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Attachment II (A) Plan of Control Transfer Inspection

Hayward City Council
November 19, 2024

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Attachment II (A) Plan of Control Transfer Inspection
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November 19, 2024
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Hayward City Council
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2010 Crow Canyon Place, Suite 250  San Ramon, CA 94583  (925) 866-9000  Fax (888) 279-2698 www.engeo.com

Project No.
15342.000.000
May 18, 2023

Mr. Travis Kauzer
Hayward Tennyson Land, LLC
c/o Grupe Communities, Inc.
3255 West March Lane, 4th Floor
Stockton, CA 95219

Subject: Hayward Geologic Hazard Abatement District
Hideaway (formerly Ersted Property) Development
Hayward, California

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER INSPECTION

Dear Mr. Kauzer:

As requested, ENGEO, acting as the Hayward GHAD Manager, conducted a site inspection for the listed parcels and slope easement areas within and adjacent to the Hideaway development (Tract 8439) in Hayward, California. The site inspection occurred on February 3, 2023. These parcels are proposed for transfer (“Transfer Parcels”), as identified on the transfer applic ation provided by Hayward Tennyson Land, LLC (“Developer”) to the H ayward GHAD, as l isted in Table 1 below.

TABLE 1: Transfer Parcels – Parcels and Streets
ASSESSOR’S PARCEL NUMBER
(APN) PARCEL LABEL ADDRESS /

DESCRIPTION

FUTURE GHAD-

OWNED PARCEL
78C-806-4 Parcel L Tract 8439 Yes
78C-807-1 Parcel M Tract 8439 Yes
78C-805-1 Parcel A Tract 8439 No
78C-805-2 Parcel B Tract 8439 No
78C-805-3 Parcel C Tract 8439 No
78C-806-1 Parcel D Tract 8439 No
78C-805-1 Parcel E Tract 8439 No
78C-805-5 Parcel F Tract 8439 No
78C-805-6 Parcel G Tract 8439 No
78C-805-7 Parcel H Tract 8439 No
78C-806-2 Parcel I Tract 8439 No
78C-806-3 Parcel J Tract 8439 No
78C-805-8 Parcel K Tract 8439 No
78C-805-9 Parcel N Tract 8439 No
78C-805-10 Parcel O Tract 8439 No
78C-805-11 Parcel P Tract 8439 No
78C-805-12 Parcel Q Tract 8439 No
78C-805-13 through 78C-805-71 Residential Tract 8439 No

Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 2

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER INSPECTION

As described in Section 6.4 of the Hideaway Development Plan of Control ( Reference 1), t he purpose of this inspection is to verify that all the f acilities for w hich the GHAD will have maintenance responsibility have been constru cted a nd maintained a ccording to the City-approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order.

As stated in t he Plan of Control (Reference 1), eligibility for transfer will occur exactly 3 years after the is suance of the first residential building permit by the City of Hayward within the Hideaway development wit hin the Hayward GHAD. The f irst residential building permit was issued on December 10, 2020 . The turnover date may be extended by th e project developer.

Section 6.4 of the Plan of Control also states, “Up to one year in advance of the Transfer Eligibility Da te or in any subse quent year, at its discretion, the Developer may app ly to the GHAD (“Transfer Application”) to tra nsfer the responsibility for performing GHAD Activities ( as such term is defined in Section 7.0 [of the Plan of Control] for such Parcel(s) to the District.”

Based on observ ations made during the February 2023 site walkover s, the parcels listed in Table 2 are eligible for transfer of Plan of Control responsibilities to the Hayward GHAD as there were no areas of concern related to Plan of Control responsibilities identified on these parcels.

TABLE 2: Areas Eligible for Transfer to the Hayward GHAD ASSESSOR’S PARCEL NUMBER (APN) PARCEL LABEL ADDRESS/DESCRIPTION 78C-805-1 Parcel A Tract 8439
78C-805-2 Parcel B Tract 8439
78C-805-3 Parcel C Tract 8439
78C-806-1 Parcel D Tract 8439
78C-805-1 Parcel E Tract 8439
78C-805-5 Parcel F Tract 8439
78C-805-6 Parcel G Tract 8439
78C-805-7 Parcel H Tract 8439
78C-806-2 Parcel I Tract 8439
78C-806-3 Parcel J Tract 8439
78C-805-8 Parcel K Tract 8439
78C-805-9 Parcel N Tract 8439
78C-805-10 Parcel O Tract 8439
78C-805-11 Parcel P Tract 8439
78C-805-12 Parcel Q Tract 8439
78C-805-13 through 78C-805-71 Residential Tract 8439

COMMENTS

We had the following observations during t he site inspections and have provided comm ents on items to be completed prior to transfer of Plan of Control responsibilities to the GHAD.

Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 3

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER INSPECTION

Drainage Ditches and Swales

1. A segment of concrete-lined drainage ditch is located on Parcel M and will be maintained by the GHAD (Figure 1). The concrete-lined drainage dit ch was observed for accumulation of debris and sediment and for obvious distress such as crackin g or shifting of the concrete. In general, the concrete -lined d rainage ditc h located on Parcel M was in g ood condition.

Routine m aintenance shall be performed and include remov al of accumulated vegetati on, vegetative debris, and soil. Vegetative debris shall be cut and removed from within the ditch and for a minimum of 12 inches on both sides of the ditch. Vegetation overhanging the ditch shall also be removed.

2. A drainage swale is located on Parcel M and will be maintained by the GHAD (Figure 1).

The d rainage sw ale was observed for proper shape, profile , and overall condition. At the time of our site visit, it appear ed that the drainage swale was not con structed based on City-approved as-built improvement plans (Reference 4 ). The d rainage swale should be constructed according to the approved improvement plans.

3. Along the property fence east of Lo t 59 on Parcel M (APN 78C-807-1), there appears to be a rip rap-lined drainage swale (F igure 1). Based on review of the City-approved as -built improvement plans, there does not appear to be mention or detail provided f or th e riprap-lined drainage swale. The GHAD requests an updated plan or detail for the existence of the riprap-lined drainage swale.

Subdrain Outlets

4. Subdrain outlets within the Transfer Areas were observed for condition and flow (Figure 1).

Additional comments for observed subdrain outlets within the Tra nsfer Areas are listed i n Table 2.

TABLE 2: Keyway Subdrains

LABEL COMMENTS
SD-1 Unable to locate.

SD-2 Unable to locate.

SD-3
Unable to locate. Possible location near or in white, 6” diameter perforated PVC stick up. Confirm outlet detail and location.

SD-4 Unable to locate. No accessible storm drain inlet or manhole near outlet location.

SD-5 Open and clear. No flow at time of visit.

SD-6 Unable to locate.

SD-7 Unable to locate.

Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 4

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER INSPECTION

Storm Drain System

5. Storm drain inlets are located within the Transfer Areas. Maintenance should include bolting unsecured grates, replacement of damage d grates, replacement of mechanically damaged sections, sealing of cracks, removal of accumu lated vegetati on, debris , constru ction materials (such as silt sa cks), and so il. All the storm drain inlets should b e thoroughly inspected and corrected for items noted above.

Open Space and Slopes

6. There is a minor landslide on the slope above the Homeowners Association’s landscaped common space, east of the parking stalls on Ashwell Avenue, on Parcel M (Figure 1). This landslide should be repaired prior to acceptance by the GHAD.

7. On Parcel L, it appears that the ne ighboring development is undergoing active construction and has used the southern corner portion of Parc el L as storage for construction materials and soil stockpiles (Figure 1 ). The construction materials and soil stockp iles should be removed and slope grades should be reestablished prior to acceptance by the GHAD.

8. Along the eastern edge of Parcel L, a large tree has fallen and has uprooted subsurface soil (Figure 1). The tree should be removed a nd properly disposed of off site, and slope grades should be reestablished prior to acceptance by the GHAD.

9. All litter and debris, including remaining construction materials, shall be removed from the open space parcels and banks of the creeks and wetland areas . Several observable locations with significant debris within the open space parcels are noted in Figure 1.

Retaining Walls

10. A bur ied retaining wall exists on Parcel L and will be considered a GHAD-maintained improvement since it resides on a future GHAD -owned parcel. Since the retaining wall is buried, there were no observable conditions of the retaining wall to report. Retaining walls on non -GHAD-owned parcels are maintained by others and the GHAD ’s responsibilities would be related to retaining walls impacted by a geologic hazard as provided for in the Plan of Control.

