of Local Housing Trust Funds: (1) Adopt a
Resolution Approving Allocation of the California State Department of Housing and Community Development Local
Housing Trust Fund Grant Award to Mission Paradise in the Amount of $1,150,000; and Authorizing the City Manager to Negotiate and Execute Loan Documents Between the City of Hayward and EAH, Inc. in an Amount Not-to-Exceed $1,150,000 for the Development of Mission Paradise; and (2) Adopt a Resolution Approving Allocation of the California State Department of Housing and Community Development Local
Housing Trust Fund Grant Award to Parcel Group 8 Affordable Housing in the Amount of $2,645,161; and Authorizing the City Manager to Negotiate and Execute Loan Documents Between the City of Hayward and Resources for Community
Development in an Amount Not-to-Exceed $2,645,161 for the Development of Parcel Group 8 Affordable Housing (Report from Assistant City Manager Ott)
PH 22-0545.
Attachments: Attachment I Staff Report
Attachment II Mission Paradise Resolution
Attachment III Parcel Group 8 Resolution
LEGISLATIVE BUSINESS
Manon Avenue Townhomes: Adopt an Ordinance Amending
Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code by Rezoning Certain Property from Single Family Residential District to Medium Density Residential District in Connection with Zone Change, Density Bonus, and Site Plan Review Application No. 202101491 to Accommodate 22 Rental Townhomes at 27865 Manon Avenue (Report from
City Clerk Lens)
LB 22-0226.
Attachments: Attachment I Staff Report
Attachment II Summary of Published Notice
Attachment III Resolution with Revised Conditions of Approval
October 18, 2022City Council Agenda
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
ADJOURNMENT
NEXT MEETING, October 25, 2022, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their address to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
October 18, 2022City Council Agenda
PLEASE TAKE FURTHER NOTICE
That the City Council 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 the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
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 [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-558
DATE: October 18, 2022
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall First Floor Restroom Renovations in an Amount Not-to-Exceed $199,211
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $199,211.
SUMMARY
The City Hall First Floor Restroom Renovation project is part of the Facilities Capital Improvement Program (CIP) and supports the City’s commitment to provide facilities for employees and the public that are serviceable and in a good state of repair. The current project scope includes a complete restroom remodel of both the men’s and women’s restrooms on the first floor of City Hall. Built in 1997 and after 25+ years of use, City Hall’s restrooms, especially those on the lower floors most utilized by the public are showing signs of deterioration that are beyond repair and require a complete renovation.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/14/2022Page 1 of 1
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DATE: October 18, 2022
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall First Floor Restroom Renovations in an Amount Not-to-Exceed $199,211
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $199,211.
SUMMARY AND BACKGROUND
The City Hall First Floor Restroom Renovation project is part of the Facilities Capital Improvement Program (CIP) and supports the City’s commitment to provide facilities for employees and the public that are serviceable and in a good state of repair. The current project scope includes a complete restroom remodel of both the men’s and women’s restrooms on the first floor of City Hall. Built in 1997 and after 25+ years of use, City Hall’s restrooms, especially those on the lower floors most utilized by the public are showing signs of deterioration that are beyond repair and require a complete renovation.
DISCUSSION
Hayward City Hall, located at 777 B Street, will have the first floor Men’s and Women’s restrooms completely remodeled. The remodeling will consist of new waterless urinals, hands free faucets and flushometers for the toilets and basins, new basins, new low-maintenance flooring and wall tile, paint, ceiling tile, quartz counters, stainless steel partitions and mirrors.
The Facilities CIP has funding programmed in FY23-26 to remodel City Hall’s restrooms, one- floor per fiscal year over the next four years. To ensure uniformity, a similar renovation scope of work will be completed on each floor, ending on the fourth floor in FY26.
The City is proposing to use Sourcewell, formerly the National Joint Powers Authority (NJPA), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services including materials, equipment, and labor costs, to contract with Staples Construction Company for the remodel.
Sourcewell previously went through a competitive bidding process and awarded a contract to Acco Engineering. California Government Code Section 6500 et seq. authorizes public agencies to enter into an agreement to jointly exercise any power in common to public agencies, including participating in cooperative purchasing agreements, while still remaining within the City’s adopted rules and procedures for purchasing. A job walk was held, and Staples Construction Company submitted a proposal in the amount of $189,725. Additionally, the City is requesting a 5% project contingency in the amount of $9,486. Staff has reviewed this proposal and recommends a contract award not-to-exceed $199,211 and there is ample budget available in the FY23 Facilities CIP.
FISCAL IMPACT
The total project cost $199,211 will be funded through FY23 Facilities CIP.
CITY FACILITY UPDATE CIP #7222 PROJECT COSTS
Staples Construction Company $189,725
Contractor Contingency $9,486
TOTAL PROJECT COST $199,211
SUSTAINABILITY FEATURES
The City is committed to developing projects that are environmentally responsible.
Therefore, staff will ensure that the work scope proposed by the contractor incorporates features that are in line with the City’s sustainability guidelines.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure.
NEXT STEPS
Once the attached resolution is approved, City staff will negotiate and execute a not-to-exceed contract of $199,211 with Staples Construction Company for improvements to the City Hall first floor restrooms.
Prepared by: Allen Koscinski, Facilities Manager
Liz Sanchez, Management Analyst II
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH STAPLES CONSTRUCTION COMPANY FOR
THE CITY HALL FIRST FLOOR RESTROOM RENOVATION S IN AN AMOUNT NOT-TO-EXCEED $ 199,211 AND MAKING ASSOCIATED FINDING S
AUTHORIZING PROCUREMENT OF THE WORK THROUGH A COOPERATIVELY
PURCHASED CONTRACT
WHEREAS, the Facilities Capital Improvement Program is created to fund facility infrastructure projects with a focus on providing safe, clean and green facilities for employees and the public; and
WHEREAS, after 25 years of staff and public use , City Hall restrooms have aged beyond a point of normal repair; and
WHEREAS, Hayward Municipal Code section 2 -8.01 requires new construction in excess of $35,000 that results in adding space or capacity to an existing facility or that results in extending the useful life of an existing facility to be competitively bid, or alternatively for the work to be procured in the open market if the City Council deems it more beneficial or economical to do so; and
WHEREAS, the City proposes to use a contract that was cooperatively purchased by Sourcewell, a Minnesota public agency, formerly known as the National Joint Powers Authority (NJPA); and
WHEREAS, the City of Hayward is a long -time member of the Sourcewell JPA and is authorized by the Joint Exercise of Powers Act (Gov. Code 6500 et seq.) to enter into agreements with other public agencies, including out of the state agencies, to exercise common powers; and
WHEREAS, cooperative purchasing, sometimes referred to as “piggyback purchasing” is a process where the procurement is conducted by, or on behalf of, one or more public procurements units; and
WHEREAS, Sourcewell advertised a statewide competitive solicitation for bids to provide general building and construction services to Sourcewell/NJPA members throughout California, which yielded 32 bids from which Staples Construction Company was awarded a multi-year contract by Sourcewell; and
ATTACHMENT II
WHEREAS, this procurement method complies with the City of Hayward’s purchasing policies as well as the requirements of Municipal Code section 2 -8.01 relating to procuring works for new construction in the open market as an alternative to competitive bidding; and
WHEREAS, this project is categorically exempt from environmental review pursuant to section 15301 of the CEQA guidelines relating to minor altera tions of existing public structures or facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that pursuant to Hayward Municipal Code section 2 -8.01 it is more economical and beneficial to procure the work for the City Hall First Floor Restroom Renovations project by using Sourcewell’s cooperatively purchased contract with Staples Construction Company, rather than advertising for bids.
BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute an agreement with Staples Construction Company, in an amount not to exceed $199,211 for the City Hall First Floor Restroom Renovations project, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-561
DATE: October 18, 2022
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
..Title
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Hayward Police Department Building Improvement Project in an Amount Not-to-Exceed $246,326.65 pursuant to a Cooperative Purchasing Agreement
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Newton Construction & Management, in an amount not-to-exceed $246,326.65, pursuant to a cooperative purchasing agreement.
SUMMARY
This building improvement project is part of the Facilities Capital Improvement Program (CIP) and supports the City’s commitment to provide facilities for employees and the public that are serviceable and in a good state of repair. This facility has numerous areas with aging flooring and faded and chipping interior paint and this project will resolve high priority issues as identified by a staff working group.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/14/2022Page 1 of 1
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DATE: October 18, 2022
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Hayward Police Department Building Improvement Project in an Amount Not-to-Exceed $246,326.65 pursuant to a Cooperative Purchasing Agreement
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Newton Construction & Management, in an amount not-to- exceed $246,326.65, pursuant to a cooperative purchasing agreement.
SUMMARY AND BACKGROUND
This building improvement project is part of the Facilities Capital Improvement Program (CIP) and supports the City’s commitment to provide facilities for employees and the public that are serviceable and in a good state of repair. This facility has numerous areas with aging flooring and faded and chipping interior paint and this project will resolve high priority issues as identified by a staff working group.
DISCUSSION
The Police Department Headquarters, located at 300 W. Winton and which was built in 1975, needs refurbishing in select areas. The refurbishing will consist of carpet replacement in hallways and in offices where older carpet still exists. Complete interior painting in those same areas will also be completed as part of this project scope. Additional work includes ceiling tile, corner-guards and new chair-rails that will be replaced on multiple floors.
The City is proposing to use Sourcewell, formerly the National Joint Powers Authority (NJPA), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services, including materials, equipment, and labor costs, to contract with Staples Construction Company for the remodel.
Sourcewell previously went through a competitive bidding process and awarded a contract to Acco Engineering. California Government Code Section 6500 et seq. authorizes public
agencies to enter into an agreement to jointly exercise any power in common to public agencies, including participating in cooperative purchasing agreements, while still remaining within the City’s adopted rules and procedures for purchasing. A job walk was held, and Newton Construction & Management submitted a proposal via Sourcewell in the amount of $231,326,65. Additionally, staff is requesting a project contingency in the amount of $15,000.
Staff has reviewed this proposal and recommends a contract award not-to-exceed $246,326.65. There is ample budget available in the FY23 Facilities CIP to support this project as presented.
FISCAL IMPACT
The total project cost $246,326.65 will be funded through FY23 Facilities CIP.
HPD CIP #7224 PROJECT COSTS
Newton Construction & Management $231,326.65
Contractor Contingency $15,000.00
TOTAL PROJECT COST $246,326.65
SUSTAINABILITY FEATURES
The City is committed to developing projects that are environmentally responsible.
Therefore, staff will ensure that the work scope proposed by the contractor incorporates features that are in line with the City’s sustainability guidelines.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure.
NEXT STEPS
Once Council adopts the attached resolution, staff will work with Newton Construction & Management to execute the contract and move forward with the project.
Prepared by: Allen Koscinski, Facilities Manager
Liz Sanchez, Management Analyst II
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH NEWTON CONSTRUCTION &
MANAGEMENT FOR THE HAYWARD POLICE BUILDING FACILITIES PROJECT IN AN AMOUNT NOT -TO-EXCEED $ 246,326.65 AND MAKING ASSOCIATED
FINDINGS AUTHORIZING PROCUREMENT OF THE WORK THROUGH A
COOPERATIVELY PURCHASED CONTRACT
WHEREAS, the Facilities Capital Improvement Program is created to fund facility infrastructure projects with a focus on providing safe, clean and green facilities for employees and the public; and
WHEREAS, built in (1975), the Hayward Police building needs maintenance and repairs throughout the building: and
WHEREAS, Hayward Municipal Code section 2 -8.01 requires new construction in excess of $35,000 that results in adding space or capacity to an existing facility or that results in extending the useful life of an existing facility to be competitively bid, or alternat ively for the work to be procured in the open market if the City Council deems it more beneficial or economical to do so; and
WHEREAS, the City proposes to use a contract that was cooperatively purchased by Sourcewell, a Minnesota public agency, formerly known as the National Joint Powers Authority (NJPA); and
WHEREAS, the City of Hayward is a long -time member of the Sourcewell JPA and is authorized by the Joint Exercise of Powers Act (Gov. Code 6500 et seq.) to enter into agreements with other public age ncies, including out of the state agencies, to exercise common powers; and
WHEREAS, cooperative purchasing, sometimes referred to as “piggyback purchasing” is a process where the procurement is conducted by, or on behalf of, one or more public procurements units; and
WHEREAS, Sourcewell advertised a statewide competitive solicitation for bids to provide general building and construction services to Sourcewell/NJPA members throughout California, which yielded 32 bids from which Staples Construction Company was awarded a multi-year contract by Sourcewell: and
ATTACHMENT II
WHEREAS, this procurement method complies with the City of Hayward’s purchasing policies as well as the requirements of Municipal Code section 2 -8.01 relating to procuring works for new construction in the open market as an alternative to competitive bidding; and
WHEREAS, this project is categorically exempt from environmental review pursuant to section 15301 of the CEQA guidelines relating to minor alterations of existing public structures or facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that pursuant to Hayward Municipal Code section 2 -8.01 it is more economical and beneficial to procure the work for the Hayward Police Build ing facilities project by using Sourcewell’s cooperatively purchased contract with Newton Construction & Management, rather than advertising for bids.
BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute an agreement with Newton Construction & Management, in an amount not to exceed $246,326.65 for the Hayward Police Building facilities project, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-567
DATE: October 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands Through June 30, 2023
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District (HARD) through June 30, 2023...End
SUMMARY
The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks.
Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. The agreement had been renewed approximately every 10 years through 2021. In June 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks. Due to staffing vacancies and competing priorities related to the COVID -19 pandemic response, additional time was needed to negotiate a new agreement. In July 2022, Council authorized an extension through October 15, 2022. Staff from both agencies now request an additional extension through June 30, 2023, to negotiate a new Master Lease and Agreement. This extension allows for additional time to conduct a joint work session between the HARD Board and Hayward City Council in early 2023, which will inform the vision and priorities for the new agreement. Staff is seeking Council authorization to extend the existing agreement through June 30, 2023.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Parks Covered by Master Lease
CITY OF HAYWARD Printed on 10/14/2022Page 1 of 2
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File #:CONS 22-567
CITY OF HAYWARD Printed on 10/14/2022Page 2 of 2
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DATE: October 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands through June 30, 2023
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Man ager to negotiate and execute an extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District (HARD) through June 30, 2023.
SUMMARY
The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks. Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. The agreement had been renewed approximately every 10 years through 2021. In June 2021, Council authorized the City Manager to execute a one -year Master Lease with HARD for City -owned parks. Due to staffing vacancies and competing priorities related to the COVID -19 pandemic response, additional time was needed to negotiate a new agreement. In July 2022, Council authorized an extension through October 15, 2022. Staff from both agencies now request an additional extension through June 30, 2023, to negotiate a new Master Lease and Agreement. This extension allows for additional time to conduct a joint work session between the HARD Board and Hayward City Council in early 2023, which will inform the vision and priorities for the new agreement. Staff is seeking Council authorization to extend the existing agreement through June 30, 2023.
BACKGROUND
The Hayward Area Recr eation and Park Distri ct (HARD) was created in 1944 a s an independent special district under California law. HARD maintains and operates parks in the communities of Hayward, Castro Valley, San Lorenzo, Ashland, Cherryland, and Fairview.
HARD receives a portion of local property tax for its operations and capital improvements. In addition, voters passed Measure F1 in 2016, a $250,000,000 bond measure that authorizes funding for repairs, upgrades, and new construction projects to the District’s parks and facilities.
The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks. Through th at agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. That agreement was renewed approximately every 10 years through 2021.
