HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION APPROVING VESTING TENTATIVE TRACT MAP 8600 AND THE MODIFICATION OF THE AFFORDABLE HOUSING/DENSITY BONUS PLAN PERTAINING TO THE CONSTRUCTION OF 22 NEW 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, On October 11, 2022, the City Council adopted the Environmental Consistency Checklist and approved the Zone Change, Density Bonus, and Site Plan Review Application with the adoption of Resolution 22-251 and Ordinance 22-08; and WHEREAS, On September 14, 2023, the Applicant and Owner submitted Vesting Tentative Tract Map and Modification of Previous Approval Application TM-23-0009 to allow the previously approved development to be subdivided into ownership units and a corresponding update of the project’s Affordable Housing/Density Bonus Plan; and WHEREAS, The Planning Commission considered the Project at a public hearing held on February 22, 2024 and recommended that the City Council approve Vesting Tentative Tract Map and Modification of Previous Approval Application No. TM-23-0009; 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 March 19, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:
TENTATIVE MAP FINDINGS
Pursuant to Chapter 10, Article 3 of the Hayward Municipal Code (HMC), the Council may approve a Tentative Map application when all of the following findings are met:
The proposed subdivision is not in conflict with the General Plan and applicable specific and neighborhood plans.
The Medium Density Residential (MDR) land use designation of the Hayward 2040 General Plan allows a residential density range of 8.7 to 17.4 dwelling units per net acre. As is permitted by State Density Bonus Law, the previously approved townhome project associated with the proposed subdivision exceeds the residential density permitted by the MDR designation by approximately 30 percent in exchange for deed-restricting two units as permanently affordable to very low-income households. The MDR land use designation generally applies to suburban and urban areas that contain a mix of housing types. Typical building types include detached homes, duplexes, triplexes, fourplexes, townhomes, and multi-story apartment and condominium buildings. As such, the proposed subdivision is consistent with the MDR land use designation including the following policies in the General Plan:
Land Use Policy LU-1.4: The City shall encourage property owners to revitalize or redevelop abandoned, obsolete, or underutilized properties to accommodate growth.
Housing Policy H-3.1: The City shall continue to 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, condominiums, transit-oriented developments, live-work units, Accessory Dwelling Units (ADUs), and units in mixed-use developments.
Housing Policy H-3.4: The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
The proposed subdivision meets the requirements of the City Zoning Ordinance.
The project site is within the Medium Density Residential (RM) zoning district, which allows for a range of housing types, including attached townhome-style development. The project’s site plan and building design were all found to be in compliance with the applicable standards of the RM zoning district when the Zone Change and Site Plan Review application was approved by the Council in 2022, and no changes to the approved buildings or site layout are proposed. Further the proposed subdivision is consistent with all minimum lot requirements of the RM zoning district. As a result, the proposed subdivision is consistent with the City Zoning Ordinance.
No approval of variances or other exceptions are required for the approval of the subdivision.
No variances or other exceptions are required for the approval of this project with the exception of two density bonus waivers related to the placement of a security fence as permitted by State Density Bonus law.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
In 2014, the City certified the EIR for the Hayward 2040 General Plan. Pursuant to CEQA Guidelines Section 15183, projects consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified may not require additional review unless there may be project-specific effects that are peculiar to the project or site that were not adequately addressed in the EIR for the General Plan.
An Infill Consistency Checklist was prepared as part of the previously approved Zone Change and Site Plan Review application, which tiered off the Hayward 2040 General Plan EIR. The checklist concluded that the proposed project would not have any new or more significant effects on the environment than were previously analyzed in the General Plan EIR. As a result, no further environmental analysis was required.
The proposed Vesting Tentative Tract Map and modified Affordable Housing/Density Bonus Plan propose no changes to the buildings, landscaping, grading, and site improvements that were analyzed in the previous Infill Consistency Checklist. As a result, no further environmental analysis is required.
