DATE: February 25, 2025
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Adopt a Resolution Approving the Final Map for Tract 8427, a Residential Subdivision at 22626 4th Street (Assessor’s Parcel Numbers 427-0036-033-05, 427-0036-033-06, 427-0036-055-20 through 427-0036-055-25, & 427‐0036‐ 085‐01), to Allow the Construction of Forty (40) Detached Single-Family Residences with Common Open Space Areas and Related Site Improvements; Accepting Easements and Rights-of-Way Dedicated for Public Use; and Authorizing the City Manager to Execute a Subdivision Agreement and Finding that the Action is Exempt from CEQA Review. Applicant/Owner: J Darwin Homes LLC, Application Nos. 201704074 and MTA-24-0004
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8427 (Attachment III), finding it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), accepting easements and right-of-way dedicated for public use, finding the action is exempt from CEQA review, and authorizing the City Manager to execute the Subdivision Agreement, related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.
SUMMARY
The Final Map for Tract 8427 is a forty-lot subdivision on a 5.1-acre site at 22626 4th Street allowing the construction of forty (40) single-family detached residential units with private streets and other site improvements. In addition to the forty residential lots, Parcels A and B, and Lots A, B, D, E and F are to be owned and maintained by the Homeowners Association of Tract 8427 and are reserved for access, utilities, creek setback/drainage, ingress, stormwater treatment, and/or landscaping purposes with Lots A, B and F, specifically being for new private streets Bernadine Drive, Nagy Circle, Azores Court, and Mary Court. Lot C is intended to be conveyed to the adjacent property owner at 22642 4th St. The City Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to complete all required improvements.
The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the City Council on July 10, 20181. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and has determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of map approval.
BACKGROUND
Tentative Map - Per State law, Tentative and Final Maps are required for subdivision of real property into five or more parcels. The Planning Application (No. 201704074) showing the proposed subdivision into forty-one (41) residential lots and five (5) parcels allowing the construction of forty-one (41) single family residences, private streets, and related site improvements, along with preliminary plans and documents describing the proposed development was reviewed and approved by City Council on July 10, 2018, subject to certain Conditions of Approval.
The City Council approved the Vesting Tentative Map of Tract 8427, a Zone Change to Planned Development District, Site Plan Review, and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program in a public meeting after considering comments from the public and public agencies. The City Council also considered compliance with the Subdivision Map Act, the Environmental Quality Act, Planned Development guidelines, the City Subdivision Ordinance, Zoning Code, Building Regulations, the Hayward 2040 General Plan, and the site-specific requirements of the Planning, Public Works, Fire, and Police Departments. The single-family residential units proposed in the subdivision will fulfill several goals and objectives of the City’s General Plan by providing in-fill development, increasing housing diversity and incorporating Compete Streets elements.
On July 30, 2024, the applicant submitted a Precise Development Plan Application (MTA-24- 0004) as required by the Vesting Tentative Map and PD Rezoning Conditions of Approval. In that application, the number of residential lots was reduced from 41 to 40 lots. During a February 2024 biologist survey, the riparian vegetation had grown, thereby increasing the limit of the California Department of Fish and Wildlife (CDFW) jurisdiction (creek setback) and reducing the useable site area. In response to this, the lotting and lot sizes/ areas around the riparian edge were all adjusted to maintain the CDFW jurisdictional limit, and one lot was omitted. On January 10, 2025, the Precise Development Plan application was approved on the grounds that it substantially conforms to and satisfies the conditions of approval of the Preliminary Development Plan and Vesting Tentative Map that was initially approved by the City Council on July 10, 2018.
DISCUSSION
Final Map and Improvements Plans - After Vesting Tentative Map approval, the subdivider has submitted the Final Map and Improvement Plans. The City Engineer has reviewed and
1 City Council Minutes 071018
determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of the map approval.
Improvement Agreement and Securities - The subdivider has requested the City’s approval of the Final Map before all required improvements are completed as provided for in the State Subdivision Map Act Section 664622. The subdivider has agreed to execute an agreement with the City to complete the improvements required for the subdivision in a timely manner as per the improvement plans approved by the City Engineer and as stipulated in the Hayward Municipal Code Section 10-3.330 (a). Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a)3.
New improvements will include a new crosswalk at the eastern side of the 4th and B intersection with associated traffic signal modifications; extension of the City’s sewer and water service to each new unit; undergrounding overhead utilities along the project frontages on 4th Street, B Street, and Chestnut Avenue; private streets Bernadine Drive, Nagy Circle, Azores Court, and Mary Court with fourteen on-street parking spaces; an open space area centered around two preserved oak trees; and site lighting, landscaping, stormwater treatment facilities, and a 12-foot wide multi-use pathway along 4th St. for both bicycles and pedestrians to be maintained by the Homeowners Association (HOA). All utilities within the subdivision will be underground.
The City Council’s approval of the Final Map shall not become effective until and unless the developer enters into a Subdivision Agreement with the City for the construction of improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map.
ENVIRONMENTAL REVIEW
The environmental review was completed when the Vesting Tentative Map was approved in 2018. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information which would require additional environmental review.
Approval of the final map is a ministerial act not involving exercise of discretionary powers by the City Council, and is therefore not an action subject to CEQA review pursuant to CEQA Guidelines section 15060(c)(3).
ECONOMIC AND FISCAL IMPACT
The Final Map, by itself, will not have a fiscal or economic impact. The development created by approval of the final map will redevelop an underutilized site in an existing residential setting.
The development would connect to existing public utilities and services and is not expected to have a negative result on the City regarding public utilities or public services. Furthermore, the project would result in new residents moving into Hayward, which should generate demand for goods and services, thereby providing stimulus for new or existing jobs and
2 California Code, GOV 66462
3 Hayward Municipal Code 10-3.332
services in the City’s economy. The Final Map approval is consistent with the approved project.
STRATEGIC ROADMAP
Approval of the Final Map supports the Strategic Priority of Preserve, Protect and Produce Housing for All, however, it is not tied to implementation of any specific projects.
SUSTAINABILITY FEATURES
The project includes sustainability features to improve energy efficiency, reduce greenhouse gas emissions, and conserve water. Rooftop solar panels will be installed on all the residences.
The proposed landscaping will be drought resistant in accordance with the Bay Friendly Water Efficient Landscape Ordinance. The site will be graded to ensure the stormwater runoff will be diverted to the bioretention and Silva Cell stormwater treatment areas.
NEXT STEPS
If the City Council approves the Final Map, the applicant will have the Final Map recorded after executing the Subdivision Improvement Agreement. Occupancy permits for the new units will be issued only after the required improvements are completed as per the plans approved by the City and a Homeowners Association (HOA) is incorporated for the maintenance and repair of the new common use improvements within the subdivision.
Prepared by: Cathleen Terentieff, Development Services Engineer
Recommended by: Sara Buizer, AICP, Director of Development Services
Approved by:
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Dr. Ana M. Alvarez, City Manager