There are currently 35 City-owned parks covered in the lease agreement. City-owned parks are a combination of legacy properties that the City has owned for decades, as well as parks that were es tablished as part of development agreements wh en the developer agreed to dedicate a portion of a project to a community park.
DISCUSSION
In June 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks. Previous agreements had not included operational standards for care and use of park premises. Because of this, staff proposed the agreement be for a one-year term and include a timeline and process to create operational standards that can be included in a future lease agreement.
Over the past year, HARD has provided basic aggregated data on programming and has developed standards for park maintenance . However, because of staff vacancies and competing priorities due to the COVID-19 pandemic, staff for both agencies have not had the capacity to facilitate a joint work session with Council and the HARD Board and to negotiate mutually agreed upon performance and reporting standards. Because of this, staff is recommending extending the existing lease th rough June 23, 2023, and is seeking Council authorization for the City Manager to execute this extension.
Staff anticipate scheduling a joint session of the HARD Board and Council in February or March 2023, which will allow time for the onboarding of new ly elected officials on both bodies. The joint session will allow both parties to develop a mutual understanding of their priorities and vision and to provide direction to staff for negotiations. Following the joint session, staff from HARD and the City will finalize a draft Master Agreement and Lease for Council review and adoption in May 2023.
FISCAL IMPACT
There is no fiscal impact as a result of this item.
NEXT STEPS
Once authorized by Council, the City Manager will execute the extension through June 30, 2023. Staff will return to Council in the first quarter of 2023 for a joint work session with the HARD Board to discuss mutual goals for parks in Hayward and provide direction for lease negotiations. Then City staff will work with HARD staff to finalize negotiations for the Master Agreement and Lease for Council to review and authorize in May 2023.
Prepared by: Amy Cole-Bloom, Management Analyst
Mary Thomas, Management Analyst
Recommended by: Regina Youngblood, Assistant City Manager
Approved by:
___________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIAT E AND
EXECUTE AN EXTENSION TO THE MASTER AGREEMENT AND LEASE WITH
THE HAYWARD AREA RECREATION AND PARK DISTRICT FOR OPERATIONS AND MAINTENANCE OF CITY LANDS THROUGH JUNE 30, 2023
WHEREAS, chapter 4 of division 5 of the Public Resources Code of the State of California authorizes and empowers any city and recreation district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and
WHEREAS, City and District entered into a Master Agreement an d Lease dated November 17, 1970, for the purpose of establishing and maintaining park sites within the City of Hayward; and
WHEREAS, that Agreement has been renewed every ten years with minor modifications to add or remove park sites , was extended for on e year from July 1, 2021, through June 30, 2022, and was further extended through October 15, 2022; and
WHEREAS, both City of Hayward’s City Council and District’s Board of Directors shall hold a joint working session prior to March 31, 2023, to provide s taff with direction from elected officials on goals of a new Master Agreement and Lease; and
WHEREAS, both City and District desire to extend the Master Agreement and Lease through June 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to n egotiate and execute a n extension to the current Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands through June 30, 2023, in a form app roved by the City Attorney.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
EXHIBIT A: CITY OF HAYWARD PARK SITES LEASED BY THE HAYWARD AREA RECREATION AND PARK
DISTRICT
PARK NAME ADDRESS ACRES APN(S)
1 Alden E. Oliver Sports
Park
2580 Eden Park Pl 24.52 456-0097-001-00
2 Bechtel Mini Park 27798 Ross Pl 0.77 452-0076-026-00, 452-0076-047- 00, 452-0076-025-00, 452-0076-
048-00
3 Birchfield Park* Santa Clara St and Winton
Ave
1.12 443-0005-076-00, 443-0015-001-
04 4 Canyon View Park Farm Hill Dr and Daisy Ct 5.41 081D-2081-069-00, 081D-2081- 068-00, 081D-2081-070-00, 081D-
1900-003-13
5 Children’s Park at Giuliani
Plaza
22738 Main Street ≈0.30 428-0066-049-00, part of 428-
0066-045-00
6 Christian Penke Park Tahoe Ave and Morningside
Dr
4.17 456-0050-059-00, 456-0046-109-
00 7 College Heights Park* 27020 Fielding Dr 1.99 081D-2086-058-00, 081D-2086- 059-00
8 Douglas Morrisson
Theatre*
N Third St @ Crescent Ave 0.17 415-0210-028-02
9 Eden Greenway #8* 25625 Cypress Ave 0.23 443-0075-035-02 10 Eldridge Park Hamrick Ln and Rieger Ave 3.44 454-0070-002-00 11 Fairway Greens Park 30504 Vanderbilt St 2.47 083-0221-050-01 12 Gordon E. Oliver Eden
Shores Park
2841 Sea Haven Ct 5.58 461-0036-003-00
13 Greenbelt Park/Trails Ward Creek Canyon 7.90 425-0350-001-01, 425-0350-001- 04, 425-0350-001-02, 425-0250-
037-00, 425-0250-036-00, 425-
0250-035-00
14 Greenwood Park Eden Ave & Middle Ln 3.45 441-0083-019-00, 441-0083-018- 00 15 Haymont Mini Park Colette St & Luvena Dr 0.43 452-0036-001-02 16 Hayward Area Senior
Center
22325 N 3rd St 0.97 Part of 415-0250-001-04
17 Jalquin Vista Park 28846 Bay Heights Rd 2.89 085A-6424-007-00
ATTACHMENT III
18 Japanese Garden N 3rd St and Crescent Ave 3.60 415-0250-001-04, 415-0230-038- 00, 415-0230-039-00
19 Kennedy Park 19501 Hesperian Blvd 14.53 432-0104-001-01 20 La Placita Park El Dorado Ave at Sonoma St ≈0.20 Public Right of Way 21 Longwood Park Leonardo Way and Reed
Way
2.93 432-0056-033-00
22 Matt Jimenez Community
Center1
28200 Ruus Rd 1.08 465-0001-009-05
23 Memorial Park and
Hayward Plunge
24176 Mission Blvd 33.96 445-0070-015-00, 445-0140-001- 00 24 Mission Hills of Hayward
Golf Course*
275 Industrial Parkway
West
39.09 078G-2651-017-02, 078G-2651-
016-00, 078G-2651-018-02, 078G-
2651-018-01, 078G-2651-006-01,
078G-2651-006-02
25 Nuestro Parquecito E 10th and Jefferson St 2.25 452-0084-110-01, 452-0080-055- 01, 452-0068-109-01
26 Palma Ceia Park 27600 Decatur Way 4.55 455-0060-032-01 27 Ruus Park Dickens Ave and Folsom
Ave
4.09 464-0040-003-00, 464-0035-013-
00 28 Shoreline Park* Breakwater Ave ≈0.10 438-0080-013-08 29 Sorensdale Park* 275 Goodwin St 12.7 452-0028-102-00, 452-0028-101- 00 30 Southgate Park* 26780 Chiplay Ave 3.85 455-0024-097-00, 455-0024-001- 00 32 Stratford Village Park Stratford Rd & Canterbury
Ln
2.34 464-0122-001-00, 464-0122-105-
00 33 Tennyson Park* Panjon St and Huntwood
Ave
9.61 465-0001-011-02, 465-0001-009-
06, 465-0001-011-01, 465-0005-
009-05
34 Twin Bridges Park 301 Arrowhead Way 2.11 078G-2651-019-00 35 Weekes Park and
Community Center
27182 Patrick Ave 14.65 453-0050-052-01, 453-0075-004- 05 1Exhibit C outlines specific provisions for the use of the Matt Jimenez Community Center *These ten parks are owned by multiple agencies. The maps below show in yellow which portions are owned by the City, and thus covered under this agreement.
ATTACHMENT III
Birchfield Park
College Heights Park
Douglas Morrisson Theater
ATTACHMENT III
Eden Greenway #8
Mission Hills Of Hayward Golf Course and Twin Bridges Park
Shoreline
ATTACHMENT III
Sorensdale Park
Southgate Park
Tennyson Park
ATTACHMENT III
All Hayward Parks by Ownership
ATTACHMENT III
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 22-033
DATE: October 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director
SUBJECT
Density Bonus Update: Review and Discuss Updates to the City’s Density Bonus Ordinance for Compliance with State Density Bonus Laws
RECOMMENDATION
That the Council provides feedback and guidance on staff’s recommended updates to the Density Bonus Ordinance, including the specific density bonus incentives and concessions contained within this staff report. Following this work session, staff will finalize the draft Ordinance, identify the amendments needed to Chapter 10, Article 19 of the Hayward Municipal Code to reflect these updates, and complete the California Environmental Quality Act (CEQA) analysis before returning to the Planning Commission for recommendation and Council for final consideration later this year.
SUMMARY
The City’s existing Density Bonus Ordinance adopted in 2005 does not conform with current State law.
The current State law, which is required to be implemented by local jurisdictions, offers more density, more incentives, and additional relaxed parking requirements to projects that qualify for the density bonus. The State’s Density Bonus formula takes precedence; however, the City can change the formula to offer a higher density bonus and more incentives for certain projects, but under no circumstances can the City offer smaller density bonuses or fewer incentives than the State formula mandates. Staff is proposing to update the City’s Density Bonus Ordinance to reflect three main changes:
• Exceed the State’s Density Bonus Maximum by 5% for all density bonus projects that provide on- site affordable units;
• Exceed the State's Density Bonus Maximum by 10% for projects that provide on-site affordable units and target special populations; and
• Increase the number of incentives/concessions for projects that exceed the minimum on-site affordable housing requirements under the City’s Affordable Housing Ordinance (AHO) in order to encourage development of more affordable units.
These recommendations are based on previous feedback provided by the Council, Planning Commission CITY OF HAYWARD Printed on 10/14/2022Page 1 of 2
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File #:WS 22-033
and the City’s Homelessness Housing Task Force (HHTF). Staff is also looking to streamline the review of Density Bonus applications and working on a policy for possible fee deferrals to offset upfront costs associated with affordable housing construction to help overall project feasibility. This work session is to obtain feedback from Council on staff’s recommended updates to the City’s Density Bonus Ordinance to incentivize affordable housing production and housing for several target populations. Following this work session, staff will finalize the draft Ordinance and related CEQA analysis before returning to Planning Commission and Council for final consideration later this year.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Proposed Density Bonus Modifications Attachment III Recommendations Not Included with Ordinance Update Attachment IV Stakeholder Interview Summary
CITY OF HAYWARD Printed on 10/14/2022Page 2 of 2
powered by Legistar™
DATE: October 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director
SUBJECT: Density Bonus Update: Review and Discuss Updates to the City’s Density Bonus Ordinance for Compliance with State Density Bonus Laws
RECOMMENDATION
That the Council provides feedback and guidance on staff’s recommended updates to the Density Bonus Ordinance, including the specific density bonus incentives and concessions contained within this staff report. Following this work session, staff will finalize the draft Ordinance, identify the amendments needed to Chapter 10, Article 19 of the Hayward Municipal Code to reflect these updates, and complete the California Environmental Quality Act (CEQA) analysis before returning to the Planning Commission for recommendation and Council for final consideration later this year.
SUMMARY
The City’s existing Density Bonus Ordinance adopted in 2005 does not conform with current State law. The current State law, which is required to be implemented by local jurisdictions, offers more density, more incentives, and additional relaxed parking requirements to projects that qualify for the density bonus. The State’s Density Bonus formula takes precedence; however, the City can change the formula to offer a higher density bonus and more incentives for certain projects, but under no circumstances can the City offer smaller density bonuses or fewer incentives than the State formula mandates. Staff is proposing to update the City’s Density Bonus Ordinance to reflect three main changes:
• Exceed the State’s Density Bonus Maximum by 5% for all density bonus projects that provide on-site affordable units;
• Exceed the State's Density Bonus Maximum by 10% for projects that provide on-site affordable units and target special populations; and
• Increase the number of incentives/concessions for projects that exceed the minimum on-site affordable housing requirements under the City’s Affordable Housing Ordinance (AHO) in order to encourage development of more affordable units.
These recommendations are based on previous feedback provided by the Council, Planning Commission and the City’s Homelessness Housing Task Force (HHTF). Staff is also looking to streamline the review of Density Bonus applications and working on a policy for possible fee
deferrals to offset upfront costs associated with affordable housing construction to help overall project feasibility. This work session is to obtain feedback from Council on staff’s recommended updates to the City’s Density Bonus Ordinance to incentivize affordable housing production and housing for several target populations. Following this work session, staff will finalize the draft Ordinance and related CEQA analysis before returning to Planning Commission and Council for final consideration later this year.
BACKGROUND
The City’s existing Density Bonus Ordinance adopted in 2005 does not conform with current State law. The current State law, which is required to be implemented by local jurisdictions, offers more density, more incentives, and additional relaxed parking requirements to projects that qualify for the density bonus. The State’s Density Bonus formula takes precedence; however, the City can change the formula to offer a higher density bonus and more incentives for certain projects, but under no circumstances can the City offer smaller density bonuses or fewer incentives than the State formula mandates. As part of this project, the current Density Bonus Ordinance, contained in Chapter 10, Article 19 of the Hayward Municipal Code, will need to be repealed and replaced with a new Density Bonus Ordinance that, at minimum, complies with State guidelines and reflects the direction previously provided by Council.
Additional details on State’s density bonus laws and the feedback received from the Council, Planning Commission, and HHTF are included below.
Summary of State Density Bonus
The Density Bonus Law1 is about creating a package of incentives intended to help make the development of affordable and other special needs housing economically feasible. The main incentives include permitting a density increase beyond the local limits, providing incentives or concessions that reduce development costs, and waiving development standards that prohibit development at the approved density. Cities are required to grant a density bonus and other incentives and/or concessions to projects which contain one of the following:
• At least 5% of the housing units are restricted to very-low-income residents. • At least 10% of the housing units are restricted to low-income residents. • At least 10% of the housing units in a for-sale common interest development are restricted to moderate-income residents.
• 100% of the housing units (other than manager’s units) are restricted to very-low, low, and moderate-income residents (with a maximum of 20% moderate-income). • At least 10% of the housing units are for transitional foster youth, disabled veterans, or homeless persons, with rents restricted at the very-low-income level. • At least 20% of the housing units are for low-income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very-low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. • The project is a senior citizen housing development (no affordable units required).
1 Meyers Nave Guide to California Density Bonus Law:
https://www.meyersnave.com/wp-content/uploads/California-Density-Bonus-Law_2022.pdf
• The project is a mobile home park, age-restricted to senior citizens (no affordable units required).
Projects that exceed the minimum requirements can get a higher density bonus and are eligible for additional incentives/concessions and waivers.
Joint City Council and Planning Commission Work Session. On February 1, 20222, the Council and Planning Commission held a Joint Work Session to review and discuss the updates to the City’s Density Bonus Ordinance for compliance with the State Density Bonus Laws and Residential Objective Standards. The Council and Planning Commission indicated support for:
1. Creating an ordinance that is flexible enough to accommodate future changes by citing State law instead of codifying the full state legislation;
2. Aligning the density bonus approval process with the standard entitlement process to streamline housing permitting;
3. Offering incentives above what State law offers;
4. Tailoring the Ordinance to meet Hayward’s housing needs; and
5. Pre-defining approved incentives/concessions.
Based on the feedback from the Council and Planning Commission, staff has developed a draft Ordinance that reflects changes in State law as well as streamlines the review of Density Bonus applications.
Some of the priorities identified by the Council and Planning Commission will be useful when negotiating community benefits related to some land use entitlements (Planned Development rezonings or General Plan Amendments), but in some cases, the priorities identified increase development costs instead of decreasing them and therefore are not relevant to the density bonus. Details about the development priorities which are not included in the discussion of the density bonus project are included in Attachment III.