NOW THERFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby approves Vesting Tentative Tract Map and Modification of Previous Approval Application TM-23-0009, subject to the attached conditions of approval.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024 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
VESTING TENTATIVE TRACT MAP 8600
AND MODIFICATION OF AFFORDABLE HOUSING/DENSITY BONUS PLAN LOCATED AT 27865 MANON AVENUE, APN: 453-0090-014-00
APPLICATION TM-23-0009
CONDITIONS OF APPROVAL
GENERAL
The applicant 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.
Vesting Tentative Tract Map Application No. TM-23-0009 is approved subject to the Vesting Tentative Tract Map exhibits and accompanying civil plans prepared by Design Resources, Inc, dated December 18, 2023, except as modified by the conditions listed below. The adopted conditions of approval for Zone Change, Site Plan Review and Density Bonus Application No. 202101491 shall remain in effect for that application.
This Vesting Tentative Tract Map approval shall align with the timeframe set forth in the Subdivision Map Act and all related automatic and applicant-initiated extensions.
The permittee, property owner or designated representative shall allow the City’s staff to access the property for site inspections to confirm all approved conditions have been satisfied and all improvements are being maintained in compliance with all adopted city, state, and federal laws and regulations.
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 or approval of a Final Map.
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.
The applicant shall apply for and obtain all necessary permits from the City and/or outside agencies prior to commencing any site work.
The premises shall be kept clean and weed-free.
Property addresses will be assigned by the Development Services Department prior to issuance of building permits.
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 park impact fees. The park impact fee rate charged shall be the rate that is in effect at the time of building permit issuance.
LANDSCAPING
No building permit shall be issued prior to the approval of landscape and irrigation improvement plans.
Any slope that exceeds 3:1 but is less than 2:1 shall receive jute netting or erosion control material, regardless of the length of the sloped area, before installing mulch. For steep slopes exceeding 2:1, an organic compost blanket or organic compost sock in combination with chipped wood mulch shall be considered.
Trees shall be located a minimum of five feet from all utility service lines and driveways, a minimum of nine feet from the center lines of fire hydrants, a minimum of fifteen feet from light poles, and a minimum of thirty feet from the face of a traffic signal, or as otherwise specified by the City.
All final tree locations shall be field verified by the project landscape architect prior to planting and to resolve any conflicts that arise in the field.
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.
All above ground mechanical equipment shall be screened from the street with five-gallon shrubs.
A minimum twelve inch wide band of large size (exceeding six-inch diameter) Noiya Cobblestone shall be provided around overflow catch basins or bubble up basins.
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.
Standard Landscape Maintenance:
Landscaping shall be maintained in a healthy, weed-free condition at all times and shall maintain an irrigation system to function at designed performance, and shall minimize the use of fertilizers and pesticides, which contribute pollution to the Bay.
The owner’s representative shall inspect the landscaping on a monthly basis. Any dead or dying plants (plants that exhibit over 30% dieback) shall be replaced within ten days of the inspection.
Three inches of 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.
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 to or larger than the diameter of the staking pole.
All trees planted as a part of the development as shown on the approved landscape plans shall be “Protected” and shall be subjected to the City’s Tree Preservation Ordinance. Tree removal and pruning shall require a tree pruning or removal permit approved by the City Landscape Architect prior to removal.
Any damaged trees or trees removed without a permit shall be replaced in accordance with the City’s Tree Preservation Ordinance or as determined by the City Landscape Architect within the timeframe established by the City and pursuant to the Municipal Code.
The irrigation system shall be tested periodically to maintain a uniform distribution of irrigation water. The irrigation controller shall be programed seasonally. The irrigation system should be shut-off during the winter season, and the whole irrigation system should be flushed and cleaned when the system gets turned on in the spring.
Prior to Issuance of Building Permit
Prior to issuance of the first building permit, detailed landscape improvement plans prepared by a licensed landscape architect on an accurately surveyed base shall be approved as a part of the Final Map application. The plans shall comply with the City’s Bay-Friendly Water Efficient Landscape Ordinance (California Building Code Title 23) and all relevant Municipal Codes. The plans shall be stamped, signed, and dated by the project landscape architect. The plans shall include the water efficiency compliance statement and water budget calculations. Once approved by the City, copies of the approved landscape improvement plans shall be submitted as a part of the building permit submittal.
