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The meeting is being webcast on Comcast TV Channel 15 and live streamed on the cities, YouTube channel and on the city's website.

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You would all rise for the pledge of allegiance if you were able.

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Miss Allen, will you take roll?

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Commissioner Hammond

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President.

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Commissioner Hardy.

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President.

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Commissioner Low.

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Commissioner Myers.

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Present.

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Commissioner Stevens.

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Commissioner Yorgav Absent.

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Chair.

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Good body.

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Present.

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At this time, I would like to open public comment.

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The public comment section provides an opportunity to address the planning commission on items that are not listed on today's agenda.

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The Commission welcomes comments and requests that speakers present their remarks in a respectful manner with established time limits and focus on issues which directly affect the city or within this jurisdiction of the city.

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As the Commission is prohibited from state law by state law from discussing items that are not listed on the agenda, your item will be taken and taken under further consideration and maybe refer to staff for further action.

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Speaker shall not use threatening, profane, or abusive language, which disrupts, disturbs,

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or otherwise impedes the orderly conduct of a commission meeting. The city is committed

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to maintaining a workplace free of unlawful harassment and is mindful that city staff regularly

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attend commission meetings. Discriminatory statements or conduct that is hostile, intimidating,

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oppressive or abusive, our per se disruptive to a meeting and will not be tolerated.

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Ms. Allen, do we have any public comments?

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There are not at this time.

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Do we have any online?

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No, not online either.

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Okay, I'm going to close public comments and go to the first action item,

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which is

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pH 26-037 and for this item, the agenda, the decision of the Plan Commission

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is final unless it is appealed. The appeal period is 10 days from tonight's decision,

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and if it's appealed, a public hearing will be scheduled before the City Council for final

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decision at a date to be determined in the future.

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I'm going to turn it over to Ms. Rashard for presentations.

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Good evening, Hayward Community and Planning Commission.

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I am Taylor Rashard and Associate Planner with the City of Hayward Planning Division.

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In tonight, I'm happy to present on the Proposed Mental Health Rehabilitation Center

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at 3, 7, 8, 8, 8, deeper road requiring approval

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of a variance and site plan review application.

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Before we dive into the project, I want to familiarize and orientate us to the project site and provide some background.

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Mr. Charter, I'm just going to stop you right now. We don't have the presentation on our monitors and the front.

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Let's say for tonight's meeting, if the commissioner's could just follow along on on their laptops or my pads.

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Or upon the screen. Thank you. Go ahead.

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Okay. Before we dive into the project, I want to familiarize and orientate us to the project site and provide some background.

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The site is located within West Hayward, Nestled in an urbanized area where it is surrounded by industrial business parks, automobile uses,

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contractor services, and the Hayward Water Resource Control Recovery Facility.

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The project site is in very close proximity to AC Transit bus route 86, which provides service to Hayward Bart,

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South-Award Bart, Cabot Boulevard, Industrial Boulevard, and Tennyson Road.

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The project site is also located close to several arterials, State Route 92, and Class 3.

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The project site has a unique background which is helpful in providing context regarding the proposed development we are reviewing today.

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The project site was originally developed for commercial purposes, starting in the late 1960s, early 1970s. It was used as such until 2014 when the city used eminent domain to extend white cell street.

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Whitesill Street by sected the existing property forming two small irregularly shaped parcels that make up today's project site as shown on the screen and red.

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All the other impacted properties from the Whitesill Street extension are much larger and more irregularly shaped comparatively, making the project site and anomaly within its zoning district.

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Following the completion of white cell street extension, the city utilized the Eastern

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parcel for the Hayward Navigation Center, which was operated by a Bay Area Community

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Services, also known as BACS. In 2025, BACS applied for and received behavioral health

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continuum infrastructure program funding to construct a mental health rehabilitation facility.

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Following that, the city council authorized negotiation and execution of an agreement to

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the project site to back. In May of this year, the Hayward Navigation Center moved off-site leaving the site vacant,

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and in July, the City Council finalized the disposition and development agreement to sell the project site to back,

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which leads us to today.

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Now that we've familiarized ourselves with the project site and the background,

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let's get into the project itself. The project is located on two parcels, totaling 0.97 acres,

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with frontages along Whitesil Street and Depot Road.

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The project site is encumbered with easements,

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including a sanitary sewer easement and PG&E easement,

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which prohibit development on approximately 0.17 acres of the site.

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The site is located within our general industrial,

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also known as IG, zoning district,

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with a corresponding land use designation of industrial corridor

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within the Hayward 2040 general plan.

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The project includes the construction of a 65,000 square foot,

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mental health rehabilitation facility on the eastern parcel.

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The building has three stories of treatment facilities, including offices, programming rooms,

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staff rooms, and 83 patient beds.

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The project includes a variety of shared open space, connected by internal pathways, including

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indoor seating areas, a large-ground-level courtyard gathering space, another large rooftop courtyard

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and an indoor activity room.

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The project design artfully takes into account the existing conditions, onsite, by locating

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the building to allow for the preservation of a large redwood tree and avoiding the easement

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areas.

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The project also includes the development of the western parcel as a parking lot, which includes

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20 parking spaces, and then there are an additional three parking spaces on the eastern parcel

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for a total of 23 parking spaces.

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The elevation showcases the building design, which incorporates a contemporary architectural

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style that includes the series of recesses and projections, ample glazing, a mix of materials

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in colored accent panels. The building also has an inviting entry with landscaping, glazing,

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a mural, seating, and shade structure, and there is additionally a 14-foot tall decorative

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fence surrounding the entire eastern property. Due to the project's site constraints, previously described,

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the project is requesting three variants of food from zoning regulations. It is requesting

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deviations from the maximum floor area ratio, the minimum street side yard set back, and

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the street side yard's fence height as shown in yellow on the screen.

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Besides the requested, besides the requested variances, the pressure is fully consistent

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with the zoning ordinance, industrial design guidelines, off street parking regulations,

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and tree preservation ordinance.

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The findings shown on the screen are required to approve the proposed variance request.

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All of these findings can be made for the project due to the unique site conditions, including

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but not limited to the size of the parcel, the shape of the parcel, and the existing easements.

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This is described further within the staff report and project findings.

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The project is fully consistent with the general planned land use designation and the identified

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land use and health policies on the screen.

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These policies promote diverse and fill redevelopment of health care facilities.

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The project qualifies for a class 32 in fill exemption from the California Environmental

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Quality Act, also known as Sequel.

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The project has demonstrated compliance with all the eligibility requirements as shown on

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the screen and as described in the project findings.