Homelessness Housing Task Force. On June 29, 20223, the HHTF held a work session to review several options proposed by staff related to updates to the City’s Density Bonus Ordinance. In general, the HHTF supported incentives for certain target populations (senior housing, student housing, and family housing), supported incentives for universal design, and supported additional concessions/incentives to help make projects more feasible.
In response to HHTF feedback, staff refined the recommendations and streamlined the proposed Ordinance to allow applicants more flexibility in obtaining these incentives and help administration of the density bonus program be more efficient for staff. Additional analysis of these components is detailed below.
DISCUSSION
Based on the feedback from the Council, Planning Commission, and HHTF, staff is proposing four main changes to the City’s Density Bonus Ordinance to provide cost saving incentives
2 February 1, 2022, Joint Session Staff Report and Attachments https://hayward.legistar.com/LegislationDetail.aspx?ID=5397460&GUID=B175606F-4591-4D2E-B41A-328BD292B038&Options=&Search= 3 June 29, 2022, Homelessness Housing Task Force
https://hayward.legistar.com/MeetingDetail.aspx?ID=984031&GUID=DE1B9C86-30F8-45F0-AF24-276EF93176B6&Options=info|&Search=
that could increase the percentage of on-site affordable housing and/or deepen the level of affordability served. Staff believes the proposed density bonus increase, coupled with the additional incentives/concessions to encourage the development of on-site affordable units and streamlining the review of applications, will help incentivize construction of housing in Hayward with a focus on the inclusion of on-site affordable units for development projects. A comparison of the State’s existing Density Bonus regulations and the proposed Hayward regulations are detailed below and summarized in tables included as Attachment II.
Additional Density Bonus For On-Site Affordable Units
As part of the update to the City’s Density Bonus Ordinance, staff is recommending a 5% density bonus increase over the maximum density bonus for projects that meet the State’s criteria and provides on-site affordable units. While applicants currently have the option to pay an inclusionary in-lieu fee or provide on-site affordable units in order to meet the City’s Affordable Housing Ordinance, staff recommends a higher density bonus be provided for applicants who choose to provide units on-site at levels necessary to achieve the maximum density bonus. Not only will this option support the construction of additional housing to assist the City to meet its Regional Housing Needs Assessment (RHNA) requirement, but will also create additional affordable units throughout the City, which is essential given the ongoing housing crisis throughout the State.
Additional Density Bonus for Special Target Populations Staff is also recommending an additional density bonus for projects that both meet the State’s criteria for a maximum density bonus and target special needs populations. The State Density Bonus Law currently incentivizes the development of senior housing, student housing, and housing for foster youth, disabled veterans, and people experiencing homelessness by allowing a 20 to 35 percent increase in density and, in some cases, without any affordable housing targets. Based on the feedback from the Council, Planning Commission, and HHTF, there is interest in creating additional density bonus for housing that accommodates certain target populations, including those people with disabilities, affordable student housing, senior housing, mixed-income rental projects that provide more than 20% of the rental units for 3+ bedrooms, and projects that incorporate universal design principals. The feedback received is also consistent with the findings of the Displacement Study4, which identified a need for additional housing for certain populations. To further incentivize the construction of housing for these target populations, staff is recommending an additional 5% increase, in addition to the 5% baseline increase, for a 10% total density bonus increase for projects that serve these populations, which would be over and above the State’s maximum. Staff does not recommend increasing the density bonus for market rate senior projects in order to encourage instead the development of affordable senior housing units. The recommended density bonus increases for Hayward are provided in in Attachment II.
Increase the Number of Incentives/Concessions for On-Site Affordable Units
4 Displacement Study:
https://www.hayward-ca.gov/sites/default/files/documents/Hayward-Displacement-Study-w- Appendix.pdf#:~:text=The%20City%20of%20Hayward%20Displacement%20study%20provides%20a,analysis%2C%20the%20study%20co mpares%20Alameda%20County%20and%20Hayward.
In addition to the recommended increases in Density Bonus for projects that provide on-site affordable units, staff is also recommending projects receive an additional incentive or concession to help project feasibility. Per current State law, cities are required to provide one or more “incentives” or “concessions” to each project which qualifies for a density bonus (except for market rate senior projects with no affordable units, and land donated for very- low-income housing). A concession/incentive is defined as:
A reduction of site development standards or a modification of zoning code or architectural design requirements, such as a reduction of minimum square footage requirements;
Approval of mixed-use zoning; or
Other regulatory incentives or concessions which result in identifiable and actual cost reductions.
The number of required incentives/concessions is based on the percentage of affordable units. The City is required to grant the incentives/concessions proposed by the developer unless it finds that the proposed concession or incentive does not result in identifiable and actual cost reductions, would cause a public health or safety problem, would cause an environmental problem, would harm historical property, or would be contrary to law.
In response to recommendations from the Council, Planning Commission, and HHTF, staff has revised the previous approach for pre-defined incentives to provide applicants with more flexibility and be less prescriptive, as shown in Attachment II. For projects that are 100% affordable or exceed the City’s Affordable Housing Ordinance requirements by providing more on-site affordable units or units that provide deeper levels of affordability, staff is recommending that one additional incentive/concession be provided. Some of the types of requests that could be realized from the additional concession include, but are not limited to:
A reduction in the amount of commercial space required for mixed use projects; Increased building height near public transit areas, including Downtown; and A reduction in the amount of open space typically required.
The HHTF was generally supportive of allowing greater flexibility with the three examples noted above and believes this could help improve project feasibility.
Streamlined Density Bonus Process
To apply for a density bonus under the City’s current Ordinance, an applicant must submit a Density Bonus Application, along with a description of what is being requested, why the project qualifies, an administrative fee as specified in the Master Fee Schedule, and several other required documents. All Density Bonus applications in the City are reviewed and approved by the Planning Commission by default. However, the application moves to the Council if the project involves another permit or entitlement requiring Council approval, such as a rezoning or General Plan Amendment. In the latter case, the Planning Commission makes a recommendation to the Council regarding project approval or denial and adoption of any applicable CEQA documents, including a recommendation on the density bonus request.
Staff proposes that applications under this newly recommended ordinance would be considered by the lowest approving body, which in straightforward cases may be an
administrative staff approval. Streamlining density bonus applications could save the developer and City time and money and it supports the goals identified in the two housing work plans adopted by Hayward by incentivizing housing production.
Fee Waivers (impact fees such as traffic and park fees). Council has already approved waiver of park fees and traffic impact fees for 100% affordable housing projects and reduction of fees for the on-site affordable housing units provided as part of a mixed-income project.
Developers would not need to request this concession, but staff would promote this incentive to incentivize on-site affordable housing.
Fee Deferral (utility, sewer, water, and infrastructure connections). Although utility fee deferral is not part of the actual Municipal Code update staff is proposing, deferral of some utility connection fees would help off-set some upfront financial obligations that applicants are required to pay. Currently, utility connection fees are due prior to installation of the meter and are necessary for maintaining infrastructure. These fees could be deferred for the affordable units until issuance of certificate of occupancy and would be made a condition of project approval. Deferral of fees saves the developer the cost to finance the fees. Staff is currently working with the Public Works Department to determine if this remains a viable option and to ensure that risk of non-payment is minimized, but if supported by Council, staff would promote this option to developers in the event on-site affordable units are provided.
Staff envisions this would be accomplished by requiring the developer to sign an agreement that would be recorded to title of the property along with a lien or deed of trust. This would prevent sale of the property prior to payment of the connection fee due to the City.
STRATEGIC ROADMAP
In January 2020, the Council adopted six Strategic Priorities as part of its three-year Strategic Roadmap. This agenda item supports the Strategic Priority of Preserve, Protect and Produce Housing for all. Specifically, this item relates to the implementation of the following:
Project 4: Implement housing incentives and production work plan in accordance to state housing limits
Project 4b: Amend Density Bonus Ordinance
FISCAL IMPACT
The budget for this project is $75,000, which is covered and paid through a State Housing and Community Development SB2 Planning Grant awarded in 2019. At this time, staff does not anticipate any additional costs associated with this project or fiscal impacts to the City’s General Fund.
PUBLIC CONTACT
Outreach to Housing Developers. Revisions to the Density Bonus will only be effective if the proposed changes are useful to developers. In response to the Council and Planning Commission’s direction, staff conducted outreach to twenty housing developers, including affordable/non-profit, and market-rate housing developers, which consisted of a survey with
the following seven questions emailed to the developers on May 6, 2022, with interviews scheduled from May 9, 2022, to May 18, 2022:
What cost savings concessions would incentivize more affordable units, deeper affordability or some of the other City Priorities listed below? Would you like to have more concessions than is currently allowable under State Density Bonus Law?
Do you have any experience in other cities using expedited entitlement process - explain how that process works compared to our normal process? Would it be beneficial to have a density bonus that exceeds 50% for mixed-income projects?
Do you have any examples of fee waiver, reduction, or deferral programs that have been implemented in other Cities?
Would a Density Bonus encourage you to set aside 20% of the units for students? Would increase incentives improve your ability/desire to provide on childcare facility? If so, what would that look like?
Of the twenty housing developers, three affordable/non-profit housing developers and three market-rate developers responded to staff’s survey and were interviewed. Depending on the type of developer (market-rate, affordable, non-profit), the challenges and suggestions for development of housing vary. A summary of the feedback received from those interviews is included as Attachment IV.
NEXT STEPS
Following this work session, staff will finalize the draft Ordinance and complete the CEQA analysis before returning to the Planning Commission for additional feedback prior to presenting to the Council for final consideration later this year. Following adoption, staff will work with our consultant team to create two informational documents to aid developers and staff in processing these applications. The documents will include a developer checklist and an informational handout which can be updated, as needed, in response to changes to State law.
Prepared by: Jeremy Lochirco, Planning Manager
Christina Morales, Housing Division Manager
Rozalynne Thompson, Senior Planner
Recommended by: Jennifer Ott, Assistant City Manager/Development Services Director
Approved by:
________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
SUMMARY OF PROPOSED DENSITY BONUS MODIFICATIONS
Existing State Density Bonus vs. Proposed Hayward Density Bonus Increase overall density bonus and provide additional density bonus increase for projects with special targeting of certain populations. Special targeting includes:
Mixed income rental projects that provide more than 20% of the rental units for large families (3+ bedrooms).
Mixed income projects incorporating universal design principles Mixed income senior housing
Mixed income college student housing
Mixed income housing with unit set-asides for foster youth, disabled vets, or individuals experiencing homelessness
Target Population
Served State
Density Bonus
State Required
Restricted
Affordable Units
State maximum
Density
Increase
Proposed
Hayward
Maximum
Density
Proposed Hayward
Maximum Density
Increase for Special
Targeting
Very Low Income 15% 50% 55% 60%
Low Income 23% 50% 55% 60%
Moderate Income 44% 50% 55% 60%
Foster
Youth/Disabled
Vets/Unhoused
people
10% restricted at
very low Income
20% 25% 30% (15%
restricted at very
low income)
College Students 20% Low-Income
Student
35% 40% 45% (25%
restricted low-
income students)
Market Rate
Senior*
No Income
Restriction
20% n/a n/a
*Senior projects that include affordable units would be eligible for increased density bonus based on income targeting.
Existing State Incentives/Concessions vs. Proposed Hayward Incentives/Concessions to Encourage Onsite Affordable Housing
Increase the number of Incentives available to encourage developers to exceed minimum requirement of on-site affordable housing. Incentives and concessions reduce development costs improving project feasibility.
No. of Incentives/
Concessions
Required by State
Proposed No.
of Incentives/
Concessions
Percentage of
VLI Units
Percentage of
LI Units
Percentage of
MI Units
1 1* 5% 10% 10%
2 3 10% 17% 20%
3 4 15% 24% 30%
4 5 100% (LI/VLI) or
100% (MI 20% /LI 80%)
*The first tier is not increased because compliance with the Affordable Housing Ordinance’s on-site affordable housing requirement make the project eligible for one incentive/concession.
ATTACHMENT III
RECOMMENDATIONS THAT ARE NOT PART OF THE DENSITY BONUS UPDATE
Project Amenities
Recommendation: Consider Density Bonus for project that provide certain project amenities, such as public art, dog parks, open space, etc.
Staff Response: While the Council and Planning Commission suggested that providing amenities such as dog parks, public art, and recreation/open space could qualify a project to eligible for a density bonus, amenities such as these increase the cost of projects. One option to provide broader flexibility with the development standards and incentivize the incorporation on-site amenities could be to have applicants apply for Planned Development zoning (PD) and/or a General Plan
Amendment. Most PD rezonings are applied for when the project is seeking additional flexibility on adopted development standards and these features could be considered as a public benefit when a PD application is submitted.
On-Site Affordable Units
Recommendation: Require affordable housing units to be provided on-site.
Staff Response: While the updated Density Bonus Ordinance will help support and incentivize the construction of on-site affordable units, the requirements to provide those affordable units on-site is currently under review as part of an update to the City’s Affordable Housing Ordinance (AHO). Staff expects a draft of the updated AHO to be completed in early 2023.
Fee Assessment
Recommendation: Look at fees on a square footage basis rather than a per unit basis.
Staff Response: While the Density Bonus Ordinance does contain recommendations for fee waivers or deferrals, the assessment of impact fees or other permit fees are often tied to nexus studies, which will determine the appropriate amount of fees charged and is codified as part of the City’s Master Fee Schedule. While many development-related fees are based on square footage or per unit basis, the Density Bonus update will not determine how impact fees are assessed.
Property Transfer Tax
Recommendation: Increase Property Transfer Tax
Staff Response: The intent to the Density Bonus Ordinance is to either increase revenue or decrease development costs tied to affordable housing or housing tied to special needs populations. Property transfer taxes are not directly or indirectly tied to the Density Bonus Ordinance update.
ATTACHMENT III
RECOMMENDATIONS THAT ARE NOT PART OF THE DENSITY BONUS UPDATE
Applicable Income Levels
Recommendation: Use Hayward income levels rather than area median income as a measure, since Hayward income is lower than Alameda County Staff Response: The State Density Bonus laws dictate the income levels/limits to be used for affordable housing.
Speculative Investments
Recommendation: Prevent speculative investment
Staff Response: Staff is currently exploring options tied to the Strategic Roadmap to preserve, protect, and produce housing.
Parking
Recommendation: No parking reduction and concerns about equity implications of not giving low-income units as much parking.
Staff Response: While the State already allows projects that qualify for a Density Bonus application to have a reduced parking ratio by right, the update to the Density Bonus Ordinance is not proposing any additional limitations or restrictions on project specific parking requirements.
Staff is currently working to develop Objective Standards and as part of that project, parking regulations will be studied.
Displacement
Recommendation: Make sure residents are not displaced
Staff Response: Recently adopted SB330 legislation requires any housing units demolished that were occupied by protected tenants be replaced and additionally, the city has adopted a tenant assistance ordinance to provide tenant relocation assistance in the event they are displaced due to no-fault eviction or temporarily displaced due to renovations.
Project Financing
Recommendation: Banks may not lend to market rate buyers purchasing in a building with subsidized units
Staff Response: The City does not have the authority to regulate financial institutions but there are existing federal programs and lending criteria that allow for financing approval for restricted units.
Attachment IV
STAKEHOLDER INTERVIEW COMMENTS
Market-Rate Developers:
Challenges:
- City’s mixed use ordinance requirements are difficult to meet and, in some cases, has led a project/deal to fall through. Difficult to finance commercial component – specifically, commercial size requirement.
- Developer expressed that there isn’t a lot of land that is available and buildable:
o For student housing, it’s difficult to find sites due to CSU requirement (master lease and project site must be within 1 mile from university). o Considered areas of “downtown” but turned away due to high environmental review/clean-up costs.