Prior to Issuance of Certificate of Occupancy
Prior to issuance of the certificate of occupancy for each building permit, all associated landscape and irrigation improvements shown on each permit shall be completed in accordance with the approved plans and accepted by the City Landscape Architect. Before requesting a landscape 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, Parts 1, 2 and 6, the project landscape architect's punchlist, and the landscape contractor's corrected photographs of all punchlist items (or applicable parts) shall be e-mailed to the City Landscape Architect prior to requesting an inspection.
Tract Acceptance.
The entire area of landscape improvements, including production homes and common landscape areas shall be completed and well maintained until acceptance by the City. The acceptance inspection shall be performed by the City Landscape Architect. Prior to requesting an inspection by the City Landscape Architect, the project landscape architect shall field inspect and accept the landscape improvements and shall submit the completed Appendix C, Certificate of Completion, Parts 1 through 7 in the City’s Bay-Friendly Water Efficient Landscape Ordinance to City Landscape Architect.
Pursuant to HMC Section 10-12.11 and Appendix C, Part 5, the project applicant shall submit an irrigation audit report for the entire irrigated landscape area. The report shall be prepared by a third-party certified irrigation auditor and submitted to the City. The report may include, but is not limited to inspection, system tune-up, system test with distribution uniformity, overspray or run off causing overland flow, an irrigation schedule, irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming.
Pursuant to HMC Section 10-12.07 - 09 and Appendix C, Part 6, a soil analysis report and documentation verifying implementation of the soil report recommendations, such as a calculation of the required compost and receipts of compost showing the matching quantity, shall be submitted as a part of Certificate of Completion package.
Pursuant to HMC Section 10 Article 12, Appendix C, Part 7, 100 percent of excavated soil, plants, and land clearing debris are required to be diverted for reuse or recycled purposes and shall be delivered to an authorized facility to maximize recycling. If green waste was diverted and the weigh tags were submitted and signed off on by the City’s Solid Waste Division, a copy of the signed document shall be submitted in place of Part 7.
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.
HOUSING
Prior to Issuance of Building Permit
This development is subject to the requirements of the Affordable Housing Ordinance outlined 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 V 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.
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 outlined 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, before 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 other documents acceptable to the City Manager or designee shall be recorded.
FIRE DEPARTMENT
Fire District
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.
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.
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.
Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Additional fire hydrant(s) are proposed.
Red curbing with signage will be required on all designated fire apparatus access roads, as required by the current edition of the California Fire Code (CFC) and local Standards.
Electrified gates shall be provided with a Knox product Keyswtich at a location approved by the Authority Having Jurisdiction (AHJ). The key switch/Knox box is available for purchase online at the website www.knoxbox.com.
Water Supply
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 the building exceeds 3,600 square feet. A fire flow reduction of up to 50 percent is allowed when the building is provided with an automatic sprinkler system in accordance with NFPA 13. The resulting fire flow shall not be less than 1,500 gpms.
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.
The installation of new private fire hydrants requires the submittal of drawings for review by the LFA. A separate plan submittal is required to the Hayward Fire Department.
Fire Protection
All buildings are required to install an overhead automatic fire sprinkler system in accordance with National Fire Protection Association (NFPA) 13/NFPA 13R. A separate submittal to the Hayward Fire Department by a licensed C16 Contractor is required.
A maximum static pressure of 80 PSI (pounds per square inch) should be used when test data indicates higher pressures. Residual pressures used in the calculation should also be adjusted accordingly.
Underground fire service lines shall be installed in accordance with NFPA 24 and City of Hayward City Standard Detail SD204/216. The underground fire line will be determined based on the type of fire sprinkler system proposed.
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. A separate submittal to the Hayward Fire Department is required by a licensed C10 contractor.
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.
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
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.
The Alameda County Department of Environmental Health’s Local Oversight Program (LOP). The LOP contact, Paresh Khatri, can be reached at (510) 567-6700 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 the City of Hayward Public Works/Engineering Division prior to issuance of any grading and building permits.
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 any building or grading permits.
Demolition/Grading – 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.
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’s construction workers, future residents, and/or the environment. These structures shall be documented and removed under permit from the appropriate regulatory agency when required.
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.
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:
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.