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Lastly, I want to highlight some applicable provisions of state law in accordance with

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California wealth, welfare and institution code,

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the use of the building as a mental health.

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Reables.

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Education facility is allowed by right, and the city is prohibited from denying the use, as such the use is not under review tonight.

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With that, staff is recommending that the Planning Commission approved the proposed project based on the draft findings in attachment 2.

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In the conditions of approval in attachment 3. At this time, I'm happy to answer any questions you may have.

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I'm joined on the city side by Saeed from Public Works Engineering, Kathleen from Development Services Engineering and Steven Wolf from Public Works Utilities and I will invite the applicant to provide a brief introduction of 13 for questions.

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Thank you. This time I'd like to open please

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come forward. Thank you.

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I'll

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turn it on.

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Yeah.

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How about now?

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Hello, and thank you so much to the Honourable Planning Commission of the City of Hayward.

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My name is Jamie Almanza, I'm the CEO of Bay Area Community Services and its development corporation.

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We are incorporated as 501C3 not for profit organizations.

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We have the pleasure of serving our great city of Hayward since 1981.

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We have a total of 15 programs and projects throughout the city of Hayward, as well as an

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unincorporated Hayward. As an organization, we were incorporated in 1953. So we're about to

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celebrate our 75th anniversary. I've not been here the whole time, but I have been with the

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organization for 16 and a half years. And the time is now, and I just really appreciate the city

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of Hayward. I work with a lot of municipalities and counties and the state of California our

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great state and our federal government. And as challenging as the times are right now,

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this is such a need of project for our most vulnerable constituents. It residing in the city

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of Hayward and in the county of Elameda. So we have a wonderful development team who is here

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tonight and happy to take any questions and just want to really appreciate city staff who have

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been phenomenal throughout this journey.

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So thank you.

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Does the commission have any questions of the applicant?

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Okay.

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If you wanted to just stay nearby?

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Okay.

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Or, yeah.

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Go ahead.

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Richard Myers.

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Thank you, Chair.

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I think I'd like to start with a question.

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I don't know, maybe, for the attorney.

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And it's just a kind of, just before I go any further, I had a question here.

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So I understand, I'm just trying to get a quick understanding of something of our role.

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Because it says, based on the, because I grew old, the California Welfare Institute code.

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And what it says is it says that,

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because we are using the WIC, right, WIC, the Welfare

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code, which is cool. It does so, though, I'm confused, because this is it's

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Shownopy subject to a conditional use permit, discretionary permit, or to any

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other discretionary reviews or approval to be able to use that.

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So, I'm kind of just getting clarification. Is that how we are on this?

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Or, because it seems like we're saying we qualify for the WIC, but yet, we're using

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exemptions that we're not supposed to.

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So I'm just wondering where we stand on how we can make some decisions here.

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Sure.

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Good evening.

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Vadim Siddanovich of Assistant City Attorney.

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So what the welfare and institutions code section that is mentioned here of 5960.3 that you're

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looking at discusses the way the project is that it's

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by right. And then the specific qualification that you are not to consider, the use of the

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project itself, what you're looking at is the variance and whether it fits within the

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zoning and the general plan that's before you. Does that help?

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I'm not sure. So I understand that we have a few things that we have to approve such as the

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I mean, the fence high and the setback in search, and the far.

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We cannot deny this, which I'm not saying I want to, by any means, because totally we need these.

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But it says that it is a by right building based on the WIC.

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But the WIC on this section says that we only qualify for the WIC if we're not giving these

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variances or exceptions. So it just, it tears me. I'm not sure where we're standing on that.

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I'm not sure if follow the,

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what you're asking, but I think the, maybe I can clarify this,

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the, the buy right use is what's permitted. The variance relates to where it, it's not that

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you're giving the project exemptions, through its use under the welfare and institutions code.

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The code permits the use itself, what you're discussing today is the, the setback issues and

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and particular issues related to the unique way

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that this parcel is set up in some of the zoning rules

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that you have that govern of approvals in relation

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to the zoning rules that we have.

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OK, OK.

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So, and based on the definition, it says the structure,

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it says it's shown not be subject to, in order to qualify

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for the WIC, it's shown not be subject

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to a conditional use permit, discretionary permit, or to any other discretionary view or approval.

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So you're saying that by going forward with our approval of these changes that we still

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meet the WIC parameters?

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Correct.

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Okay.

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Perfect.

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That was my starting question.

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Sorry for making that so difficult.

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Okay.

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It's a complex question.

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No, hopefully that's the extent of it.

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But I do have a lot of questions.

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I hope you don't mind.

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I like to do my due diligence if possible.

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So, and it's not only for you, it's also for staff.

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So, the far I understand the floor area ratio is typically no max of 0.8.

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I understand it looks like the average in the area is about in that zoning is 0.4.

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And because of the shape we're having to increase it to three times the average, let's say.

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But almost four times the average, but what happens if we don't approve it?

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I mean, I know that's to have this building.

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But if we don't have it approved,

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let me read it.

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Because when I write my questions, I sound a lot less fumbling.

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It says the normal maximum here is 0.8.

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And we're being asked to approve 1.53, which is a pretty significant difference.

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I understand from the findings that this is an unusually shaped property with the easement on it.

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But what is it about the property itself that requires us to go all the way, could this property still be reasonably developed at a let's say point eight for just with a small building?

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So, I think there's two things I want to clarify. I first want to start out by saying, while the average in the district is point four, it is because it is predominantly made up of warehouses buildings.

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Our code does have an exception for office buildings that allows it to go bigger because office buildings typically have a FAR of like 1.4 to 1.8

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So a building a kind of of this form typically had this is in line with that it kind of FAR if we

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Didn't approve the variance they couldn't be able to be operational they need this amount of rooms to make their operations work and

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because of the easements and the necessity for parking.

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That's on the other side.

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They are not able to increase the floor area of the building.

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Any more given the site area that they have.

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OK, yeah, that's very helpful.

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Thank you for that.

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And then page 2 of 10.

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No, teasing.

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So it also says that the building, a taller building,

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is more feasibly alternative because it

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00:19:17,820 --> 00:19:18,900
is a constraints of the property.

228
00:19:19,600 --> 00:19:21,660
But we still are allowed 53 feet.

229
00:19:22,100 --> 00:19:25,120
I mean, we're only going 53 instead of 75 feet.

230
00:19:25,780 --> 00:19:29,060
Can you tell me how we've made those decisions?

231
00:19:29,920 --> 00:19:32,780
So if they went taller, they would be adding additional floor

232
00:19:32,780 --> 00:19:35,140
area, because they would be adding more.

233
00:19:35,440 --> 00:19:38,960
So it would make the variance request larger if they went taller.