- Mixed-use projects are desirable but very difficult to finance due to the layering of funding and regulatory requirements from various funding sources/programs.
Suggestions:
- Reduce commercial size requirement(s) in mixed-use ordinance. - Establish case manager in CMO to facilitate expedited review for projects. Example provided – SJ and LA.
o Example shared about SJ – Project successfully expedited and streamlined entitlement through a program like such and the city had environmental review completed for project site/area. Also, city waived affordable fees estimating at $4M.
Affordable/Non-Profit Developers:
Challenges:
- High impact fees – Affordable developers get specific impact fees waived but further waiving fees related to entitlement would be helpful and reduce overall development cost.
- Adapting to changing development requirements. Difficult for developers to adapt – logistics and budget.
- NIMBY-ism/community opposition.
- Public art requirement can pose challenges related to prevailing wages/D. Bacon. - Open space and parking requirements are challenging – budget and project site size.
Suggestions:
- Reduce, waive, or defer payment of impact fees/city fees. o Example shared about Fremont – City deferred fees for developer to pay fee after project closing via agreement between City and developer. Estimated fee that was deferred - $2M.
- Be mindful of economy of scale – Although there are incentives for including deeper affordability and denser buildings, projects need to be financially feasible, and developer needs to have appropriate capacity to carry on project at large scale. - Provide clear confirmation of requirements up front and the timing associate with the requirement.
- Waive open space and parking requirements.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 22-054
DATE: October 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Allocation of Local Housing Trust Funds: (1) Adopt a Resolution Approving Allocation of the California State Department of Housing and Community Development Local Housing Trust Fund Grant Award to Mission Paradise in the Amount of $1,150,000; and Authorizing the City Manager to Negotiate and Execute Loan Documents Between the City of Hayward and EAH, Inc. in an Amount Not-to-Exceed $1,150,000 for the Development of Mission Paradise; and (2) Adopt a Resolution Approving Allocation of the California State Department of Housing and Community Development Local Housing Trust Fund Grant Award to Parcel Group 8 Affordable Housing in the Amount of $2,645,161; and Authorizing the City Manager to Negotiate and Execute Loan Documents Between the City of Hayward and Resources for Community Development in an Amount Not-to-Exceed $2,645,161 for the Development of Parcel Group 8 Affordable Housing
RECOMMENDATION
That the Council holds a public hearing and:
1. Adopts a resolution (Attachment II) to approve the allocation of California State Department of Housing and Community Development (HCD) Local Housing Trust Fund (LHTF) Program grant award to Mission Paradise in the amount of $1,150,000; and to authorize the City Manager to negotiate and execute loan documents between the City of Hayward and EAH in an amount not-to- exceed $1,150,000 for the development of Mission Paradise; and
2. Adopts a resolution (Attachment III) to approve the allocation of HCD LHTF Program grant award to Parcel Group 8 Affordable Housing in the amount of $2,645,161; and to authorize the City Manager to negotiate and execute loan documents between the City of Hayward and Resources for Community Development (RCD) in an amount not-to-exceed $2,645,161 for the development of Parcel Group 8 Affordable Housing.
SUMMARY
Like many cities in the Bay Area, a rise in Hayward’spopulation absent a corresponding rise in housing units has contributed to soaring home prices and a lack of affordable housing for our most vulnerable populations. Based on Council authority received on July 20, 2021, the City leveraged funds it allocated CITY OF HAYWARD Printed on 10/14/2022Page 1 of 2
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File #:PH 22-054
populations. Based on Council authority received on July 20, 2021, the City leveraged funds it allocated for EAH’s Mission Paradise and RCD’s Parcel Group 8 Affordable Housing as matching funds to successfully apply for the 2021 HCD LHTF Program Notice of Funding Availability (NOFA). The City applied for the LHTF intending to fund EAH’s Mission Paradise and RCD’s Parcel Group 8 because the projects met the funding requirements and the City’s existing contributions to the projects made the application highly competitive for the funding award. On December 23, 2021, HCD awarded the City $3,994,906, to be awarded consistent with the grant application. The purpose of this public hearing is to review and approve the projects proposed for LHTF allocations as required by HCD. Consistent with the funding application and award, the City proposes to allocate the LHTF funds and enter into loan agreements for the following amounts:
1. $1,150,000 to EAH for the development of Mission Paradise which will provide 75 units of affordable senior housing; and
2. $2,645,161 to RCD for the development of Parcel Group 8 Affordable Housing to provide 105 units of affordable housing.
The balance of the LHTF funds in the amount of $199,745 will be utilized to cover the City’s cost of administering the program.
ATTACHMENTS
Attachment I Staff Report
Attachment II Mission Paradise Resolution
Attachment III Parcel Group 8 Resolution
CITY OF HAYWARD Printed on 10/14/2022Page 2 of 2
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DATE: October 18, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Allocation of Local Housing Trust Funds: (1) Adopt a Resolution Approving Allocation of the California State Department of Housing and Community Development Local Housing Trust Fund Grant Award to Mission Paradise in the Amount of $1,150,000; and Authorizing the City Manager to Negotiate and Execute Loan Documents Between the Ci ty of Hayward and EAH, Inc. in an Amount Not-to-Exceed $1,150,000 for the Development of Mission Paradise; and (2) Adopt a Resolution Approving Allocation of the California State Department of Housing and Community Development Local Housing Trust Fund Gran t Award to Parcel Group 8 Affordable Housing in the Amount of $2,645,161; and Authorizing the City Manager to Negotiate and Execute Loan Documents between the City of Hayward and Resources for Community Development in an Amount Not -to-Exceed $2,645,161 for the Development of Parcel Group 8 Affordable Housing
RECOMMENDATION
That the Council holds a public hearing and:
1. Adopts a resolution (Attachment II) to approve the allocation of California State Department of Housing and Community Development (HCD) Local Housing Trust Fund (LHTF) Program grant award to Mission Paradise in the amount of $1,150,000; and to authorize the City Manager to negotiate and execute loan documents between the City of Hayward and EAH in an amount not-to-exceed $1,150,000 for the development of Mission Paradise; and
2. Adopts a resolution (Attachment III) to approve the allocation of HCD LHTF Program grant award to Parcel Group 8 Affordable Housing in the amount of $2,645,161; and to authorize the City Manager to negotiate and execute loan documents between the City of Hayward and Resources for Community Development (RCD) in an amount not-to- exceed $2,645,161 for the development of Parcel Group 8 Affordable Housing.
SUMMARY
Like many cities in the Bay Area, a rise in Hayward’s population absent a corresponding rise in housing units has contributed to soaring home prices and a lack of affordable housing for our most vulnerable populations. Based on Council authority received on July 20, 2021, the City leveraged funds it allocated for EAH’s Mission Paradise and RCD’s Parcel Group 8 Affordable Housing as matching funds to successfully apply for the 2021 HCD LHTF Program Notice of Funding Availability (NOFA). The City applied for the LHTF intending to fund EAH’s Mission Paradise and RCD’s Parcel Group 8 because the projects met the funding requirements and the City’s existing contributions to the projects made the application highly competitive for the funding award. On December 23, 2021, HCD awarded the City $3,994,906 , to be awarded consistent with the grant application. The purpose of this public hearing is to review and approve the projects proposed for LHTF allocations as required by HCD. Consistent with the funding application and award, the City proposes to allocate the LHTF funds and enter into loan agreements for the following amounts:
1. $1,150,000 to EAH for the development of Mission Paradise which will provide 75 units of affordable senior housing; and
2. $2,645,161 to RCD for the development of Parcel Group 8 Affordable Housing to provide 105 units of affordable housing.
The balance of the LHTF funds in the amount of $199,745 will be utilized to cover the City’s cost of administering the program.
BACKGROUND
The LHTF Program NOFA was released on May 3, 2021, making approximately $57 million in LHTF Program funding available for the 2021 program year for qualifying affordable housing projects in jurisdictions with new or existing Local Housing Trust Funds. The LHTF Program serves to promote and support affordable housing projects by providing dollar -for-dollar, matching grant funds to eligible LHTFs for construction loans or permanent financing loans to aid in new construction and/or rehab ilitation of projects that serve extremely low - to moderate-income households. At a minimum, LHTFs must provide eligible matching funds for every dollar of LHTF program funds (Program Funds) awarded. Additionally, an equal amount of matching funds and Program Funds must be utilized for the same qualifying project. Based on the requirements of the LHTF Program NOFA, EAH’s Mission Paradise and RCD’s Parcel Group 8 Affordable Housing were identified as two existing affordable rental projects where the City already provided funding that could be leveraged to maximize the competitiveness of the City’s LHTF Program application.
Projects and City Funds
On April 30, 2018, the City issued a NOFA for affordable housing development projects. EAH’s project, Mission Paradise, was awarded funds under the City’s NOFA and on October 2, 2018, the Council approved a $2.5 million loan to EAH, consisting of $1.3 million from the Inclusionary Housing Trust Fund and $1.2 million from Community Development Block Grant (CDBG) and
HOME funds for the development of Mission Paradise. Mission Paradise will provide 76 units of affordable, rental senior housing.
On May 4, 2021, the Council authorized the City Manager to award additional funding of up to $4.9 million from the City’s Inclusionary Housing Trust Fund to four existing affordable housing projects that are near construction, including Mission Paradise and the Parcel Group 8 Affordable Housing project in order to address existing financing gaps and improve competitiveness for State funding. Based on Council authority and to meet the conditions of funding requirements for the LHTF Program, the City allocated an additional $2.48 million from the Inclusionary Housing Trust Fund to Mission Paradise and $2 million to the Parcel Group 8 Affordable Housing project.
Additionally, on June 28, 2022, Council authorized the sale of approximately 2.36 acres of real property located at Grove Way and Foothill Boulevard (Parcel Group 8) to RCD for the development of the Parcel Group 8 Affordable Housing for a total purchase price of $0. The City’s dedicated land value increased the City’s contribution to the project and improved the City’s competitiveness for funding in its LHTF Program application.
Based on Council authority received on July 20, 2021, the City applied to the 2021 LHTF Program NOFA, leveraging the Inclusionary Housing Trust Funds and the value of the donated land for the Mission Paradise and Parcel Group 8 Affordable Housing projects to maximize the competitiveness of the City’s application. On December 23, 2021 , the City w as awarded $3,994,906 from HCD’s Local Housing Trust Fund Program and on September 26, 2022, the City entered into a Standard Agreement with HCD. The awarded LHTF Program funds will help address funding gaps for the identified rental affordable housing projects, providing an additional $1,550,000 in funding for Mission Paradise and an additional $2,654,161 in funding for Parcel Group 8 Affordable Housing project with the balance of the funds used by the City to administer the Local Housing Trust Fund Program.
DISCUSSION
By leveraging the Inclusionary Housing Trust Funds and donated land to the Mission Paradise and Parcel Group 8 Affordable Housing projects as matching funds, the City successfully applied to the 2021 LHTF Program NOFA and was awarded $3,994,906 on December 23, 2021. Local funding provided by the City helps to leverage state funds such as the LHTF so that developers can secure the financing needed to begin construction. These affordable housing projects will help to fill the housing supply gap which has caused housing instability for many residents and help the City comply with its Regional Housing Needs Allocation (RHNA) compliance goals.
Both projects are more fully described below.
Project Descriptions
Mission Paradise. Mission Paradise is a proposed 76 -unit residential apartment building located at Mission Boulevard and Webster and Hancock Streets. Currently, the site is a vacant lot. The project will provide approximately 76 units of affordable housing to low -income seniors, age 62 and older.
All units, excluding the manager’s unit, will serve income eligible households from 20% to 80% AMI levels. The project’s unit mix includes: 65 one-bedroom apartments; 10 two -bedroom apartments; and one on-site manager’s unit. Additionally, the project amenities will include on- site laundry facilities, community room, computer learning center, an outdoor roof deck, and exercise area and an on-site resource coordinator to provide coordination of services related to health, nutrition, education, employment, transit, and other services for residents.
Mission Paradise has secured all other financing and is anticipated to start construction in November 2022.
Parcel Group 8 Affordable Housing Project. Parcel Group 8 Affordable Housing is located at Grove Way and Foothill Blvd. The project will provide approximately 94 units of new affordable housing units and rehabilitate and convert 11 units of existing housing to affordable housing.
All units, excluding the manager’s unit, will serve income eligible households from 20% AMI to 60% AMI. The project’s unit mix includes: 44 studio apartments, 22 one-bedroom apartments; 28 two-bedroom apartments; 10 three-bedroom apartments; and one on-site manager’s unit.
The project amenities include approximately 10,000 square feet of common open space, including a play area for families, passive open space and preservation of existing camphor trees within the co urtyard; a community room; shared laundry; secure bike parking; and resident services. RCD offers free, voluntary support services to all residents to assist with housing retention, economic stability, health and wellness, and community development. RCD also contracts with service providers to provide additional, tailored support to formerly homeless households.
Parcel Group 8 Affordable Housing is applying for state funding in 2023 and has a construction start target of 2024.
LHTF Program Eligibility Criteria and Leveraging City Dollars
The LHTF Program is available to new and existing LHTFs organized, funded, and operated prior to the May 3, 2021 NOFA release date. Under the LHTF Program, grant funds can be used to provide construction or permanent loans for costs related to predevelopment, acquisition, construction, and rehabilitation of eligible projects.
Deeper Income Targeting
At least 30 percent of Program Funds and matching funds must be used on eligible projects that are affordable to, and restricted for, Extremely Low -Income Households with household income of no more than 30% of Area Median Income (AMI). No more than 20 percent of Program Funds and matching funds can be expended on eligible projects that are affordable to, and restricted for, Moderate-Income Households with household income of no more than 120% AMI. The remaining Program Funds and matching funds must be used for eligible projects that are affordable to, and restricted for, Low -Income Households with household income of no more than 80% AMI. The AMI targets of both Mission Paradise and Parcel Group 8 Affordable
Housing allowed the City’s application to qualify under this criteria. Table 1 provides the income limits associated with each income category for Alameda County.
Table 1. 2022 California Department of Housing and Community Development Income Limits1 Household Size 1 2 3 4 5
Extremely Low Income
30% AMI 30,000 34,300 38,600 42,850 46,300
Very Low Income
50% AMI 50,000 57,150 64,300 71,400 77,150
Low Income
80% AMI 76,750 87,700 98,650 109,600 118,400
Median Income
100% AMI 99,950 114,250 128,500 142,800 154,200
Moderate Income
120% AMI 119,950 137,100 154,200 171,350 185,050
Matching Funds
At a minimum, cities must provide a dollar of eligible matching funds for every dollar of Program Funds requested. Higher scores are awarded to applications with a higher ratio of City provided matching funds to requested Program Funds (i.e., providing three dollars ($3) of City matching funds for every one dollar ($1) of Program Funds requested). Applications also score higher if a higher percentage of matching funds does not come from residential local impact fees. Matching funds must be utilized on a dollar-for-dollar basis for the same eligible project for which Program Funds are used.
Combined, the City is contributing $11,984,720 of matching funds to the two identified projects which is $3 for every $1 the City requested and was awarded in its application ($3,994,906).
Additionally, 52% of the City’s matching funds consisted of donated land which counts as a source of funding that does not come from residential local impact fees, significantly increasing the competitiveness of the City’s application and contributing to its ultimate success . As a condition of the grant award, the City has to ensure that the dev eloper serves the target populations proposed and that the City awards funds to the projects in the proportional amounts identified in the application.
The City will also provide $1.2 million in CDBG and HOME funds to Mission Paradise, but funds restricted for housing use by state or federal law (i.e. Home, CDBG, redevelopment agency low- and moderate-income housing fund set-aside) are not eligible as matching funds per the LHTF Program guidelines. Although these funds could not be leveraged in the LHTF application, these funds still play a critical role to help affordable projects leverage other state funds and private investment. In total, these two projects will leverage approximately $181 million of funds from the City of Hayward.