Vegetation Management

11. On Parcels L and M, vegetation should be controlled sufficiently to meet the requirements of Hayward Fire Department standards until the GHAD accepts transfer of the parcels.

Trails

12. There is a pedestrian walking trail located on Parcel M that will be maintained by the GHAD (Figure 1) . At the time of o ur site visit, there were minor eros ion rills, st raw waddles, and overgrown vegetation within t he trail. The erosion rills should be repaired , and the straw waddles and overgrown veg etation should be removed prior to acceptance by the GHAD.

Additional improvement details related to the trail should be pr ovided to th e GHAD , if available.

Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 5

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER INSPECTION

Fencing

13. As the GHA D will be th e long -term owner of Parcels L and M within the Hideaway development, the property line fencing will be GHAD-owned and maintained. The existing fencing should be inspected along the pr operty boundary and replaced where damag ed or missing.

Locks

14. The GHAD should be provided with any keys and codes to locks that will be maintained within open space parcels and maintenance roads.

Transfer Documents

15. As identified in the re ferenced Plan of Control, the GHAD should be provided with copies of the geo technical explorat ion reports, field-verified geologic maps, as-built grading plans, as-built corrective grading plans, as-built improvement plans, as-built subd rain plans , retaining wall dra inage plans, and as-built testing and observa tion reports r elated to earthwork within the Transfer Areas.

16. The GHAD should be p rovided with any agreements or requir ements related to la ndscape maintenance on Parcels L and M, if a ny. The GHAD wi ll review any conditions related to landscape maintenance to det ermine if the current conditions meet the se requirements. In addition, the GHAD should be supplied with a contact to notify if any issue s arise with the plants or irrigation system.

17. The GHAD should be provided with copies of approved land scape plans , including plans showing any mitigation plantings and associated irrigation systems. The GHAD s hould also be provided wit h th e process the de veloper has for decommissioning any tempo rary irrigation systems.

18. The GHAD requests documentation from the City of Hayward verifying acceptance of GHAD-maintained improvements within all Transfer Areas as listed in Table 1 and Table 2.

19. For the GHAD’s review, t he GHAD should be provi ded with draft Right -of-Entry agreement(s) f or lan dscape maintenance, mitigation, or addit ional activiti es planned by others on future GHAD-owned Parcels L or M.

20. As provided in the referenced Plan of Control, GHAD Ownership Areas will include Parcels L and M. Draft grant deeds should be provided to the GHAD for Parcels L and M for review. In addition, the GHAD should be prov ided with a cop y of any deed restrictions that may exist for Parcels L and M.

21. The GHAD requests prelimin ary tit le re ports fo r Parcels L and M. Existing easeme nts, encumbrances, or other title exceptions will be review ed and may need to be extinguished before deeds are recorded.

22. The GHAD requests copies of any fencing agreements with neighboring property owners for repair or maintenance responsibilities, if any.

Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 6

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

PLAN OF CONTROL TRANSFER INSPECTION

We will review the requested documentation and reinspect the listed site conditions after we are informed in writing that the site corrective work has been complet ed. It shou ld be noted that additional punch list items may be add ed based on a review of t he requested documents.

Please do not hesitate to call if you have any questions regarding this letter.

Sincerely,

ENGEO Incorporated

Hayward GHAD Manager

Haley Ralston Robert H. Boeche, CEG

hjr/rhb/dt

Attachments: List of References
Figure 1 – Site Plan

15342.000.000
May 18, 2023

LIST OF REFERENCES

1. ENGEO. 2019. Hayward Geologic Hazard Abatement Distr ict (GHAD) Plan o f Contro l, Ersted Property, Tract 8439, Hayward, California. Project No. 15342.000.000. February 26, 2019.

2. Berlogar Stevens & Associat es. 2019. Remedial Grading Plan, Ersted-Tennyson Property, Hayward, California. Job No. 3823.104. March 12, 2019.

3. Wood Rodgers. 2019. Grading Plans, Tract 8439- Ersted Property. March 2019. Project No. 3121.020.

4. Wood Rodgers. 2019. As-Built Improvement Plans, Tract 8439- Ersted Property, Hayward, California. October 31, 2019. Project No. 3121.020.

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