234
00:19:38,960 --> 00:19:46,860
just because they go taller, it would, if they comply with the minimum street side set back,

235
00:19:46,980 --> 00:19:50,460
they'd have to make the building taller, which would make a bigger variance for the FAR.

236
00:19:51,100 --> 00:19:54,760
There's only so many levers we can pull to make a peasing project.

237
00:19:55,180 --> 00:19:59,980
Our project feasible either, they have to, you know, remove open space or remove-

238
00:20:00,000 --> 00:20:10,740
We'd have to ask for a variance from something. They chose to do a variance from FAR, streetside setback, because they saw the value in providing open space and parking for the operations.

239
00:20:11,380 --> 00:20:13,720
Excellent, yes, and that makes total sense.

240
00:20:16,080 --> 00:20:27,220
So I also see on the floor plans, there's four different areas. One is for forensics, one forensics, two substance use disorder, and then the other one special behavior.

241
00:20:27,220 --> 00:20:30,060
But I don't see an explanation for any of those.

242
00:20:30,600 --> 00:20:35,960
Is it possible to get kind of an explanation on what the forensic levels pertain to?

243
00:20:36,240 --> 00:20:37,500
Yeah, I will.

244
00:20:38,060 --> 00:20:43,000
We're happy to provide that over email and stuff because it's related to the use of the building.

245
00:20:44,600 --> 00:20:50,260
We can't share like specific information because the use is not under review tonight because of that health and welfare code.

246
00:20:50,260 --> 00:20:51,520
Okay. Well,

247
00:20:53,850 --> 00:21:02,590
the reason I ask is because I'm trying to understand the requirements that are the need to approve the higher elevated security 14 foot fence.

248
00:21:03,110 --> 00:21:13,890
So I'm wondering if if the different areas have different securities or facility requirements, like for security, that's kind of what the reason I'm asking has a purpose.

249
00:21:13,890 --> 00:21:20,510
I will say in general, lots of industrial, lots of business within the general industrial district

250
00:21:20,510 --> 00:21:22,370
have fences that are this tall.

251
00:21:22,970 --> 00:21:27,790
The difference is that in other places within the general industrial district they can

252
00:21:27,790 --> 00:21:32,270
remove it out of the setback and so they can have that 14 foot tall fence.

253
00:21:33,030 --> 00:21:37,910
So even while the building has operational needs that may necessitate the 14 foot tall fence,

254
00:21:37,910 --> 00:21:42,670
many industrial businesses have fences that are this tall because of

255
00:21:42,670 --> 00:21:45,510
the general security concerns in the area.

256
00:21:47,330 --> 00:21:54,250
Okay. And I guess keeping on the 14 foot fence decision, it does say the

257
00:21:54,250 --> 00:21:57,890
plans describe this as a secure treatment facility. I just lived down the

258
00:21:57,890 --> 00:22:00,470
street from it. So I really want to do my due diligence because I'm the

259
00:22:00,470 --> 00:22:03,950
closest one to anybody here. Although I would ask as many questions if

260
00:22:03,950 --> 00:22:12,270
across town. People are like sure you would. Anyway, so I'm just interested in how the 14 foot

261
00:22:12,270 --> 00:22:18,710
perimeter fence relates to the fact that it's a secure treatment facility. Could you kind of explain

262
00:22:18,710 --> 00:22:19,930
what secure means?

263
00:22:23,320 --> 00:22:30,960
I can try my hardest. Secure for us means two things. It means secure for

264
00:22:30,960 --> 00:22:38,960
the community writ large and it means the security of our patient population and stakeholders

265
00:22:38,960 --> 00:22:40,260
IE staff.

266
00:22:41,320 --> 00:22:48,900
We operate a plethora of behavioral health facilities throughout the at this point Northern

267
00:22:48,900 --> 00:22:56,380
California and you wouldn't believe how important Thencing is and I think we've learned a lot

268
00:22:56,380 --> 00:23:02,640
lessons over time with various types of behavioral health, residential treatment facilities.

269
00:23:04,560 --> 00:23:12,780
There could be instances where a fence is a secure division to contain the patient population,

270
00:23:14,160 --> 00:23:18,820
which is absolutely therapeutic and recovery oriented for the people we serve,

271
00:23:18,820 --> 00:23:26,980
as well as kind of reduce or eliminate kind of temptations to the outside community.

272
00:23:27,640 --> 00:23:35,540
So the entire design of this project is really trying to bring in as much natural community

273
00:23:35,540 --> 00:23:44,800
feeling to an institutional facility, while being both a physical barrier, environmental barrier.

274
00:23:44,800 --> 00:23:54,660
And I think the height of the fence is really indicative of wanting to ensure both, again, the safety of the community.

275
00:23:55,160 --> 00:24:01,460
And just the reduction of temptation of behaviors, frankly.

276
00:24:03,400 --> 00:24:06,480
Okay, I think that was very insightful. Thank you.

277
00:24:07,560 --> 00:24:13,040
Okay, so then I'll move on to the next segment here, which is parking.

278
00:24:13,040 --> 00:24:17,380
It looks like we are asking, I see the calculations and I get why we're at 23 parking spaces.

279
00:24:18,600 --> 00:24:23,620
On the blue prints, when they were doing the calculations for the garbage disposal, they

280
00:24:23,620 --> 00:24:25,720
described the employee count quite different.

281
00:24:25,800 --> 00:24:28,140
They said that the first floor will have 20 employees.

282
00:24:28,800 --> 00:24:33,980
The second floor will have 10 employees, the third floor will have 12, which is 42 employees.

283
00:24:35,060 --> 00:24:35,700
Is that accurate?

284
00:24:36,020 --> 00:24:41,280
Or do we know what the staffing is going to be and how they base the parking?

285
00:24:41,280 --> 00:24:53,380
So the parking is based on the patient bed. It's not based on staffing. There's a ratio for these type of facilities that's one parking space to every three patient beds. So it's not based on staffing.

286
00:24:54,920 --> 00:24:59,220
So they have met that requirement through the calculations described in the staff report.

287
00:25:00,300 --> 00:25:12,760
They are welcome to share what their staffings are. I will also share that there is a bus stop right across the street from the, thanks. So, very accessible by bus.

288
00:25:13,240 --> 00:25:18,500
Okay, and so, by code, we don't have to a lot for any staffing. Is that what you're saying?

289
00:25:18,500 --> 00:25:24,160
the ratio of 1 to 3 patient beds, when the

290
00:25:24,160 --> 00:25:28,340
organ, or when those ratios are calculated,

291
00:25:28,640 --> 00:25:31,240
they take into account the staffing and the population

292
00:25:31,240 --> 00:25:32,620
that would be using the facility.