Housing Element and Regional Housing Needs Allocation Compliance
1 CA HCD: https://www.hcd.ca.gov/docs/grants-and-funding/inc2k22.pdf
Local jurisdictions report progress annually on meeting their RHNA goals. Table 2 demonstrates current progress made toward meeting Hayward’s RHNA goals for the period between 2015-2023 as of the last report year (2021) and estimates potential for compliance by including approved projects and projects pending approval. Permits to construct the units must be issued in order to count toward the City’s RHNA goals.
Mission Paradise and the Parcel Group 8 Affordable Housing Project will add a total of 1 79 affordable housing units to the City’s housing stock, which would help the City meet over 17% of its RHNA goals for very low-income households and over 6% of its RHNA goal for low-income households. Additionally, both projects help the City meet the following goals established in the City’s Housing Element:
Assist in the development of housing affordable to low - and moderate -income households;
Promote equal housing opportunities for all persons; and Provide for the special housing needs of seniors, persons with disabilities, large families with children, single female-headed households, and persons who are homeless.
Table 2. 2023 RHNA Goal Progress in the City of Hayward Income
Category
Unit
Goal Reported 2021 Approved Pending
Approval
Estimated
Compliance
Estimated
Deficiency
Units % of
Goal Units % of
Goal Units % of
Goal Units % of
Goal Units % of
Goal
Very low 851 168 20% 306 36% 10 1% 484 57% 367 43%
Low 480 174 36% 226 46% 1 0% 401 84% 79 16%
Moderate 608 128 21% 66 11% 0 0% 194 32% 414 68%
ECONOMIC IMPACT
Social research indicates that access to affordable housing can improve education outcomes, increase health and wellbeing, boost economic activity, and lower the costs for state and local governments to provide emergency housing, mental health crisis services, emergency medical care, and other services to assist the homeless or families and individuals experiencing a housing crisis. The rent for affordable housing is relative to income levels versus market prices which reduces rent burden. This increases available income to pay for other basic needs or save for other financial goals such as furthering education or homeownership. Stabilizing housing costs can be the first step to creating opportunities for personal economic advancement.
FISCAL IMPACT
There are sufficient funds budgeted in the FY 20 23 operating budget to cover the cost s associated with the loan fund awards associated with both projects . The City funding referenced in the report has been allocated and encumbered in previous fiscal years. Table 3 summarizes the City funding commitment by project and source. The funds identified below include the matching funds required by HCD.
Table 3. City Funding Commitment by Project and Funding Source Project CDBG HOME
Inclusionary
Housing Trust
Fund
Land¹ LHTF
Program Total
Mission Paradise $800,000 $415,280 $3,764,720 $0 $1,150,000 $6,130,000 Parcel Group 8 AH $0 $0 $2,000,000 $6,220,000 $2,645,161 $10,865,161 Total $800,000 $415,280 $5,764,720 $6,220,000 $3,795,161 $16,995,161 ¹Based on appraisal report dated July 22, 2021.
If approved, acceptance and appropriation of the LHTF Grant will be allocated specifically to Mission Paradise and the Parcel Group 8 Affordable Housing Project.
Consistent with the grant requirements, the City will establish a new special revenue fund to accept, appropriate, and administer the funds and allocate funds to the identified eligible projects.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing.
Specifically, this item supports the implementation of the following project(s):
Project 8, Part 8b: Apply for state housing funding to support strategic partnerships and Council Priorities.
PUBLIC CONTACT
Staff engaged different community stakeholders through both the displacement study and the Let’s House Hayward! Strategic Plan process. Through the displacement study, HR&A Advisors interviewed local developers and service providers to gain a more qualitative understanding of displacement trends and housing needs. Through the Let’s House Hayward! planning process, staff and the consultant Homebase held virtual forums and interviews with individuals with lived experience of home lessness, homeless services providers, members of the business community, City staff, and other Hayward residents. Feedback ranged widely and is still being integrated, but initial findings demonstrate that community members broadly favored efforts to prevent displacement and to increase affordable housing development for the City’s most vulnerable residents.
Additionally, staff received extensive feedback from current tenants and property owners during the 2018 Residential Rent Stabilization and Tenant P rotection Ordinance outreach process. Tenant feedback focused on housing affordability and safety, while landlords and realtors discussed the needs to increase supply of affordable and market rate housing in Hayward.
In accordance with entitlement requirements, notices for Mission Paradise were sent out to all property owners within a 300-foot radius of the project site. Additionally, as a requirement of
the 2018 NOFA, EAH held public outreach meetings to introduce the organization and the proposed project to the community, and to solicit input from the community. Similarly, City staff and RCD held public outreach meetings to introduce the organization and the proposed project to the community, and to solicit input from the community and will continue to work with the community as the development of the project advances.
NEXT STEPS
For Mission Paradise, staff will work with the developer to enter into loan agreements for the City financing and Local Housing Trust Funds, monitor construction and lease-up, and monitor ongoing compliance with the City’s affordable housing requirements.
For the Parcel Group 8 Affordable Housing project, the City will support the developer with their funding applications. Once all financing is secured and all other conditions to sell the land are met, the City will transfer ownership to the developer so they can begin construction.
Similar to Mission Paradise, City staff will monitor construction and lease-up and monitor ongoing compliance with the City’s affordable housing requirements
Prepared by: Doris Tang, Management Analyst
Christina Morales, Housing Manager
Recommended by: Jennifer Ott, Assistant City Manager
Approved by:
_________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION TO APPROVE ALLOCATION OF CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT LOCAL
HOUSING TRUST FUND PROGRAM GRANT AWARD TO MISSION PARADISE IN THE AMOUNT OF $1,150,000; AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE LOAN DOCUMENTS BETWEEN THE CITY OF HAYWARD AND EAH, INC. IN AN AMOUNT NOT TO EXCEED $1,150,000 FOR
THE DEVELOPMENT OF MISSION PARADISE
WHEREAS, the City of Hayward (the “City”), a municipal corporation, is authorized to do business in the State of California (the “State); and
WHEREAS, the State of California Department of Housing and Community Development (the “Department”) is authorized to provide up to $57 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code (“HSC”) Section 50842.2 et seq. (Chapter 365, Statues of 2017 (SB 3)) (the “Program”); and
WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated Monday, May 3, 2021 under the LHTF Program; and
WHEREAS, City of Hayward established the Inclusionary Housing Trust Fund under Chapter 10, Article 17 of the Hayward Municipal Code for the purpose of increasing the supply of housing affordable to Moderate -, Low -, Very Low -, or Extremely Low -Income households; and
WHEREAS, City of Hayward is an eligible Local Housing Trust Fund applying to the LHTF Program to administer one or more eligible activities using LHTF Funds; and
WHEREAS, on July 20, 2021, the City Council authoriz ed the City Manager to: (1) submit an application in response to the LHTF Program NOFA in an amount not to exceed $5 million; (2) execute a Standard Agreement and any subsequent amendments, modifications, or documents necessary to participate in the LHTF Program; (3) accept and appropriate the LHTF Award in an amount not to exceed $5 million ; and (4) allocate funds if awarded to Mission Paradise and Parcel Group 8 Affordable Housing (“Eligible Projects”); and
ATTACHMENT II
WHEREAS, the Planning Commission on February 22, 2018 found that the Mission Paradise project is categorically exempt as Infill Development (Class 32) under the City’s adopted procedures for the California Environment Quality Act (“CEQA”) and that no further environmental analysis is required; and
WHEREAS, on December 23, 2021, the Department awarded the City $3,994,906 in LHTF Program grant funds (“Awarded Funds”); and
WHEREAS, on September 26, 2022, the City entered into a Standard Agreement with the Department for the Awarded Amount; and
WHEREAS, the City wishes to allocate $1,150,000 of the Awarded Funds and enter into a loan agreement with EAH, Inc (the “Developer”) to support the development of Mission Paradise (the “Project”).
NOW, THEREFORE, BE IT RESOLVED that the City Council he reby finds and determines that the Recitals above are true and correct and by this reference makes them a part hereof.
BE IT FURTHER RESOLVED, that the City Council hereby approves allocation in the amount of $1,150,000 to the Project and authorizes the City Manager to negotiate and enter into a loan agreement in an amount not to exceed $1,150,000 with the Developer or an affiliate entity approved by the City Manager to support the development of the Project; and
BE IT FURTHER RESOLVE D, that the loan shall be for a maximum term of 55 years, with an interest rate to be determined by the City Manager, with repayment to the City from surplus cash flow from the Project and other available funds during the term of the loan, with the balance due at the end of the term, or on such other repayment terms and schedule as the City Manager or his or her designee determine are in the best interest of the City and the Project; and
BE IT FURTHER RESOLVED, that the loan funds shall be reserved for a pe riod of no more that twenty -four months from the date of this Resolution and shall be subject to reprogramming at the end of this period unless the Developer has secured commitments for full Project funding or provide other assurances of adequate Project f unding that the City Manager deems sufficient within his or her discretion, within the reservation period; and BE IT FURTHER RESOLVED, that the City hereby authorizes the City Manager to conduct, negotiate, execute documents, and administer the loan, exte nd or modify the repayment terms, and take any other action with respect to the loan and the Project consistent with this Resolution and its basic purpose.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION TO APPROVE ALLOCATION OF CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT LOCAL
HOUSING TRUST FUND PROGRAM GRANT AWARD TO PARCEL GROUP 8 AFFORDABLE HOUSING IN THE AMOUNT OF $2,654,161; AND AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE LOAN DOCUMENTS
BETWEEN THE CITY OF HAYWARD AND RESOURCES FOR COMMUNITY DEVELOPMENT IN AN AMOUNT NOT -TO-EXCEED $2,654,161 FOR THE DEVELOPMENT OF PARCEL GROUP 8 AFFORDABLE HOUSING
WHEREAS, the City of Hayward (the “City”), a municipal corporation, is authorized to do business in the State of California (the “State); and
WHEREAS, the State of California Department of Housing and Community Development (the “Department”) is authorized to provide up to $57 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code (“HSC”) Section 50842.2 et seq. (Chapter 365, Statues of 2017 (SB 3)) (the “Program”); and
WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated Monday, May 3, 2021 under the LHTF Program; and
WHEREAS, City of Hayward established the Inclusionary Housing Trust Fund under Chapter 10, Article 17 of the Hayward Municipal Code for the purpose of increasing the supply of housing affordable to Moderate -, Low -, Very Low -, or Extremely Low -Income households; and
WHEREAS, City of Hayward is an eligible Local Housing Trust Fund applying to the LHTF Program to administer one or more eligible activities using LHTF Funds; and
WHEREAS, on July 20, 2021, the City Council authoriz ed the City Manager to: (1) submit an application in response to the LHTF Program NOFA in an amount not to exceed $5 million; (2) execute a Standard Agreement and any subsequent amendments, modifications, or documents necessary to participate in the LHTF Program; (3) accept and appropriate the LHTF Award in an amount not to exceed $5 million ; and (4) allocate funds if awarded to Mission Paradise and Parcel Group 8 Affordable Housing (“Eligible Projects”); and
ATTACHMENT III
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") Parcel Group 8 Affordable Housing is eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and are therefore e xempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects; and
WHEREAS, on December 23, 2021, the Department awarded the City $3,994,906 in LHTF Program grant funds (“Awarded Funds”); and
WHEREAS, on September 26, 2022, the City entered into a Standard Agreement with the Department for the Awarded Amount; and
WHEREAS, the City wishes to allocate $2,654,161 of the Awarded Funds and enter into a loan agreement with Resources for Community Development (the “Developer”) to support the development of Parcel Group 8 Affordable Housing (the “Project”).
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines that the Recitals above are true and correct and by this reference makes them a part hereof; and
BE IT FURTHER RESOLVED, that the City Council hereby approves allocation in the amount of $2,654,161 to the Project and authorizes the City Manager to negotiate and enter into a loan agreement with the Developer or an affiliate entity approved by the City Manager to support the development of the Project;
BE IT FURTHER RESOLVED, that the loan shall be for a maximum t erm of 55 years, with an interest rate to be determined by the City Manager, with repayment to the City from surplus cash flow from the Project and other available funds during the term of the loan, with the balance due at the end of the term, or on such o ther repayment terms and schedule as the City Manager or his or her designee determine are in the best interest of the City and the Project; and
BE IT FURTHER RESOLVED, that the loan funds shall be reserved for a period of no more that twenty -four months f rom the date of this Resolution and shall be subject to reprogramming at the end of this period unless the Developer has secured commitments for full Project funding or provide other assurances of adequate Project funding that the City Manager deems sufficient within his or her discretion, within the reservation period; and BE IT FURTHER RESOLVED, that the City hereby authorizes the City Manager to conduct, negotiate, execute documents, and administer the loan, extend or modify the repayment terms, and tak e any other action with respect to the loan and the Project consistent with this Resolution and its basic purpose.
ATTACHMENT III
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 22-022
DATE: October 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Manon Avenue Townhomes: Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code by Rezoning Certain Property from Single Family Residential District to Medium Density Residential District in Connection with Zone Change, Density Bonus, and Site Plan Review Application No. 202101491 to Accommodate 22 Rental Townhomes at 27865 Manon Avenue
RECOMMENDATION
That the Council adopts the Ordinance introduced on October 11, 2022.
SUMMARY
This item entails adoption of an Ordinance amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code, introduced on October 11, 2022, by Council Member Salinas.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Draft Ordinance
Attachment III Resolution with Revised Conditions of Approval CITY OF HAYWARD Printed on 10/14/2022Page 1 of 1
powered by Legistar™
DATE: October 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Manon Avenue Townhomes: Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code by Rezoning Certain Property from Single Family Residential District to Medium Density Residential District in Connection with Zone Change, Density Bonus, and Site Plan Review Application No. 202101491 to Accommodate 22 Rental Townhomes at 27865 Manon Avenue
RECOMMENDATION
That the Council adopts the Ordinance introduced on October 11, 2022.
SUMMARY
This item entails adoption of an Ordinance amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code , introduced on October 11 , 2022 , by Council Member Salinas.
BACKGROUND
The Ordinance was introduced by Council Member Salinas at the October 11 , 202 2, special meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Lamnin, Márquez, Salinas, Zermeño MAYOR Halliday
NOES: COUNCIL MEMBER: Wahab
ABSENT: NONE
ABSTAIN: NONE
The motion included an amendment to the conditions of approval requiring additional trees.
The condition of approval, found in the ordinance’s companion resolution (Resolution 22 - 251), was updated by adding a new Condition of Approval No. 32 to read as follows.
LANDSCAPING
32. As amended by the City Council, the number of trees on site shall be increased to 22.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the priorities outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, October 14, 2022. Adoption, at this time, is therefore appropriate.
NEXT STEPS
The Hayward Municipal Code and other related documents will be updated accordingly.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF HAYWARD
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE) OF THE
HAYWARD MUNICIPAL CODE BY REZONING CERTAIN PROPERTY FROM SINGLE FAMILY
RESIDENTIAL DISTRICT TO MEDIUM DENSITY RESIDENTIAL DISTRICT IN CONNECTION WITH ZONE CHANGE, DENSITY BONUS, AND SITE PLAN REVIEW APPLICATION NO. 202101491 TO ACCOMMODATE 22 RENTAL TOWNHOMES AT 27865 MANON AVENUE
WHEREAS, on October 11, 2022, the City Council held a public hearing and adopted findings in support of the requested zone change as set forth in the companion Resolution (No. 22 - 251);
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAI N AS FOLLOWS:
Section 1. Provisions.