Oil Water Separators: An approved plan, including appropriate sampling, and follow-up report is required.
Hydraulic Lifts: An approved plan, including appropriate sampling, and follow-up report is required.
Hazardous Materials/Waste During Construction - During grading and construction, hazardous materials and hazardous waste shall be properly stored, managed, and disposed.
ENGINEERING
Tentative Map approval shall be subject to all conditions of approval cited in the City Council Resolution No. 22-251 for application 202101491 for the development of the same property as a residential complex with substantially the same design.
The subdivision and final map shall comply with the State Subdivision Map Act and Hayward Municipal Code Chapter, 10 Article 3 as determined and approved by the City Engineer.
A current title report shall be submitted to identify current ownership and any existing easements or land use restrictions.
Unless otherwise stated, all necessary easements shall be dedicated, and all improvements shall be designed and installed at no cost to the City of Hayward.
Prior to or concurrent with applicable final map recordation, the applicant shall record required reciprocal easements, ingress/egress easements and maintenance agreements for common use facilities and access ways.
All required and conditioned improvements shall be complete as per plans approved by the City Engineer prior to Final Map approval, or the subdivider shall execute a Subdivision Improvement Agreement and post improvement securities in form and amounts acceptable to the City.
Subdivision improvements shall meet the needs for public health, safety and welfare and comply with the current Standard Details and Specifications of the City of Hayward and other involved agencies. Such improvements shall include, but are not limited to, those needed for all-weather vehicular and pedestrian access, fire and traffic safety, safety lighting, collection and disposal of sanitary sewer drainage, and solid waste, and utility services for water, telecommunications, electricity, and heating.
A Homeowners Association (HOA) shall be incorporated, and its related Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review and approval before submittal to the State Department of Real Estate (DRE) and filing in the public records of Alameda County prior to the sale of any parcel. The CC&Rs shall include the following provisions:
The HOA shall be managed by a professional property management company.
The HOA shall maintain updated registration information with the Secretary of State.
The HOA shall own and maintain in fully functional condition and good repair all areas, improvements, retaining walls, area lighting, driveways and facilities created for common use of the property owners within the project but not dedicated or accepted by the City for its maintenance.
The HOA shall be responsible for complying with the current and all future updates to the Community Preservation and Improvement Ordinance, Hayward Municipal Code Chapter 5, Article 7.
The HOA shall maintain the common area landscaping in a healthy, weed–free condition and maintain its irrigation system consistent with project approvals.
The CC&Rs shall describe how the HOA shall maintain the stormwater treatment and site-design measures associated with privately owned improvements and landscaping.
The HOA shall own and maintain on-site area lights which shall have a decorative design approved by the Planning Director and City Engineer.
The HOA shall arrange for street sweeping of the private street and private parking stalls at least once a month.
Prior to Building Permit Issuance
A City grading permit shall be secured, and the Final Map shall be recorded in the County Recorder’s office before a building permit is issued for any new structure. Model homes may be permitted prior to recordation of the Final Map in accordance with Subdivision Map Act Section 66499.30(a).
The design documents and plans for the site grading and improvements shall be prepared by or under the direction of a State licensed design professional and approved by the City Engineer. Plans shall provide construction details for all improvements proposed in the project application and required by the City’s conditions of approval.
The subdivider shall obtain permits or approvals from all affected agencies or private parties. Copies of applicable permits or approvals shall be provided to the City Engineer upon request.
The subdivider 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.
The City Engineer’s approval is required for the final grading, drainage and improvement plans.
All 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 prepared by the project’s geotechnical engineer, subject to approval by the City Engineer. Plans for grading and drainage for the grading permit shall be reviewed and signed by the soils report engineer certifying that the recommendations in the report have been followed. Arrangements shall be made with the soils report engineer to submit a certification to the City Engineer confirming that grading, drainage and backfill installation related work was performed in general compliance with recommendations in the geotechnical report. All material testing reports will be submitted as attachments to the certification letter report.
A building permit is required for earth retaining structures exceeding four feet in height (measured from the bottom of footing to top of wall). This permit shall require structural calculations and details prepared by a licensed civil or structural engineer and approval by the City’s Building Division.