293
00:25:33,560 --> 00:25:37,340
So that 1 to 3 bed ratio was based on staffing assumptions.

294
00:25:38,100 --> 00:25:39,580
Okay. Okay. Okay.

295
00:25:39,620 --> 00:25:44,120
And then the traffic it says is expected to generate fewer

296
00:25:44,120 --> 00:25:45,920
than 110 trips per day.

297
00:25:46,120 --> 00:25:48,080
Do we know the actual number of that?

298
00:25:49,560 --> 00:25:53,420
So, that's a big, that's a big variance, a big option there.

299
00:25:54,160 --> 00:26:09,260
Yeah, that is based on like models that we use for secret purposes that transportation divisions kind of create these models to estimate how many trips we would have per day to see if it would cause an environmental impact.

300
00:26:10,280 --> 00:26:14,000
So, the actual trips per day will depend on the operation of the building.

301
00:26:14,000 --> 00:26:19,980
And that model is conservative and uses best assumptions based on the use of the building.

302
00:26:20,980 --> 00:26:25,820
Okay, and that would include such things like medical transportation or activities,

303
00:26:26,280 --> 00:26:27,620
or deliveries, patients drop off and pick up.

304
00:26:27,620 --> 00:26:30,600
Yeah, not just people who are parking their vehicle here.

305
00:26:30,880 --> 00:26:33,180
Anyone who is visiting the site in the evening.

306
00:26:34,360 --> 00:26:38,280
Okay, I just wanted it because that was the impact report and I wanted to make sure I understood what that was.

307
00:26:38,280 --> 00:26:43,580
And then it says the property was previously used as an automobile wrecking and towing facility.

308
00:26:46,900 --> 00:26:52,480
Can you kind of explain what we currently know about the environmental conditions of the property?

309
00:26:53,020 --> 00:26:55,760
Is there anything else left still to investigate?

310
00:26:57,580 --> 00:27:03,120
I see that there was also like I made notes on your responses to my questions too, so I'll ask quickly those.

311
00:27:03,700 --> 00:27:05,000
But yeah, just that one for now.

312
00:27:05,000 --> 00:27:12,100
So typically our hazardous materials department requires a phase one, which is the document we attach to your comments.

313
00:27:12,520 --> 00:27:16,520
The phase one kind of identifies the hazards that may exist on the site.

314
00:27:16,900 --> 00:27:22,980
If there are hazards, our hazardous material department will ask for a phase two to get more information.

315
00:27:23,900 --> 00:27:28,540
Our hazardous materials division in this case didn't find anything in the phase one that concerns them.

316
00:27:28,740 --> 00:27:34,240
So they are comfortable moving forward with the condition of approval that they go through clearance with the county.

317
00:27:34,240 --> 00:27:40,960
office of environmental health and they will do further investigative studies to ensure that the

318
00:27:40,960 --> 00:27:47,760
building will be safe for the use. And this is very typical of all development projects and

319
00:27:47,760 --> 00:27:51,560
hate work not just this one or ones that we're used as previously as automobiles.

320
00:27:52,020 --> 00:27:57,440
Sure, sure. Okay, good, good. And then regarding fire access, I see some of the fire

321
00:27:57,440 --> 00:28:01,920
access details are still going to be worked out, right? Such as the the curb and everything

322
00:28:02,800 --> 00:28:06,680
Is the fire department at this point comfortable with moving forward with this?

323
00:28:06,900 --> 00:28:07,420
Yes, they are.

324
00:28:07,560 --> 00:28:12,000
We wouldn't be here today if they weren't, weren't okay with it, and crafted conditions

325
00:28:12,000 --> 00:28:12,680
of approval.

326
00:28:13,960 --> 00:28:16,640
That is because there is going to be changes to the median.

327
00:28:17,160 --> 00:28:21,500
The final design of the median will be at improvement plan stages because it's like a detailed

328
00:28:21,500 --> 00:28:27,960
engineering document to do that and they needed to, the fire department needed to check

329
00:28:27,960 --> 00:28:29,860
with their vehicle manufacturer

330
00:28:29,860 --> 00:28:33,380
to see how much a lifted curve could they land

331
00:28:33,380 --> 00:28:36,540
safely on and deploy their ladder system.

332
00:28:36,840 --> 00:28:38,800
But our architect is on the project

333
00:28:38,800 --> 00:28:41,020
understands this and is willing to design it

334
00:28:41,020 --> 00:28:42,640
to meet the fire department's needs,

335
00:28:42,820 --> 00:28:45,060
hence why there's conditions of approval related to that.

336
00:28:45,500 --> 00:28:47,120
Oh, okay, very good, thank you.

337
00:28:48,900 --> 00:28:49,560
And then,

338
00:28:51,960 --> 00:28:58,290
and I know it's a lot by this project.

339
00:28:58,290 --> 00:29:07,590
If, for some reason, us as an entity is not able to make the findings or a problem,

340
00:29:11,740 --> 00:29:13,960
what happens at that point.

341
00:29:16,280 --> 00:29:21,900
The applicant is, if the Planning Commission denies the variance in the site plan review,

342
00:29:22,180 --> 00:29:29,740
that you would need to provide evidence to support why you believe a variance isn't warranted on this site,

343
00:29:29,740 --> 00:29:41,580
or the site plan review findings cannot be made, and then additionally then the applicant is given the opportunity to appeal the decision or any member of the public to the city council.

344
00:29:43,400 --> 00:29:46,370
And may I? Is that okay?

345
00:29:47,630 --> 00:29:51,430
I think it's a very important question and we've grappled with this quite a bit.

346
00:29:51,430 --> 00:29:59,970
We have a very divine kind of attachment to Deepo Road because we ran our Hayward Navigation.

347
00:30:00,000 --> 00:30:05,600
Center there that your city has funded for the last number of years, at least the against alluses

348
00:30:05,600 --> 00:30:13,940
are program manager. She spent more time at this parcel than a lot of us probably have. And again,

349
00:30:14,260 --> 00:30:21,240
in our 70-plus years operating behavioral health, residential treatment facilities for people

350
00:30:21,240 --> 00:30:31,380
with severe needs, which we're seeing such an influx of demand as everyone is across the state,

351
00:30:33,480 --> 00:30:39,200
We are so committed to this parcel because we think it's such a unique geographic location

352
00:30:39,200 --> 00:30:44,360
and we didn't know that when we moved into depot road, we thought it was a little too far

353
00:30:44,360 --> 00:30:50,640
out our unhoused individuals actually going to want to stay and there's actually a

354
00:30:50,640 --> 00:30:57,740
health to the actual location of where it is in our city and you know the 86,

355
00:30:58,100 --> 00:31:04,500
just the transportation, our staff who have worked there for years, these variances,

356
00:31:04,960 --> 00:31:12,320
I think, where we had to go through a lot of architectural design processes because it's such a

357
00:31:12,320 --> 00:31:17,640
unique footprint, and at the same time, I think it's the

358
00:31:17,640 --> 00:31:22,060
variances that we are humbly requesting for a

359
00:31:22,060 --> 00:31:24,460
approval that will make this work.