Chapter 10 of the Hayward Municipal Code is hereby amended to rezone the property located at 27865 Manon Avenue (APN 453 -0090-014-00) from RS (Single Family Residential) to RM (Medium Density Residential District) to accommodate the construction of 22 new rental townhomes with common open space and related improvements, subject to the findings and conditions of approval set forth in the companion Resolution (No. 22 - 251) to this Ordinance.
Section 2. Severance.
Should any part of this ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond authority of the City, such decision shall not affect the validity of the remainder of this ordinance, which shall continue in full force and effect, provided the remainder of the ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.
Section 3. Effective Date.
This ordinance shall become effective immediately upon adoption.
Introduced at a special meeting of the City Council of the City of Hayward, held the 11th day of October 2022, by Council Member Salinas.
This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on October 18, 2022, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chambe r and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.
Dated: October 14, 2022
Miriam Lens, City Clerk
City of Hayward
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Councilmember __________
RESOLUTION ADOPTING THE ENVIRONMENTAL CONSISTENCY CHECKLIST
AND APPROVING THE ZONE CHANGE, DENSITY BONUS, AND SITE PLAN REVIEW APPLICATION PERTAINING TO THE CONSTRUCTION OF 22 NEW RENTAL TOWNHOMES AT A SITE LOCATED AT 27865 MANON AVENUE
WHEREAS, On April 12, 2021, Ragini Vecham for Sunflower Manon LLC (Applicant and Owner) submitted Zone Change, Density Bonus, and Site Plan Review Application No. 202101491 to allow the construction of 22 rental townhomes with common open space area and related site improvements on a site located at 27865 Manon Avenue (APN 453- 0090-014-00); and
WHEREAS, An Environmental Consistency Checklist was prepared to assess the potential environmental impacts of the Project; and
WHEREAS, The Planning Commission considered the Project at a public hearing held on September 8, 2022 and recommended that the City Council adopt the Environmental Consistency Checklist and approve Zone Change, Density Bonus, and Site Plan Review Application No. 202101491; and
WHEREAS, Notice of the hearing was published in the manner required by law and the hearing was duly held by the City Council on October 11, 2022.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:
ZONE CHANGE FINDINGS
Pursuant to Section 10 -1.3425 of the Hayward Municipal Code (HMC), the Council may approve a Zone Change application when all of the following findings are met:
A. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward; The site’s General Plan land use designation is Medium Density Residential, which envisions a mix of single -family and multifamily residential development nearby neighborhood serving uses, in order t o create more complete, walkable, and sustainable neighborhoods. Rezoning the site from Single Family Residential (RS) to Medium Density Residential (RM) will not only bring the zoning in alignment with the
ATTACHMENT III
MDR General Plan land use designation, but it wi ll also create a benefit to the neighborhood and community at large by providing the opportunity for more units within a half mile of the South Hayward BART station and within a quarter mile of other community amenities, such as Tennyson Park, Cesar Chavez Middle School and the future Stack Center. Further, the properties across Manon Avenue are also zoned as RM, meaning that the rezoning of this property will create a more cohesive look at the southern terminus of Manon, just north of the mix of comercial and residential uses along Tennyson Road.
B. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans; As stated in Section 10 -1.115 of the Hayward Municipal Code, the Zoning Or dinance is a tool for implementing the goals, objectives and policies of the Hayward 2040 General Plan. As stated above, this property’s RS zoning designation is not consistent with its General Plan land use designation of MDR. Rezoning the property to RM brings the property’s zoning in alignment with the General Plan, as is the intent of the Zoning Ordinance and required by State law.
The MDR General Plan land use designation allows for a residential density range of
8.7 to 17.4 dwelling units per net acre. While the proposed project’s density exceeds this range at 22.4 dwelling units per acre, the number of units proposed is permitted under State Density Bonus law due to two on -site deed-restricted units that will be made affordable to Very Low -Income households. The project is further consistent with applicable General Plan policies in that it will increase the housing inventory for the City of Hayward and is considered an infill development that will increase density and result in a more complete neighborhood.
The project supports the following General Plan policies:
• Land Use Policy LU-1.3 – Growth and Infill Development. The City shall direct local population and employment growth toward infill development sites within the city, especially the catalyst and opportunity sites identified in the Economic Development Strategic Plan.
• Economic Development Pol icy ED -5.5– Quality Development. The City shall require new development to include quality site, architectural and landscape design features to improve and protect the appearance and reputation of Hayward.
• Housing Policy H-3.1 – Diversity of Housing Types. The City shall implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low -density single family uses, moderate - density townhomes, and higher -density apartments, condomini ums, transit - oriented developments, live-work units, and units in mixed-use developments.
ATTACHMENT III
• Housing Policy H-3.4 – Residential Uses Close to Services. The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
C. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and
The vacant infill site is located in the middle of an establis hed neighborhood with a built-out street grid and adequate public infrastructure and utilities. While the applicant proposes a Zone Change, the proposed development is still consistent with the underlying General Plan land use designation of MDR, which ant icipated the development of a range of residential uses, including townhomes within this area.
D. All uses permitted when the property is reclassified will be compatible with present and potential future uses, and further, a beneficial effect will be achieved which is not obtainable under existing regulations.
When rezoned from RS to RM, the site will still allow residential units by right, though a greater range of housing types will be permitted, including townhomes and multifamily dwellings. Besides the gr eater variety of residential types that are permitted in the RM district, the only other deviations in permitted and conditionally permitted uses between the two zoning districts is that apiaries and wind energy conversion systems are not allowed in the RM district, while boarding homes and dormitories are.
Given that the types of residential uses permitted in the RM district directly align with what is envisioned for the MDR land use designation in the Hayward 2040 General Plan, the proposed rezoning is compatible with the planned future development of the neighborhood. Further, if the property remained zoned as RS, the full range of residential types and densities described in the General Plan for the MDR land use designation would not be possible.
SITE PLAN REVIEW FINDINGS
Pursuant to Hayward Municipal Code Section 10 -1.3025, the Council may approve an application when all of the following findings are made:
A. The development is compatible with on -site and surrounding structures and uses and is an attractive addition to the City;
The proposed development is compatible with surrounding structures and uses in that the project consists of four three-story residential buildings, which are similar in massing and scale with other multifamily residential development across Manon Avenue. The site is also bordered by commercial uses to the south and is nearby a number of other amenties, including the South Hayward BART St ation, Tennyson Park, Cesar Chavez Middle School, and the future Stack Center. The result is a mixed-
ATTACHMENT III
use, mixed residential density neighborhood that is aligned with the goals of the Hayward 2040 General Plan.
The proposed buildings are attractively designed, incorporating varied roof lines and wall planes, projecting balconies and patio covers, and a mix of wood, stucco, and metal elements to create visual interest. The site features all new landscaping, serving to further beautify Manon Avenue.
B. The development takes into consideration physical and environmental constraints;
The development takes into consideration physical and environmental constraints in that the proposed project is situated on a 0.98 -acre va cant infill site that will accommodate four new residential buildings, on -site parking, common and private open spaces, and functional site circulation. The site is generally flat with site dimensions of 143 feet deep with 320 linear feet of frontage. The existing site does not have value as habitat for endangered, rare, or threatened species; and, as conditioned, construction of the project would not result in any significant impacts relating to noise, air quality or water quality. The project site is within City limits and is adequately served by all required utilities and public services.
C. The development complies with the intent of City development policies and regulations; and
As specified in Findings above, the project is consistent with the goals and policies of the Hayward 2040 General Plan , including the Medium Density Residential land use designation, the Medium Density Residential zoning district, and all other relevant requirements and standards in the Hayward Municipal Code.
D. The development will b e operated in a manner determined to be acceptable and compatible with surrounding development.
The development will be operated in a manner determined to be acceptable and compatible with surrounding developments in that the proposed project will result in the construction of a multifamily residential complex, similar to other residential uses adjacent to the project site, along Manon Avenue. Multi -family residential is permitted by -right within the RM zoning district, and a mix of single -family and multifamily uses is intended within the MDR General Plan land use designation.
Additionally, during construction, the proposed project will be subject to all applicable provisions of the Hayward Municipal Code for construction, maintenance, landscaping etc. The proposed development will be required to adhere to the Conditions of Approval (Attachment III) which will require the project to adhere to standard procedures of site preparation and development, including permitted hours of construction activity as well as the incorporation of Best Management Practices
ATTACHMENT III
(BMPs) for constr uction noise, grading, and use of equipment to prevent adverse negative impacts onto adjacent properties.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183.3, an Infill Checklist was prepared for this project with the finding that no additional environmental review is required. The purpose of an Infill Checklist is to streamline the environmental review process for eligible infill projects by limiting the topics subject to review to the project level in cases when the potential impacts of infill development have been previously considered in another environmental analysis or would be addressed by uniformly applicable development policies. The Infill Checklist for this project tiers off of the Environmental Impact Report (EIR) for the Hayward 2040 General Plan and confirms that the project would not have any significant effects on the environment that either have not already been analyzed in the Hayward 2040 General Plan EIR, are more significant than previously analyzed, or would not be substantially mitigated by uniformly applicable development policies.
B. The proposed Infill Checklist was independently reviewed, considered, and analyzed by the Planning Commission and reflects the independent judgement of the Planning Commission; such independent judgement is ba sed on substantial evidence in the record (even though there may be differences between or among the different sources of information and opinions offered in the documents, testimony, public comments and such responses that make up the administrative recor d as a whole); the Planning Commission recommends the City Council adopt the proposed Infill Checklist and its findings and conclusions as its source of environmental information; and the proposed Infill Checklist is legally adequate and was completed in compliance with CEQA.
C. The proposed Infill Checklist identified all potential adverse impacts and based on the Infill Checklist and the whole record before the Planning Commission, there is no substantial evidence that the Project will have a significant effect on the environment.
D. The project complies with CEQA, and the proposed Infill Checklist was presented to the Planning Commission, which reviewed and considered the information contained therein prior to recommending approval of the Project. The custodia n of the record of proceedings upon which this decision is based is the Development Services Department of the City of Hayward, located at 777 B Street, Hayward, California 94544.
NOW THERFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the Environmental Consistency Checklist and approves Zone Change, Density Bonus, and Site Plan Review Application No. 20 2101491, subject to the adoption of the companion ordinance (Ordinance No. 22-____) rezoning the
ATTACHMENT III
property located on a site at 27865 Manon Avenue , Accessor Parcel Number (APN) 453- 0090-014-00, subject to the attached conditions of approval.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
CITY OF HAYWARD PLANNING COMMISSION
ZONE CHANGE, DENSITY BONUS, AND SITE PLAN REVIEW
MANON TOWNHOMES
APPLICATION NO. 202101491
27865 MANON AVENUE
CONDITIONS OF APPROVAL
GENERAL
1. The developer shall assume the defense of and shall pay on behalf of and hold harmless the City, its officers, employees, volunteers and agents from and against any or all loss, liability, expense, claim costs, suits and damages of every kind, nature and description directly or indirectly arising from the performance and action of this permit.
2. Site Plan is approved subject to the Architectural, Civil and Landscape plans stamped May 13, 2022, May 12, 2022, and May 12, 2022, respectively, except as modified by the conditions listed below. Any proposal for alterations to the conditionally approved site plan and/or design that does not require a variance to any zoning ordinance standard shall be subject to review and approval by the Approving Body. Alterations requiring a variance shall be subject to review and approval by the Planning Commission, if applicable.
3. The permittee, property owner or designated representative shall allow the City’s staff to access the property for site inspection(s) to confirm all approved conditions have been completed and are being maintained in compliance with all adopted city, state and federal laws.
4. Failure to comply with any of the conditions set forth in this approval, or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a Certificate of Occupancy until full compliance is reached. The City' s requirement for full compliance may require minor corrections and/ or complete demolition of a non-compliant improvement regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were filed to construct the project.
5. All outstanding fees owed to the City, including permit charges and staff time spent processing or associated with the development review of this application shall be paid in full prior to any consideration of a request for approval extensions and/or the issuance of a building permit.
6. If determined to be necessary for the protection of the public peace, safety and general welfare, the City of Hayward may impose additional conditions or
ATTACHMENT III
restrictions on this permit. Violations of any approved land use conditions or requirements will result in further enforcement action by the Code Enforcement Division. Enforcement includes, but is not limited to, fines, fees/penalties, special assessment, liens, or any other legal remedy required to achieve compliance including the City of Hayward instituting a revocation hearing before the Planning Commission.
7. A copy of these conditions of approval shall be scanned and included on a separate, full-sized sheet(s) in the building permit plan check set.
8. The Planning Director or designee may revoke this permit for failure to comply with, or complete all, conditions of approval or improvements indicated on the approved plans.
9. The owner shall maintain in good repair all building exteriors, walls, lighting, drainage facilities, landscaping, driveways, and parking areas. The premises shall be kept clean and weed-free.
10. The applicant shall be responsible for graffiti-free maintenance of the property and shall remove any graffiti within 48 hours of occurrence or City notification.
11. The applicant shall apply for and obtain all necessary permits from the City and/or outside agencies prior to any site work.
12. Within 60 days of following the issuance of a building permit and prior to construction, the applicant shall install one non-illuminated “Coming Soon” sign on the project site that includes a project rendering, a project summary, and developer contact information. The sign shall be constructed of wood or recyclable composite material, be placed in a location at least ten (10) feet back from the property line, and shall not impede pedestrian, bicycle, and vehicular visibility or circulation. The sign shall be maintained in accordance with Section 10-7-709 of the Hayward Municipal Code and may be up to thirty-two (32) square feet of sign area and shall not exceed ten (10) feet in height. Sign design, size and location shall be reviewed and approved by the Planning Division prior to placement.
13. Prior to the issuance of the Certificate of Occupancy and/or Final Building Permit approval, the applicant shall contact the Planning Division and be subject to a site inspection by the designated project planner to verify that all applicable mitigations and conditions of approval, including architectural materials, colors and design, have been satisfied. The cost of inspection, including any subsequent inspections that are deemed necessary by the City, shall be paid by the applicant.
MAILBOXES/ADDRESSES
14. Mailboxes shall be installed in accordance with Post Office policy and include locking mechanisms to minimize opportunities for theft.
ATTACHMENT III
15. Property addresses will be assigned by the Development Services Department prior to issuance of a building permit.
LIGHTING
16. All lighting fixtures shall incorporate a shield to allow for downward illumination.
No spillover lighting to adjacent properties is permitted and all exterior lighting on walls, patios or balconies shall be recessed/shielded to minimize visual impacts.
COLORS AND MATERIALS
17. The building colors and materials shown on the building permit plans shall match those shown on the architectural plans, color/material exhibit and/or renderings dated May 13, 2022. Any revision to the approved colors and materials shall be reviewed and approved by the Planning Division prior to the issuance of a building permit and/or prior to construction.
18. All vents gutters, downspouts, flashings, electrical conduits, etc. shall be painted to match the color of the adjacent material unless specifically designed as an architectural element.
SCREENING OF MECHANICAL EQUIPMENT
19. All exterior and rooftop mechanical equipment shall be screened or located away from public view. Mechanical and rooftop equipment shall include, but is not limited to, electrical panels, pull boxes, air conditioning units, gas meters, and swimming pool equipment. All rooftop screening and mechanical equipment shall be shown on the project plans and be subject to final review and approval by City staff prior to the issuance of an occupancy permit. All screening shall be compatible with respect to forms and materials used on the building.
20. If permitted, all above-ground utility meters, air conditioners, mechanical equipment and water meters shall be enclosed within the buildings or shall be screened with shrubs and/or an architectural screen from all perspectives, unless other noise mitigation is required. All equipment shall be designed to be compatible with respect to location, form, design, exterior materials, and noise generation. The applicant shall obtain planning division review and approval prior to issuance of any permits.