The project shall not block runoff from, or augment runoff to, adjacent properties. The applicant 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.
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.
Drainage plans shall 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.
The on-site storm conveyance and treatment systems shall be owned and maintained by the project’s HOA.
The project’s Stormwater Control Plan and updated Stormwater Requirements Checklist shall be submitted with the Subdivision Improvement Plan application 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.
All utility services to the development shall be underground, designed and installed in accordance with the service provider’s regulations. Transformers and switch gear cabinets shall be placed underground. Underground utility plans must be submitted for City approval prior to installation (HMC Section 10-3.815).
The subdivider/developer shall provide and install the appropriate facilities, conduit, junction boxes, etc., to allow for installation of a fiber optic network within the development.
Improvements in the public right-of-way fronting the project site shall include the following requirements:
Replace unused driveways with concrete curb, gutter, and sidewalk matching existing in color, form, and grades.
Driveways shall comply with the City Standard Detail SD-108 and have no curb returns Replace any existing damaged curb, gutter, sidewalk, driveways, streetlights, street pavement and street pavement markings fronting the project. Also replace such improvements with new improvements if not complying with current accessibility standards or the City Standard Details.
Replace failing segments of existing street pavement fronting the project site with hot-mix Asphalt-Concrete (A.C.) matching the existing street pavement section fronting the project.
During Construction
The applicant/subdivider shall be responsible for preventing the discharge of pollutants or dust from the project site during and after 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 always contained. 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.
The applicant/subdivider 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 project. Damaged pavement surfaces shall be overlain or micro-surfaced. All repairs shall be completed to the satisfaction of the City Engineer. Unused driveways or unused portions thereof shall be removed and replaced with curb, gutter and sidewalk constructed in accordance with the applicable City Standards.
The applicant/subdivider shall be responsible for adjusting existing utility boxes/vaults to grade and locating and protecting existing communication conduits (fiber optic and copper) along the project’s frontages.
Prior to Issuance of Certificate of Occupancy
All improvements, including for streets, parking lots, walkways, fencing, sanitary sewer, storm drainage, water system, underground utilities, streetlights etc., shall be completed and accepted by the City Engineer before approval of occupancy of any unit in the subdivision. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies.
All pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Public Works Director and Development Services Director or their designees.
The property owner or HOA shall execute the City’s standard “Stormwater Treatment Measures Maintenance Agreement” prepared by the City. The Maintenance Agreement shall be recorded with the Alameda County Recorder’s Office to ensure that the maintenance responsibility for the treatment control and site design measures is bound to the property in perpetuity.
The subdivider shall submit a letter from the project geotechnical engineer confirming they have observed all grading activities and that those activities were performed in conformance with their recommendations.
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.
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.
TRANSPORTATION
Pursuant to City of Hayward Traffic Code Article 9, the Homeowners Association (HOA) shall maintain adequate visibility and sight distance, as defined by City of Hayward Traffic Code, at all project driveway(s) and access point(s).
The HOA shall prohibit two-way vehicular traffic flow and shall maintain one-way vehicular traffic flow, with the exception of emergency vehicles, on all private roadways within the subject property.
The HOA shall maintain in fully functional condition and good repair all pavement markings, including but not limited to one-way pavement markings, and signage on and along all private streets within the subject property.
Prior to Issuance of Building Permits
Applicant shall prepare and submit an on-site and off-site (fronting City right-of-way) Signing and Striping Plan in accordance with current Caltrans Standard Plans (refer to Caltrans Standard Plans Sheet A90A for more information regarding marking disabled stalls). Signing and Striping plans shall be included in Improvement Plans and shall be prepared to the satisfaction of the Public Works Director or his/her designee.
Applicant shall prepare and submit an on- and off-site Photometric Plan (“Photometric Plan”). The Photometric Plan shall conform to Standard Details (https://www.hayward-ca.gov/sites/default/files/documents/standard-details-updated-jan-2020.pdf), including but not limited to SD-120, Design Criteria for Roadway Lighting and shall be prepared to the satisfaction of the Public Works Director or his/her designee.