360
00:31:24,820 --> 00:31:29,220
So without them, I don't want to say we'd be back to

361
00:31:29,220 --> 00:31:32,360
the drawing board, but we'd be a little bit closer

362
00:31:32,360 --> 00:31:33,480
back to the drawing board.

363
00:31:33,620 --> 00:31:35,540
So I appreciate the question because we've had

364
00:31:35,540 --> 00:31:37,300
substantial conversations about that.

365
00:31:38,640 --> 00:31:41,000
OK, and a lot of my questions, I live in the neighborhood.

366
00:31:41,000 --> 00:31:46,960
It's been a wide topic and I'm trying to represent as many questions from the public as I can right now.

367
00:31:47,320 --> 00:31:50,160
So thank you for that.

368
00:31:50,760 --> 00:31:51,240
Also,

369
00:31:53,800 --> 00:32:05,000
is there any other facilities that you know of in the, maybe in the county or in the general bay area that are close to waypoint that you can maybe give some examples of.

370
00:32:05,000 --> 00:32:10,080
Like emergency service calls unauthorized departures or, you know, departures.

371
00:32:10,080 --> 00:32:16,500
items like that? I would refer. I would like to read or act us away from like

372
00:32:16,500 --> 00:32:23,180
questions specifically related to the use of the thing. I am sympathetic to your

373
00:32:23,180 --> 00:32:26,800
concerns. I'm sure Myers and we can answer them. I'll answer them offline. If you

374
00:32:26,800 --> 00:32:30,300
would like to send me an email, I will coordinate with Bax and get you all the

375
00:32:30,300 --> 00:32:34,380
answers about the use, but I would like to caution us from talking to you. And I

376
00:32:34,380 --> 00:32:37,820
took a lot of these questions and I've added them against that and this one

377
00:32:37,820 --> 00:32:38,980
So I apologize.

378
00:32:39,360 --> 00:32:39,940
Yeah, no worries.

379
00:32:39,960 --> 00:32:40,660
You're right.

380
00:32:41,040 --> 00:32:42,460
OK, it's so an onsite generator.

381
00:32:42,740 --> 00:32:43,020
How's that?

382
00:32:43,200 --> 00:32:43,380
That's good.

383
00:32:45,440 --> 00:32:47,360
Oh, but that's not really a variance.

384
00:32:47,660 --> 00:32:49,380
I mean, that's not an issue with a variance.

385
00:32:49,540 --> 00:32:51,260
See, there is it.

386
00:32:51,460 --> 00:32:54,540
No, but if you have questions about the variance located

387
00:32:54,540 --> 00:32:58,920
on the roof, I'm happy to try my best to answer for our agencies

388
00:32:58,920 --> 00:33:00,440
that will review it.

389
00:33:00,780 --> 00:33:03,300
But our fire department and our hazardous materials department

390
00:33:03,300 --> 00:33:05,600
and the building division have looked at it preliminarily

391
00:33:05,600 --> 00:33:08,100
and are comfortable with the location of the very,

392
00:33:08,200 --> 00:33:09,520
are you up to the end of the screen?

393
00:33:09,720 --> 00:33:11,860
I'll start to wrap this up with the last few questions.

394
00:33:12,280 --> 00:33:14,240
So based on the assessment, so thank you for sending

395
00:33:14,240 --> 00:33:15,180
that assessment today.

396
00:33:15,500 --> 00:33:16,480
I didn't have found a rate at all.

397
00:33:16,640 --> 00:33:20,660
It's a thousand pages, but I got through a lot of it.

398
00:33:20,940 --> 00:33:23,920
It shows the assessments based on 3, 7, 8.

399
00:33:25,420 --> 00:33:27,340
Am I too assumed that it covers both properties?

400
00:33:28,320 --> 00:33:29,300
Yes, that is correct.

401
00:33:29,700 --> 00:33:31,960
The other property does not have an address.

402
00:33:33,100 --> 00:33:33,760
A sign to it.

403
00:33:34,240 --> 00:33:41,300
And then it also states in there that interviewing current and previous owners of the property

404
00:33:41,300 --> 00:33:44,760
is a vital and important part of that assessment.

405
00:33:46,540 --> 00:33:50,280
But it seems like they didn't interview really anybody, and it even says that the city

406
00:33:50,280 --> 00:33:53,960
of Hayward was unavailable, even though we owned it for the last six years.

407
00:33:54,620 --> 00:33:58,260
Could you speak about why even Hayward did not give an input on that property?

408
00:33:58,260 --> 00:34:13,820
I can't speak to that specific consultants reasoning for whether or not in how they reached out to the city of Hayward, but we have, and I have reviewed a lot of phase one, so you don't typically get information from previous property owners.

409
00:34:14,400 --> 00:34:26,760
A lot of the time those phase one reports rely on mapping and old data to kind of assume what the operations were at the site and the potential exposures and then also like samples of the site itself.

410
00:34:26,760 --> 00:34:30,180
So there is not uncommon to not have a testimony

411
00:34:30,180 --> 00:34:31,280
from previous owners.

412
00:34:35,600 --> 00:34:38,260
I don't love that answer, but I think

413
00:34:38,260 --> 00:34:40,500
I can't get anything else besides that, right?

414
00:34:41,300 --> 00:34:42,240
Which I'm okay with.

415
00:34:42,520 --> 00:34:47,820
OK, so last couple of things is, thanks for clarifying

416
00:34:47,820 --> 00:34:51,400
the 83 beds question, because it's not 83 rooms, right?

417
00:34:51,480 --> 00:34:53,760
It's 83 beds with a lot of double rooms.

418
00:34:55,060 --> 00:34:57,380
And then a couple more quick notes here.

419
00:35:00,910 --> 00:35:07,590
Oh, maybe that's it. I wrote them on my other page. Thank you. That's all. Thank you, data.

420
00:35:10,850 --> 00:35:12,970
Any other commissioners? Commissioner Hammond?

