DATE: April 1, 2025
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Adopt a Resolution Approving the Final Map for Tract 8600, a Residential Subdivision at 27865 Manon Avenue (Assessor’s Parcel Number 453-0090- 014-00), to Allow the Construction of Twenty-two (22) Townhouse Condominium Units 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. Owner: Sunflower Manon LLC, Application Nos. 202101491, and TM-23-0009
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8600 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), accepting easements and rights-of-way dedicated for public use, finding the action is exempt from CEQA review, authorizing the City Manager to execute the Subdivision Agreement and related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.
SUMMARY
The Final Map for Tract 8600 is a one-lot subdivision for condominium purposes on a 0.98- acre site at 27865 Manon Avenue allowing the construction of twenty-two (22) attached townhouse condominium units and related site improvements. 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 March 19, 20241. 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.
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BACKGROUND
Per State law, Tentative and Final maps are required for subdivision of real property into five or more parcels. In April 2021, the applicant submitted Zone Change, Site Plan Review, and Density Bonus Application 202101491 for 27865 Manon Avenue, requesting to rezone the property from Single Family Residential (RS) to Medium Density Residential (RM) and allow for a 22-unit townhome-style rental development. On September 8, 2022, the Planning Commission recommended that the City Council approve the proposed Zone Change, Site Plan Review, and Density Bonus application. On October 11, 2022, the application was formally approved with the City Council’s adoption of Ordinance 22-08 and Resolution 22-1512.
In September 2023 and prior to construction of the project, the applicant submitted an application requesting approval of a Vesting Tentative Tract Map to subdivide the development and to modify the previously approved Affordable Housing/Density Bonus Plan. The application was reviewed by the Planning Commission at a public hearing on February 22, 2024. The Planning Commission recommended that the City Council approve the Vesting Tentative Tract Map and Modified Affordable Housing/Density Bonus Plan. The City Council approved the Vesting Tentative Tract Map and Modified Affordable Housing/Density Bonus Plan on March 19, 2024.
DISCUSSION
Final Map and Improvements Plans - After Vesting Tentative Map approval, the subdivider submitted the Final Map; Improvement Plans were already under review as a rental development. The City Engineer has reviewed and 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 664623. 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)4. Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a).
New improvements will include a new curb, gutter, sidewalk, street lighting, and pavement along the project frontage; extension of the City’s sewer and water service; site lighting, landscaping, stormwater treatment facilities as well as a centrally located common area to be maintained by the Home Owners 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
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3 California Code, GOV 66462
4 Hayward Municipal Code 10-3.332
improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map.
ENVIRONMENTAL REVIEW
The environmental review was completed with the Zone Change, Site Plan Review, and Density Bonus Application. An Infill Consistency Checklist (Attachment VIII) was prepared, which tiered off the Hayward 2040 General Plan EIR. The checklist concluded that the 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 Vesting Tentative Tract Map and modified Affordable Housing/Density Bonus Plan proposed no changes to the buildings, landscaping plan, grading, and site improvements that were not analyzed in the previous Infill Consistency Checklist. 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 the approval of the final map will have a positive economic benefit in that it will result in the development of a vacant infill parcel with 22 new ownership townhome units. The project will result in new residents moving into Hayward, which should generate demand for goods and services, thereby providing stimulus for new or existing jobs and services in the City’s economy. The development will 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. 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 in that it would add 22 new townhomes to the City’s housing stock, including two ownership units that would be affordable to very low-income households.
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 each building and garages will be electric vehicle ready. The proposed landscaping will be drought resistant in accordance with the Bay Friendly Water Efficient Landscape Ordinance. The site will be graded to ensure that the stormwater runoff will be diverted to the bioretention 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 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, Development Services Director
Approved by:
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Dr. Ana M. Alvarez, City Manager