Pursuant to HMC 7-1.10, and if required by the Public Works Director or his/her designee upon review of the Photometric Plan, the Applicant shall install on- and/or off-site lighting, including but not limited to street lighting along the project frontage. Proposed lighting shall comply with City Standard Details and shall be included in Improvement Plans, which shall be prepared to the satisfaction of the Public Works Director or his/her designee.
Applicant shall prepare and submit a Turning Analysis, which shall be prepared and stamped by a Professional Engineer (P.E.) or Traffic Engineer (T.E.) licensed by the State of California. The Turning Analysis shall be prepared using the Autoturn software package and using the WB-50 vehicle template. An alternate vehicle template for the largest vehicle expected on-site may be used in substitution for a WB-50, with approval from the Public Works Director or his/her designee.
Applicant shall stripe 25 foot red curb on Manon Avenue on both sides of all project driveways and shall install “No Parking at Any Time” (California MUTCD R26(CA) or R28(CA)) signage at all locations where red curb is conditioned. This item shall be included in the Signing and Striping Plans.
Vehicular traffic flow on all private streets within the subject property shall be one-way directional only. Applicant shall stripe one-way arrow pavement markings and install all necessary one-way signage, as required by the Public Works Director or his/her designee in order to comply with this condition. This item shall be included in the Signing and Striping Plans.
Applicant shall designate one of the two proposed security gates as “Entry Only” and the other security gate as “Exit only”. Gate doors shall slide from side-to-side and shall not open toward or into the public right-of-way, including but not limited to the sidewalk. This item shall be included in the Signing and Striping Plans.
Applicant shall include mirrors on both the entry and exit gates that allow drivers entering and exiting the development improved visibility of vehicular, pedestrian, and bicycle traffic along Manon Avenue. This item shall be shown on the Building Permit plan set.
UTILITIES
Prior to Issuance of Building Permits
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.
All connections to existing water mains shall be performed by City Water Distribution personnel at the Applicant’s expense.
The Applicant is responsible for applicable water and sewer connection/capacity fees, at the rates in effect at the time of application for water and sewer service, prior to water connection and sewer discharge.
Any modifications to existing water services, such as, but not limited to, upsizing, downsizing, relocating, and abandoning shall be performed by City Water Distribution personnel at the Applicant/Developer’s expense.
Only City of Hayward Water Distribution personnel shall perform operation of valves on the City of Hayward Water System.
Each residential dwelling unit shall be served by its own water meter.
The development requires a separate irrigation water service for the property’s landscaping.
Fire flow data may be required for this project. Information regarding existing fire flow data and how to request for new fire flow test data is available on the City’s Fire Flow Testing website, here: https://www.hayward-ca.gov/fireflow.
The Applicant shall install an above-ground reduced pressure (RP) backflow prevention assembly on all irrigation water services, non-residential domestic water services, and residential domestic water services where there is a water well on the property, per City Standard Detail 202 (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. Backflow prevention assemblies installed on potable water sources shall be lead-free.
A separate fire permit is required for the fire sprinkler system installation. The fire service size will 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 services must be installed by the City’s Water Distribution personnel at the Applicant’s or Developer’s expense.
Water mains and services, including the meters, must be located at least ten (10) feet horizontally from and one (1) 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.
Water meters and services shall be located a minimum of two feet from top of driveway flares as per City Standard Detail 213 (SD-213) through 218 (SD-218). Water meters shall not be located in the driveway. Water meter lids shall be Nicor, Inc.
The developer is responsible for payment of sewer connection fees at the current rates at the time of application for water and sewer service.
Each dwelling unit shall be assessed a sewer connection fee.
All sewer mains and appurtenances shall be constructed in accordance to the City’s “Specifications for the Construction of Sewer Mains and Appurtenances (12” diameter or less),” latest revision at the time of permit approval.
The development shall dedicate to the public a Sanitary Sewer Easement (SSE) including rights of ingress and egress for the purpose of construction and maintenance of public sewer system facilities (sanitary sewer main and manhole) within the entire roadway/private street. The final location and width of the easement shall be to the satisfaction of the City Engineer. Maintenance of the public sewer system shall be the responsibility of the City of Hayward.
ATTACHMENT II