421
00:35:14,230 --> 00:35:30,270
Yes. Thank you. Just for the record, I like this project, but in regards to the items received after the public agenda, given the current environment that the planning commission seems to be navigating through at this time,

422
00:35:30,270 --> 00:35:37,550
I'm a little comfortable perhaps approving a project that I've had a very little time to read over a thousand pages.

423
00:35:39,110 --> 00:35:45,930
So I'd like to know, do these a thousand plus pages have any bearing on the discussion that we're having tonight?

424
00:35:46,690 --> 00:35:51,970
No, as noted in the response to Commissioner comments, it's not typical that we provide the phase one.

425
00:35:51,990 --> 00:35:55,170
We provided it because Commissioner Myers requested it.

426
00:35:55,170 --> 00:36:10,110
It's a technical document reviewed by our hazardous materials department to form their conditions of approval, and it doesn't relate to the overall design and variance for questions I play review that you are reviewing today.

427
00:36:10,390 --> 00:36:11,830
Or the site plan review.

428
00:36:13,950 --> 00:36:15,330
So with that, questions.

429
00:36:16,710 --> 00:36:19,730
So the structure will overwhelm the rest of the structures and the vicinity.

430
00:36:19,730 --> 00:36:25,290
Are there plans to develop this area with similar massing, or is this a special circumstance

431
00:36:25,290 --> 00:36:28,330
because of the unique property line?

432
00:36:29,630 --> 00:36:37,090
Yeah, there are approved projects that are in that area that have very large buildings.

433
00:36:38,010 --> 00:36:40,350
They're a little shorter because they're warehouse buildings.

434
00:36:40,530 --> 00:36:46,510
And as I previously explained, the code allows for greater FAR for office and administrative uses.

435
00:36:46,510 --> 00:36:58,950
So if an office came in to propose next door and wanted to do a similar FAR, there are administrative options within the municipal code, that would allow for that kind of massing.

436
00:36:59,250 --> 00:37:05,030
Okay. Are you hoping to get other such facilities also in this area?

437
00:37:06,290 --> 00:37:11,870
The city of Hayward is always open to development, and we would love to see a lot of these

438
00:37:11,870 --> 00:37:15,690
like vacant or automobile use sites be developed.

439
00:37:17,210 --> 00:37:22,770
Leah, our planning manager, worked on updates to the Industrial Regulations back in 2019 to

440
00:37:22,770 --> 00:37:23,990
kind of encourage that development.

441
00:37:24,070 --> 00:37:26,810
And then since then, we have seen a lot of redevelopment of sites.

442
00:37:27,230 --> 00:37:33,190
There's one just south of this that is a beautiful warehouse building that has a classic

443
00:37:33,190 --> 00:37:37,930
car restoration, you said it. So, yeah, this is something we are seeing three development

444
00:37:37,930 --> 00:37:38,790
in this area.

445
00:37:39,310 --> 00:37:45,570
Okay, thank you. So, this location for this type of facility is in a good location,

446
00:37:48,330 --> 00:37:48,530
but

447
00:37:48,530 --> 00:37:58,030
being that it's a good location if the facility is secure. Can you speak a little bit more

448
00:37:58,030 --> 00:37:59,870
about what security measures will be in place?

449
00:38:03,510 --> 00:38:09,410
Absolutely, and I think I will, if it's okay, bring up my partners here and introduce our team,

450
00:38:09,830 --> 00:38:14,250
because I don't know, I don't think you want to get very technical, so I can talk programmatically,

451
00:38:14,850 --> 00:38:20,430
but we have Lily and Mitchell from Mitchell Holiday Architects who have been very involved

452
00:38:20,430 --> 00:38:25,830
on the security planning of an Andy Turner who's our Chief Consultant for the project.

453
00:38:26,570 --> 00:38:30,530
So I don't know if you guys want to come up and talk more about technical security or if you want

454
00:38:30,530 --> 00:38:32,510
more of a programmatic security?

455
00:38:33,070 --> 00:38:38,470
I'm just concerned that this, or I'd like to be assured that this facility will be secure.

456
00:38:39,090 --> 00:38:39,190
Yes.

457
00:38:39,550 --> 00:38:48,810
Okay. Well, I can start with a facility design as it relates to the target population and the interventions.

458
00:38:48,930 --> 00:38:55,370
Then certainly rely on my partners if you have any more physical space security questions.

459
00:38:55,370 --> 00:39:07,710
So all residents that come through way point will be evaluated prior to admission based on a very clear

460
00:39:07,710 --> 00:39:14,670
set of inclusion criteria and exclusion criteria that are dictated by the state of California

461
00:39:14,670 --> 00:39:23,470
government. All residents will have controlled access from entry point through exit point.

462
00:39:23,470 --> 00:39:30,610
So, residents, patients are not permitted to leave the site at any time.

463
00:39:31,310 --> 00:39:37,430
So, it is indeed what we would say in the industry like a locked facility.

464
00:39:39,110 --> 00:39:47,950
And all of the design elements of the mental health rehabilitation center are two standards

465
00:39:47,950 --> 00:39:49,110
that we have to follow.

466
00:39:49,110 --> 00:39:55,130
there's very specific kind of hospital-based standards for this level of treatment and care.

467
00:39:56,070 --> 00:39:59,970
And that's where we can get into a lot of technicality if you would like, but there...

468
00:40:00,000 --> 00:40:19,920
One of the important factors in why we're presenting and asking you for the variance approval is, frankly, because we want to ensure the health and safety, the security of both the community at large, like I said before, as well as the patient population and the staff population.

469
00:40:20,900 --> 00:40:27,380
So it is state of the art, it's built to the 20, 20, 20, 26 standards.

470
00:40:28,220 --> 00:40:36,740
We've actually over-designed it because of prior experience to ensure that we are putting

471
00:40:36,740 --> 00:40:44,640
in every feature possible, and it's very expensive, as we know, to do so, but to ensure

472
00:40:44,640 --> 00:40:51,120
that the patient experience, the resident experience as well as the community experience

473
00:40:51,640 --> 00:40:57,680
is up most of up most security. So that is where the fence really does come in as one example.

474
00:40:58,620 --> 00:41:02,460
Sure. Okay. That's good. Thank you.

475
00:41:03,640 --> 00:41:11,980
So, let me see, are the other businesses near the site aware of what this facility be?

476
00:41:12,600 --> 00:41:16,840
Yeah, the notice included that this is a mental health rehabilitation facility.

477
00:41:17,260 --> 00:41:20,640
So everyone in the vicinity was noticed, and it is included in the facility.

478
00:41:20,660 --> 00:41:22,320
And was there any, what was the feedback?