SIGNAGE
21. No signs are approved with this project. Any signs placed on-site or off-site shall be reviewed and approved by the Planning Division and a Sign Permit application shall be required, consistent with Hayward Municipal Code Sign Ordinance requirements.
ATTACHMENT III
IMPACT FEES
22. This development is subject to the requirements of the Property Developers – Obligations for Parks and Recreation set forth in HMC Chapter 10, Article 16. Per HMC Section 10-16.10, the applicant shall pay impact fees. The impact fees shall be the rate that is in effect at the time of building permit issuance.
ENVIRONMENTAL
23. If human remains, archaeological resources, prehistoric or historic artifacts are discovered during construction or excavation, the following procedures shall be followed: Construction and/or excavation activities shall cease immediately and the Planning Division shall be notified. A qualified archaeologist shall be retained to determine whether any such materials are significant prior to resuming groundbreaking construction activities. Standardized procedure for evaluation accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.f and 151236.4 of the California Environmental Quality Act.
24. In the event that cultural resources of Native American origin are identified during construction, all earth disturbing work within the vicinity of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the City determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with Native American groups. The plan would include avoidance of the resource or, if avoidance of the resource is infeasible, the plan would outline the appropriate treatment of the resource in coordination with the archeologist and the appropriate Native American tribal representative.
25. As applicable, if project construction activities occur between February 15 and August 31, a qualified biologist shall conduct a pre-construction survey for nesting birds no more than 14 days prior to construction. The survey shall include the entire project site and a 300-foot buffer to account for nesting raptors. If nests are found, the qualified biologist shall establish an appropriate species-specific avoidance buffer of sufficient size to prevent disturbance to the nest by project activity (up to 300 feet for raptors, up to 150 feet for all other birds). The qualified biologist shall perform at least two hours of pre-construction monitoring of the nest to characterize "typical" bird behavior. During construction, if active nests are present, the qualified biologist shall monitor the nesting birds to determine if construction activities are causing disturbance to the bird and shall increase the buffer if it is determined the birds are showing signs of unusual or distressed behavior associated with project activities. Atypical nesting behaviors that may cause reproductive harm include, but are not limited to, defensive flights, vocalizations directed towards project personnel/activities, standing up from a brooding position,
ATTACHMENT III
and flying away from the nest. The qualified biologist shall have authority, through the resident engineer, to order the cessation of all project activities if the nesting birds exhibit atypical behavior that may cause reproductive failure (nest abandonment and loss of eggs and/or young) until a refined appropriate buffer is established. To prevent encroachment, the established buffer(s) should be marked clearly by high visibility material. The established buffer(s) should remain in effect until the young have fledged or the nest has been abandoned, as confirmed by the qualified biologist. Any sign of nest abandonment should be reported to the City and CDFW within 48 hours. The monitoring biologist, in consultation with the resident engineer and project manager shall determine the appropriate protection for active nests on a case-by-case basis using the criteria described above.
26. The following control measures for geologic hazards shall be adhered to, unless otherwise approved by the Planning Director or City Engineer. Per standard City project approval procedures, the City must review final project design plans for conformity with building code requirements prior to project construction. All earthwork, including site grading, wall foundation excavations, placement and compaction of engineered fill, and final surface drainage installation, would be performed in accordance with the recommendations contained in the geotechnical report, as applicable.
27. The following control measures for construction noise, grading and construction activities shall be adhered to, unless otherwise approved by the Planning Director or City Engineer:
a. Construction activities shall occur in conformance with the City’s Municipal Code unless otherwise permitted by the City Engineer or Chief Building Official;
b. Grading and construction equipment shall be properly muffled; c. Stationary noise-generating construction equipment, such as compressors, shall be located as far as practical from occupied residential housing units; d. Applicant/developer shall designate a "noise disturbance coordinator" who will be responsible for responding to any local complaints about construction noise; and
e. Letters shall be mailed to surrounding property owners and residents within 300 feet of the project boundary with this information.
28. In order to meet the BAAQMD fugitive dust threshold, the following BAAQMD Basic Construction Mitigation Measures shall be implemented:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
ATTACHMENT III
b. All haul trucks transporting soil, sand, or other loose material off‐site shall be covered.
c. All visible mud or dirt tracked‐out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
f. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
g. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
h. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
i. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Hayward regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD phone number shall also be visible to ensure compliance with applicable regulations.
EXPIRATION
29. In accordance with Hayward Municipal Code (HMC) Section 10- 1.3055, approval of this Site Plan Review is void 36 months after the effective date of approval unless:
a. Prior to the expiration of the 36-month period, a building permit application has been submitted and accepted for processing by the Building Official or his/ her designee. If a building permit is issued for construction of improvements authorized by this approval, said approval shall be void two years after issuance of the building permit, or three years after approval of the application, whichever is later, unless the construction authorized by the building permit has been substantially completed or substantial sums have been expended in reliance on this approval; or
ATTACHMENT III
b. A time extension of the approval has been granted by the Development Services Director or his/her designee, which requires that a request for an extension of this approval must be submitted in writing to the Planning Division at least 15 days prior to the expiration date of this approval.
BUILDING
30. All of the proposed buildings in this project fall under a new local green building ordinance called the "Reach Code". This local regulation modifies the CA Energy Code to prohibit natural gas in new one and two-family buildings. The Reach Code requires these units to be designed as all-electric buildings. To offset any increased costs of all-electric designs, do not bring natural gas infrastructure to the site. The reach code also expands CalGreen's requirements for EV charging infrastructure. To learn more about the Reach Code and to find a checklist for your project, please see the City of Hayward website here: https://www.hayward-ca.gov/reach-code
31. The project will require a building permit application and the associated plan review process. The project shall comply with the building code in effect at the date of building permit submittal. Additional comments will be provided during that review. If you have any code questions or plan review concerns, please don’t hesitate to contact me at [email protected]
LANDSCAPING
32. As amended by the City Council, the number of trees on site shall be increased to 22.
32.33. Source of Future Conflict with Neighboring Properties. All proposed tree canopy shall not encroach over to the neighboring properties to the best practice possible.
Proposed tree canopy shall not hang over existing structure in any of the neighboring properties for possibly creating fire hazard and clogging roof gutter.
Two Quercus agrifolia at both ends of western property shall be replaced with another tree species with smaller canopy or relocate these two trees elsewhere in the project. The same comment applies to two Pistacia chinensis proposed along the western property line. Pistacia canopy will reach beyond 35 feet at maturity and about a half of the canopy will be in the neighboring properties to the west.
33.34. Irrigation Legend. Controller listed in the legend should read “irrigation controller.”
34.35. No building permit shall be issued prior to approval of landscape and irrigation improvement plans.
35.36. Pursuant to HMC Section 10-12.07 (4), a qualified soil testing laboratory shall complete a soil fertility test prior to amending the planting soil and shall provide recommendations for organic compost to bring the soil organic matter to a minimum of 5% by dry weight and incorporating organic fertilizers to recommended levels for planting area. The final testing results, recommendations
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and organic compost shall be submitted to the project landscape architect for review and approval and shall be submitted to City Landscape Architect prior to requesting the final landscape inspection with Appendix C Certification of Completion.
36.37. Pursuant to HMC Section 10-12.07(a)(4)(D), organic recycled chipped wood mulch in the shade of Dark Brown color shall be placed in all planting area including biotreatment areas. Mulch size shall not exceed 1-1/2-inch in diameter.
37.38. Any slope exceeds 3:1 but less than 2:1 shall receive jute netting or erosion material regardless of the length of the sloped area before installing mulch.
38.39. Tree shall be located a minimum of 5 feet from lateral service lines and driveways, a minimum 9 feet from the center line of fire hydrant, a minimum of 15 feet from a light pole, and a minimum of 30 feet from the face of a traffic signal, or as otherwise specified by the City.
39.40. All final tree locations shall be field verified by the project landscape architect prior to planting and resolve any conflicts arise in the field.
40.41. Root barriers shall be installed linearly against the paving edge in all instances where a tree is planted within seven feet of pavement or buildings, and as recommended by the manufacturer.
41.42. All above ground mechanical equipment shall be screened from the street with five- gallon shrubs.
42.43. Minimum twelve inches wide band of large size exceeding six-inch diameter Noiya Cobblestone shall be provided around overflow catch basin or bubble up basin.
43.44. All common area landscaping, irrigation and other required improvements shall be installed in accordance with the approved improvement plans prior to acceptance of tract improvements, or occupancy of eighty percent (80%) of the dwelling units, whichever first occurs. Certificate of Completion, as-built Mylar and an Irrigation Schedule shall be submitted upon acceptance of the landscape improvements for the Tract to the Department of Public Works Engineering by the developer.
44.45. Landscape Maintenance:
a. Landscaping shall be maintained in a healthy, weed-free condition at all times and shall maintain irrigation system to function as designed to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides, which contribute pollution to the Bay.
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b. The owner’s representative shall inspect the landscaping on a monthly basis and any dead or dying plants (plants that exhibit over 30% dieback) shall be replaced within ten days of the inspection.
c. Three inches deep mulch should be maintained in all planting areas. Mulch shall be organic recycled chipped wood in the shades of Dark Brown Color and the size shall not exceed 1-1/2-inch diameter. The depth shall be maintained at three inches deep.
d. All nursery stakes shall be removed during tree installation and staking poles shall be removed when the tree is established or when the trunk diameter of the tree is equal or larger to the diameter of the staking pole. e. All trees planted as a part of the development as shown on the approved landscape plans shall be “Protected” and shall be subjected to Tree Preservation Ordinance. Tree removal and pruning shall require a tree pruning or removal permit prior to removal by City Landscape Architect. f. Any damaged or removed trees without a permit shall be replaced in accordance with Tree Preservation Ordinance or as determined by City Landscape Architect within the timeframe established by the City and pursuant to the Municipal Code.
g. Irrigation system shall be tested periodically to maintain uniform distribution of irrigation water; irrigation controller shall be programed seasonally; irrigation system should be shut-off during winter season; and the whole irrigation system should be flushed and cleaned when the system gets turn on in the spring.
Prior to the Issuance of Building Permit
45.46. Prior to issuance of the first building permit, detailed landscape and irrigation improvement plans prepared by a licensed landscape architect on an accurately surveyed base plan shall be submitted as a part of grading permit application for approval by the City. The plans shall comply with the City’s Bay-Friendly Water Efficient Landscape Ordinance (California Building Code Title 23) and all relevant Municipal Codes. Once approved, a digital file of the approved and the project landscape architect signed improvement plans shall be submitted to the City for the City’s approval signatures. Copies of the signed improvement plans shall be submitted as a part of the building permit submittal.
Prior to Issuance of Certificate of Occupancy
46.47. Upon acceptance of the landscape installation in accordance with the approved landscape improvement plans by the City, As-Built digital plans shall be submitted to the Engineering Department by the developer.
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47.48. HMC Section 10-12.11: In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of one (1) in seven (7) lots or approximately fifteen percent (15 %) will satisfy this requirement.
All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.
48.49. Prior to the issuance of Certificate of Occupancy, all landscape and irrigation shall be completed in accordance to the approved plan and accepted by the City Landscape Architect. Before requesting an inspection from the City Landscape Architect, the project landscape architect shall inspect and accept landscape improvements and shall complete Appendix C. Certificate of Completion in the City’s Bay-Friendly Water Efficient Landscape Ordinance. The completed Certificate of Completion Part 1 through Part 7 or applicable parts shall be e-mailed in prior to requesting an inspection from the City Landscape Architect.
ENGINEERING
49.50. City’s grading permit will be required for the land disturbance and the proposed site improvements. Plans for grading permit shall be prepared by the state licensed and qualified Civil Engineer considering the recommendations of a geotechnical engineering study and the site’s seismic liquefaction potential. Such plans shall require approval of a geotechnical engineer retained by the project developer and the City Engineer.
Prior to Issuance of Building Permit
50.51. Improvement Plans and related design documents prepared by or under the direction of State licensed and qualified professionals shall be submitted to the City Engineer for all public and private improvements.
51.52. Applicant shall secure the City Fire Marshal’s approval of Improvements for all weather emergency vehicle access and fire protection before flammable material is brought on-site.
52.53. All grading shall comply with Chapter 10, Article 8 (Subdivision Ordinance) of the Hayward Municipal Code as determined by the City Engineer. A fine grading and drainage plan prepared by a State licensed civil engineer shall be submitted as part of the Improvement Plans for review and approval by the City Engineer prior to the issuance of building permits. Developer has the option to apply for a grading permit to rough grade the project site.
53.54. A soils report prepared by a licensed civil or geotechnical engineer subject to approval by the City Engineer shall be submitted and the grading, retaining walls, surface and sub-surface drainage, lot drainage, and utility trench backfilling shall be designed in accordance with the recommendations of the soils report. Final grading
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and drainage plans for the grading permit shall be reviewed and signed by the soils report engineer certifying that the recommendations in the report have been followed.
54.55. Structural calculations and details prepared by a licensed civil or structural engineer are required for all earth retaining structures greater than 4-feet in height (top of wall to bottom of footing) and shall be reviewed and approved by the Building Division of the Development Services Department.
55.56. The project shall not block runoff from, or augment runoff to, adjacent properties.
The developer shall be required to mitigate augmented runoff to maintain post- development site discharge rates to less than or equal to pre-development discharge rates to the satisfaction of the City Engineer.
56.57. The Alameda County Flood Control and Water Conservation District’s Hydrology and Hydraulics Criteria Summary shall be used to design the storm drain system.
On site surface drainage shall be collected and conveyed to a public drainage system as per plans approved by the City Engineer. The storm drainage system shall be designed to convey a 10-year storm event.
57.58. Drainage plans should include all proposed underground pipes, building drains, area drains and inlets. All building sites shall be graded to slope away from the building foundations per California Building Code, Chapter 18, Section 1804.3 Site Grading or as required by the Soils Engineer. On-site collector storm drains shall be sized to minimize potential for blockages. Storm drains shall be designed to prevent standing water.
58.59. The On-site storm conveyance and treatment systems shall be owned and maintained by the property owner.
59.60. The project’s Stormwater Control Plan and updated Stormwater Requirements Checklist shall be submitted and shall show, at a minimum, drainage management areas, location and details of all treatment control measures and site design measures, and numeric sizing calculations in conformance with Alameda County Clean Water Program C3 design guidelines.
60.61. All broken, cracked, or uplifted curb, gutter, and sidewalk shall be removed and replaced along the project frontage. The existing street section shall be removed and replaced to the centerline of the street if the existing pavement is either damaged or the structural section is determined by the City Engineer to be inadequate for the intended traffic.
61.62. Existing unused or unapproved driveway fronting the project shall be replaced with concrete curb, gutter and sidewalk matching adjoining such improvements in form and color.
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62.63. Street lighting along the development frontage and on-site lighting shall comply with current City lighting standards and the City’s Security Ordinance. Lighting shall be designed by a qualified lighting designer and erected and maintained so that light is confined to the property and will not cast a direct light or glare upon adjacent properties or rights-of-way. Photometric analysis/studies shall be submitted for review and approval by the City Engineer.
63.64. All service to the development shall be an "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted for City approval prior to installation. (Required by HMC Section 10-3.815)
64.65. The developer shall provide and install the appropriate facilities, conduit, junction boxes, etc., to allow for installation of a fiber optic network within the development.