479
00:41:23,140 --> 00:41:34,840
We had only one comment related to it, and he did not believe the use is suitable for the industrial

480
00:41:34,840 --> 00:41:40,500
district, but we explained to him the welfare and institution cause any ultimately understood

481
00:41:40,500 --> 00:41:43,400
that what the state was trying to do with those regulations,

482
00:41:44,000 --> 00:41:46,600
but didn't appreciate it being in the industrial area

483
00:41:46,600 --> 00:41:48,940
and thought it was more suitable for a residential area.

484
00:41:49,920 --> 00:41:54,180
So are there any other facilities like this in that area?

485
00:41:55,020 --> 00:41:58,900
So there are not currently facilities located within that area.

486
00:41:59,300 --> 00:42:02,340
Although our Hayward Municipal Code would allow this facility

487
00:42:02,340 --> 00:42:04,540
with the approval of an administrative use permit.

488
00:42:04,840 --> 00:42:06,520
So it's not that we don't allow it.

489
00:42:06,800 --> 00:42:09,080
We do allow it just within administrative use permit.

490
00:42:09,080 --> 00:42:14,980
and the city of Hayward has another one of these proposed currently located in the residential area

491
00:42:14,980 --> 00:42:18,640
in Hayward so, and this is not the only facility we have.

492
00:42:19,120 --> 00:42:20,140
Okay, thank you.

493
00:42:20,820 --> 00:42:24,880
The next questions are more of a structure about the structure.

494
00:42:26,240 --> 00:42:35,240
I did not see that you have solar panels installed on this on this site will there be solar panels

495
00:42:35,240 --> 00:42:36,020
on this site?

496
00:42:36,320 --> 00:42:36,400
Yes.

497
00:42:36,640 --> 00:42:36,780
Yes.

498
00:42:36,780 --> 00:42:45,320
rooftop solar, those details will be provided. They're not within the project plan because they are construction level documents and they'll be provided at the building permits stages.

499
00:42:46,220 --> 00:42:58,900
Okay, and then I saw in the comments after publication that there will be three EV chargers. Is that located on the on the site side or on the parking side?

500
00:43:02,280 --> 00:43:07,600
Would you like to come up parallel in? Oh, do you want to come up? I think you should come up. Is okay?

501
00:43:07,600 --> 00:43:11,040
Yeah, I don't want to be up here on this damn by myself.

502
00:43:11,600 --> 00:43:12,240
Good afternoon.

503
00:43:17,440 --> 00:43:19,840
Lily and Machili architect, assisting backs.

504
00:43:20,640 --> 00:43:27,100
We have three EV parking charge, charged parking on the white sold parking side.

505
00:43:27,560 --> 00:43:30,600
And then three EV ready will be there as well.

506
00:43:31,440 --> 00:43:33,380
This is across the street in the parking.

507
00:43:34,800 --> 00:43:36,800
So, um, is it?

508
00:43:37,260 --> 00:43:37,800
Yes, I'm sorry.

509
00:43:37,800 --> 00:43:45,020
The reasons that we don't have it on the larger property is that there is sewer easements,

510
00:43:46,240 --> 00:43:51,980
and they do not want us to put anything permanent across that easement, and that's what

511
00:43:51,980 --> 00:43:57,760
would need to happen to have a charger at one of those parking space.

512
00:43:58,000 --> 00:44:03,100
In the likelihood that you had midnight, might need to do some work on the easement, would

513
00:44:03,100 --> 00:44:07,760
be still possible to install them and easily have them removed?

514
00:44:08,480 --> 00:44:15,420
Now that I will defer to Stephen Wolf Public Works utilities to talk about what is allowed

515
00:44:15,420 --> 00:44:20,400
and inside the outside of the basement, they did kind of propose other things and the public

516
00:44:20,400 --> 00:44:24,700
works utilities division does not want anything permanent within the easements.

517
00:44:25,020 --> 00:44:27,420
Stephen, do you mind answering that question?

518
00:44:28,890 --> 00:44:38,630
Yeah, we want to make sure that our crews have access to provide any repairs as needed

519
00:44:38,630 --> 00:44:40,110
on the sewer line itself.

520
00:44:40,690 --> 00:44:44,770
So if we need to excavate to make repairs in the sewer line.

521
00:44:45,030 --> 00:44:52,190
So anything permanent, we wanted anything that could be removed easily.

522
00:44:53,710 --> 00:44:59,410
Okay, is it possible on the parking side of what white cell?

523
00:45:00,000 --> 00:45:08,540
To put in more EV charges or even to put solar panel shade over the parking to add extra solar.

524
00:45:09,660 --> 00:45:18,220
We haven't looked into that. It's supposed it's possible, but we have some pretty serious budget constraints.

525
00:45:18,220 --> 00:45:29,920
So Jamie, I don't think that anything we're doing would preclude that happening in the future as well.

526
00:45:33,040 --> 00:45:37,640
So we can look into putting in whatever infrastructure would support that in the future.

527
00:45:37,640 --> 00:45:39,960
Sure, there would be, there'd be helpful.

528
00:45:40,400 --> 00:45:41,020
Be wonderful.

529
00:45:42,500 --> 00:45:52,160
I see that the Mountable Curb is mentioned, it's already existing.

530
00:45:54,380 --> 00:46:01,500
I don't think this curve currently meets the definition of mountable that the fire department

531
00:46:01,500 --> 00:46:07,620
is looking for, and as Taylor mentioned, that exact criteria is going to be

532
00:46:07,620 --> 00:46:11,500
to be coming forward through public works and fire department.

533
00:46:12,800 --> 00:46:15,340
Correct, right now it's just a curve.

534
00:46:15,480 --> 00:46:20,500
It's not a mountable curve, so there's no kind of angle up

535
00:46:20,500 --> 00:46:22,340
for a vehicle to drive onto the curve.

536
00:46:22,460 --> 00:46:23,440
It's just straight down.

537
00:46:23,500 --> 00:46:25,540
So the fire truck couldn't mount it currently,

538
00:46:26,060 --> 00:46:28,180
but it will be redesigned to that kind of curve.

539
00:46:30,180 --> 00:46:32,840
And then I notice that it's kind of a long walk

540
00:46:32,840 --> 00:46:36,300
from the bottom of the parking lot up to the closest crosswalk.

541
00:46:36,300 --> 00:46:41,780
is it possible to put a crosswalk maybe through the, through the median?

542
00:46:42,380 --> 00:46:43,000
What?

543
00:46:44,120 --> 00:46:53,240
Yeah, because of the current like median and the traffic circulation,

544
00:46:53,960 --> 00:46:59,940
the transportation department would not support any additional pedestrian walkways in that area.