During Construction
65.66. Construction Stormwater Management: Developer shall be responsible for the preventing the discharge of pollutants (sediments) into the street and/or the public storm drain system from the project site during construction in accordance with the Hayward Municipal Code Section 11-5.19. Projects proposed for construction between October 1st and April 30th, must have an erosion and sedimentation control program approved, and implemented to the maximum extent possible, prior to the start of any land disturbing activity. Trash and debris must be adequately contained at all times. Such measures shall be maintained during the project’s construction period. Violations or other noncompliance with stormwater management measures may result in the project being shut down, including any building permit activity, until full compliance with stormwater management requirements is achieved.
66.67. Construction Damage: The Developer shall remove and replace any damaged curb, gutter, sidewalks, driveways, signs, pavement, pavement markings, etc. within the public right-of-way along the project frontage and at any locations damaged by the construction of the proposed project. Damaged pavement surfaces shall be overlain or micro-surfaced. Damaged pavement surfaces shall be repaired or resurfaced as required by the City Engineer. Unused driveways or unused portions thereof shall be removed and replaced with curb, gutter and sidewalk matching adjoining in form and color.
Prior to Issuance of Certificate of Occupancy
67.68. All public improvements, including the complete installation of all street improvements, fencing, sanitary sewer, storm drainage, water system, underground
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utilities, streetlights etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit in each phase of the subdivision. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies.
68.69. Prior to final inspection and issuance of final certificates of occupancy, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Public Works Director and Development Services Director or his/her designees.
69.70. Conceptual Multi-Phased Exhibit (Unit Release Plan): Prior to issuance of certificates of occupancy for any unit within the project, an exhibit showing the proposed phased closures/openings during construction. The exhibit shall detail the number and locations of units to be released and portion of public street and sidewalk to be opened/closed to the public at each phase. Exhibits shall also show access routes and include traffic control plans. Proper measures such as fencing, gates, and signs must be in place to separate adjacent construction activities from occupied units. These measures shall be reviewed and approved by the City Inspector prior to installation and occupancy of units.
70.71. Post Construction Stormwater Maintenance: The property owner(s) shall enter into the City’s standard “Stormwater Treatment Measures Maintenance Agreement” as prepared by the City. The Maintenance Agreement shall be recorded with the Alameda County Recorder’s Office to ensure that the maintenance responsibility for private treatment control and site design measures is bound to the property in perpetuity.
71.72. Geotechnical Letter: Prior to the issuance of any Certificates of Occupancy, Developer shall submit a confirming letter from the project geologic and/or geotechnical team confirming they have observed all grading activities and that those activities were performed in conformance with their recommendations. All material testing reports shall be attached to the certification letter report.
72.73. Final Engineer’s Report: Prior to the issuance of any Certificate of Occupancy, The Engineer of Record shall submit a confirming letter that all grading, drainage, and engineering components of the project have been performed in conformance with the approved plans and specifications.
73.74. As-Built Records: As-built records of site grading and improvements completed by the property owner shall be provided to the City Engineer on electronic media in AutoCAD and pdf formats.
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UTILITIES
Prior to Issuance of Building Permit
74.75. All public water mains and appurtenances shall be constructed in accordance with the City’s “Specifications for the Construction of Water Mains and Fire Hydrants,” latest revision at the time of permit approval. Available on the City’s website:
https://www.hayward-ca.gov/your-government/departments/engineering- division.
75.76. All connections to existing water mains shall be performed by City Water Distribution Personnel at the Applicant/Developer’s expense.
76.77. Where a public water main is in an unpaved easement, unpaved surface, or under decorative, stamped, or colored concrete (including turf-blocks), the water main shall be constructed of ductile iron. Shut-off valves are required where a water main transitions from a paved area to an unpaved easement.
77.78. Existing water services, if any, that cannot be reused for the proposed development shall be abandoned by City Water Distribution Personnel at the Applicant/Developer’s expense.
78.79. Each residential property shall have its own water meter. Combined residential domestic and fire service is permitted per City of Hayward Standard Detail SD-216.
79.80. A separate irrigation meter shall be installed for landscape purposes.
80.81. The Applicant/Developer shall install an above ground Reduced Pressure Backflow Prevention Assembly (RPBA) on each non-residential domestic and irrigation water meter, per City Standard Detail SD-202. Backflow prevention assemblies shall be at least the size of the water meter or the water supply line on the property side of the meter, whichever is larger.
81.82. The fire service size shall be determined by the Fire Department’s requirements. All fire services must have an above-ground double check valve assembly (DCVA), per City Standard Detail 204 (SD-204) and 201 (SD-201). New fire service line must be installed by the City’s Water Distribution personnel at the Applicant/Developer’s expense.
82.83. A fire flow test must be completed by Water Distribution personnel. The current cost for a fire flow test is $326. For instructions on obtaining existing fire flow data and filling out an application for new fire flow data, please visit the City’s website at https://www.hayward-ca.gov/services/city-services/fire-flow-testing.
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83.84. Water meters and services are to be located a minimum of two feet from top of driveway flare as per City Standard Detail SD-213 thru SD-218. Water meters shall not be located in the driveway. Water meter lids shall be Nicor, Inc.
84.85. Water mains and services, including the meters, must be located at least ten (10) feet horizontally from and one foot vertically above any parallel pipeline conveying untreated sewage (including sanitary sewer laterals), and at least four feet from and one foot vertically above any parallel pipeline conveying storm drainage, per the current California Waterworks Standards, Title 22, Chapter 16, Section 64572. The minimum horizontal separation distances can be reduced by using higher grade (i.e., pressure) piping materials.
85.86. All sanitary sewer mains and appurtenances shall be constructed in accordance with the City’s “Specifications for the Construction of Sewer Mains and Appurtenances,” latest revision at the time of permit approval. Available on the City’s website:
https://www.hayward-ca.gov/your-government/departments/engineering- division
86.87. The development’s sanitary sewer mains and manholes shall be public, owned, and maintained by the City. If sewer mains are located in a private roadway, either the entire roadway shall be a public utility easement or a minimum 10-foot-wide easement shall be granted to the City with rights for reasonable access for repairs and maintenance.
87.88. Each dwelling unit shall have its own sanitary sewer lateral.
88.89. The Applicant/Developer is responsible for payment of sewer connection fees at the current rates at the time and application for water and sewer service is submitted.
Sewer connection fees for non-residential connections are calculated based on the volume and strength of the wastewater discharge. The development’s permitted sewer capacity and related sewer capacity fees shall be further assessed during the building permit application.
SOLID WASTE
89.90. The owner or property manager shall be responsible for litter-free maintenance of the property and shall remove any litter on or within 50 feet of the property daily to ensure that the property and its street frontage remain clear of any abandoned debris or trash per Municipal Code Sec.11-5.22.
90.91. Residents shall not place carts at the curb any earlier than 6:00 a.m. the day before scheduled collection and are required to retrieve them no later than midnight the days the carts are emptied. (Hayward Municipal Code Section 5-1.15).
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TRANSPORTATION
Prior to Issuance of Building Permit
91.92. Applicant shall submit the following items as part of Improvement Plans to Public Works-Transportation for review prior to issuance of Building Permits:
a. An on-site and off-site (fronting City right-of-way) Signing and Striping Plan in accordance with Caltrans’ latest Standard Plans (refer to Caltrans Standard Plans Sheet A90A for more information on marking complaint disabled stalls).
b. A Photometric Plan, refer to Hayward’s Standard Plans Sheet SD-120 for roadway lighting criteria, link: https://www.hayward-
ca.gov/documents/hayward-standard-detail
c. Turning Analysis using the largest vehicle expected on-site (typically a delivery vehicle) using AutoTurn software. Turning Analysis shall not depict vehicles backing into public streets/right-of-way.
92.93. Applicant shall not modify the existing on-street parking regulations along Manon Avenue unless directed to do so by the Public Works & Utilities Director or his/her designee.
93.94. Applicant shall not modify the existing speed hump, or any other traffic calming device currently located along Manon Avenue unless directed to do so by the Public Works & Utilities Director or his/her designee.
94.95. Proposed “Sliding Privacy Gates” shall not be installed within 25 feet of the public sidewalk on Manon Avenue.
95.96. Upon review of Improvement Plan(s) and required item(s) listed above by Public Works-Transportation, Applicant shall modify Improvement Plan(s) to address any deficiency(ies) or item(s) identified by Public Works-Transportation staff, to the satisfaction of the Public Works Director or his/her designee, prior to issuance of Building Permit(s).
FIRE
General
96.97. Submit appropriate building permits for the construction of all proposed building(s) to the City of Hayward Building Department. Construction shall conform to all standards according to the current edition of the California Building and Fire Code(s) respectively.
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Fire Prevention
97.98. Where the grade plan and highest roof surface exceeds 30ft., fire apparatus roads shall have unobstructed width of 26 feet in the immediate vicinity of buildings (highest roof surface shall be determined by measurement to the eve of a pitched roof). At least one of the required access routes shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building.
98.99. Fire apparatus access roads shall be designed and maintained to support 75,000 pounds, the imposed load of fire apparatus, and shall be surfaced to provide all- weather driving capability. An unobstructed vertical clearance of not less than 13 feet 6 inches shall be provided for all fire apparatus accesses.
99.100. A fire apparatus access road 20 feet to 26 feet wide shall be posted on both sides as a fire lane; a fire apparatus access road 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. “No Parking” signs shall meet the City of Hayward Fire Department fire lane requirements.
100.101. Address and premise identification approved numbers shall be placed on all buildings in such a position as to be plainly visible and legible from the road or street fronting the property. Dimensions of address numbers or letters on the front of the buildings shall be approved by the fire department. 101.102. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26ft. exclusive of shoulders.
102.103. Electrified gates shall be provided with a Knox product Keyswtich at a location approved by the AHJ.
Water Supply
103.104. A fire flow shall be provided in accordance with the current edition of the California Fire Code (CFC) Table B105.1 based on the construction type and building area when building exceeding 3,600 square feet. A fire flow reduction of up to 50 percent is allowed when the building is provided with automatic sprinkler system in accordance with NFPA 13. The resulting fire flow shall not be less than 1,500gpms. (Provide with submittal of building drawings)
104.105. The minimum number of fire hydrants shall be provided in accordance with the Hayward Fire Code Ordinance and the California Fire Code (CFC). The average spacing between hydrants is 300 feet. Any portion of the building or facility shall be within 400 feet of a fire hydrant. Spacing and locations of fire hydrants shall be subject to review and approval by the Hayward Fire Department. With the
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determination of existing fire hydrants on Manon Ave., an additional hydrant may be required based on available water supply and water/fire flow demand of the site.
Fire Protection
105.106. All buildings are required to install an overhead automatic fire sprinkler system in accordance with NFPA 13/NFPA 13R as reflected on the current proposal. (a separate submittal by a licensed C16 Contractor is required to the Hayward Fire Department)
106.107. A maximum static pressure of 80 PSI should be used when test data indicates higher pressures. Residual pressures used in the calculation should also be adjusted accordingly.
107.108. Underground fire service lines shall be installed in accordance with NFPA 24 and City of Hayward SD204/216. The underground fire line will be determined based on type of fire sprinkler system proposed.
108.109. Fire sprinkler monitoring systems should be provided for multi-family residential buildings in accordance with the California Fire Code and NFPA 72. At a minimum, each fire sprinkler system riser shall have exterior local alarm bell(s).
Interior notification device(s) shall be installed within each residential unit. 109.110. An audible alarm bell (device) shall be installed on the exterior of the fire sprinkler system riser. The device shall activate upon any fire sprinkler system water flow activity.
110.111. Interior audible alarm device(s) shall be installed within each dwelling unit in a location approved by the AHJ. The device shall activate upon any fire sprinkler system water flow activity.
111.112. Interconnected smoke detectors shall be installed at approved locations based on the California Building (CBC), California Fire (CFC) Code(s) and NFPA 72 Standards.
Hazardous Materials
112.113. Environmental and Health Based Site Clearance - A Phase I Environmental Site Assessment and any other records regarding site contamination, investigation, remediation, or clearances from other regulatory agencies shall be submitted.
Provide clearance documentation from either the California Regional Water Quality Control Board or the Department of Toxic Substance Control to ensure that the property meets residential development investigation and cleanup standards. 113.114. The Alameda County Department of Environmental Health’s Local Oversight Program (LOP). The LOP contact, Paresh Khatri, can be reached at (510) 567-6700
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or (510) 777-2478. Clearance from the LOP will ensure that the proposed residential project meets development investigation and cleanup standards, including, if necessary, any clearance stipulations, such as a deed restriction or the need for any groundwater/soil vapor/soil management plan. LOP clearance shall be submitted to the Hayward Fire Department’s Hazardous Materials Office, the City of Hayward Planning Division and City of Hayward Public Works/Engineering Division prior to issuance of any grading and building permits.
114.115. Electronic Submittal of Environmental Documentation – Environmental Documentation associated with the evaluation, investigation and/or clearance of this site shall be provided in an electronic format to the City of Hayward Fire Department and Planning Division prior to the issuance of the Building or Grading Permit.
115.116. Demolition/Grading – A condition of approval prior to grading: Structures and their contents shall be removed or demolished under permit in an environmentally sensitive manner. Proper evaluation, analysis and disposal of materials shall be done by an appropriate professional(s) to ensure that hazards posed to development construction workers, the environment, future uses, and other persons are mitigated.
116.117. Wells, Septic Tank Systems or Subsurface Structures – Any wells, septic tank systems and other subsurface structures shall be removed properly to minimize threats to the health and safety of the development construction workers, future residents, or the environment. These structures shall be documented and removed under permit from the appropriate regulatory agency when required. 117.118. Hazardous Materials/Waste and their Vessels Discovered during Grading/Construction – If hazardous materials/wastes or their containers are discovered during grading/construction, the Hayward Fire Department shall be immediately notified at (510) 583-4910.
118.119. Underground Storage Tanks, Oil Water Separators, Hydraulics Lifts – If found on the property, underground vessels and/or structures shall be removed under an approved plan filed with the Hayward Fire Department (HFD) and appropriate samples shall be taken under the direction of a qualified consultant to ensure that contamination has not occurred to soil or groundwater. A follow-up report shall be required to be submitted to document the activities performed and any conclusions.
Below are specific requirements on each:
a. Underground storage tank and associate piping: An approved removal plan, including appropriate sampling, a Hayward Fire Department permit for the removal, and follow-up report is required.
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b. Oil Water Separators: An approved plan, including appropriate sampling, and follow-up report is required.
c. Hydraulic Lifts: An approved plan, including appropriate sampling, and follow-up report is required.
119.120. Hazardous Materials/Waste During Construction - During grading and construction hazardous materials and hazardous waste shall be properly stored, managed, and disposed.
AFFORDABLE HOUSING
120.121. This development is subject to the requirements of the Affordable Housing Ordinance set forth in Chapter 10, Article 17 of the Hayward Municipal Code. The applicant shall comply with the affordable housing requirements as reflected in the attached final Affordable Housing Plan on file with the Housing Division and included as Attachment X and detailed per Section 10-17.510 Affordable Housing Plan. No building permit(s) will be issued for any non-City restricted units in the Project until permits for all affordable units have been obtained or are obtained simultaneously. No Certificate(s) of Occupancy will be issued for any non-City restricted units in the Project until Certificate(s) of Occupancy for all affordable units have been obtained or are obtained simultaneously. 121.122. Pursuant to Hayward Municipal Code Sections 10-17.515 and 10-17.525, the applicant shall enter into and record against the property an Affordable Housing Agreement that includes all elements set forth in the Affordable Housing Ordinance and the final Affordable Housing Plan on file with the Housing Division and included as Attachment V to the staff report, prior to the approval of a final map or issuance of the first building permit, whichever occurs first. Additional rental or resale restrictions, deeds of trust, option agreements and/or other documents acceptable to the City Manager or designee shall be recorded.