545
00:47:00,420 --> 00:47:04,520
Also, as noted throughout the presentation, white cell was just recently designed and

546
00:47:04,520 --> 00:47:10,120
and that met their bike and ped-mester plane goals and things like that, so an additional

547
00:47:10,920 --> 00:47:14,500
pedestrian crossing would not be supported by the transportation division.

548
00:47:14,860 --> 00:47:16,420
Okay, so let's just have to get their steps in.

549
00:47:19,560 --> 00:47:22,860
And then where's the nearest overflow parking going to be located?

550
00:47:24,380 --> 00:47:28,200
If you didn't seem like there might be, you know, parking spaces for everybody that's working there,

551
00:47:28,340 --> 00:47:34,220
and I would hope that they would use the bus stop, but it is your plan for off street parking.

552
00:47:34,520 --> 00:47:44,780
There is on street parking surrounding the site and it's because of the area, it's development, it's really unused.

553
00:47:45,500 --> 00:47:47,140
There's not a high level of vacancies.

554
00:47:47,960 --> 00:47:48,120
Okay.

555
00:47:49,820 --> 00:47:58,480
And then I see on the plans that you're going to be taking out a tree and replacing with another tree.

556
00:47:59,480 --> 00:48:06,980
Yes. Yes. We are taking out one tree. Frankly, I don't believe it's that healthy, but

557
00:48:06,980 --> 00:48:14,000
we are preserving the nice red wood that's at the front. We consider it sort of iconic.

558
00:48:14,560 --> 00:48:22,260
I would say, and they'll be measures taken to protect the tree during construction, and of course,

559
00:48:22,260 --> 00:48:25,160
you know, take care of it for its lifespan.

560
00:48:25,160 --> 00:48:28,020
But you would have to remove one and you're replacing it with another.

561
00:48:28,640 --> 00:48:35,080
I just want to maybe if you might consider adding it maybe a couple more trees to the

562
00:48:35,080 --> 00:48:38,580
here we have a, we are replacing the tree.

563
00:48:38,640 --> 00:48:47,960
I think one of the issues is broadly speaking concern for the resident safety and

564
00:48:49,780 --> 00:48:58,760
So the plan selection is quite specific, although we've got some lovely landscape plans.

565
00:48:59,040 --> 00:49:02,600
Yeah, I saw that I like landscaping plans. I just hate losing the trees.

566
00:49:03,200 --> 00:49:05,920
Yeah, you might be able to add some more summerals.

567
00:49:06,280 --> 00:49:11,660
I can speak a little bit to the trees. The tree is located. The existing tree is located on the parking lot sites.

568
00:49:11,660 --> 00:49:16,220
they unlike the redwood tree, there was no way to move around it without reducing the number

569
00:49:16,220 --> 00:49:20,420
of parking and it was important for them to meet the parking requirement. Additionally,

570
00:49:20,620 --> 00:49:27,020
the tree they are replacing it with is a larger tree. So I think it is, I'd have to go check this out

571
00:49:27,020 --> 00:49:32,660
for, I think it's a 36 inch box tree and the tree currently that's there is much smaller.

572
00:49:33,620 --> 00:49:37,200
Okay, well that's all the questions I have. Thank you.

573
00:49:39,700 --> 00:49:40,460
Thank you. Commissioner, hello.

574
00:49:41,680 --> 00:49:42,880
Thank you.

575
00:49:43,120 --> 00:49:46,340
And thank you for a presentation, Mr. Shard.

576
00:49:47,280 --> 00:49:52,160
You mentioned a little bit about the, uh, you over-designed the fence.

577
00:49:52,700 --> 00:49:56,040
Can you just give us some of the features of the fence, please?

578
00:49:58,740 --> 00:49:59,200
Absolutely.

579
00:50:04,540 --> 00:50:14,900
Can you repeat your question? Maybe a little more specific, well, she had mentioned that the fence was over-designed.

580
00:50:14,900 --> 00:50:25,420
And so I was asking, I don't really have a concept for what that means, so I was just asking for a few examples of what that would happen to me.

581
00:50:25,460 --> 00:50:26,060
The features.

582
00:50:26,660 --> 00:50:31,900
Yeah, I think we're unlike a lot of fences you see in generally.

583
00:50:33,240 --> 00:50:41,280
This fence we are incorporating the design on the street side in with the whole building.

584
00:50:41,280 --> 00:50:47,380
And so it'll be a colorful fence utilizing the same materials as we're using on the face

585
00:50:47,380 --> 00:50:49,160
of the buildings in color palette.

586
00:50:50,680 --> 00:50:58,520
And then further, we will be on the inside for the residents, there will be finishes on

587
00:50:58,520 --> 00:51:04,400
that side that are also conducive to this sort of therapeutic environment and their safety.

588
00:51:04,400 --> 00:51:14,040
So, it's like a lot of fences, there'll be one side, this one will have design emphasis on both sides.

589
00:51:15,520 --> 00:51:27,300
And one of the things that you'd mention was the, or at least it sounded like the in the over designing of the fence, the over designing was for a safety.

590
00:51:28,160 --> 00:51:31,720
What features are specifically geared towards safety?

591
00:51:34,370 --> 00:51:43,410
let's see. Well there's the height of the fence. Yeah, it's the height and that it'll

592
00:51:43,410 --> 00:51:50,290
also be what they call an anti-cline fence. So that no one can climb up, fall off, get

593
00:51:50,290 --> 00:51:59,110
hurt, try to climb over. So it's a very specific kind of fence and driven by that

594
00:51:59,110 --> 00:52:11,010
safety concern. Thank you very much. I appreciate your answer. So for staff, I wanted to go back a little bit to the

595
00:52:11,010 --> 00:52:17,310
variances. So as far as the variances are concerned, one of the things it says,

596
00:52:19,780 --> 00:52:21,200
says, we may approve or

597
00:52:21,200 --> 00:52:27,320
conditionally approve a variance request with the following findings, and you know what those are, but what I was

598
00:52:27,320 --> 00:52:30,640
Specifically, getting at is it talks about the variance

599
00:52:31,860 --> 00:52:34,720
doesn't constitute a grant to special privilege

600
00:52:34,720 --> 00:52:37,020
in consistent with limitations of other properties

601
00:52:37,020 --> 00:52:42,740
in the vicinity and doesn't deprive this property

602
00:52:42,740 --> 00:52:45,560
of privileges that other property has.

603
00:52:46,120 --> 00:52:50,740
So can you speak a little bit to whether or not

604
00:52:50,740 --> 00:52:55,880
the variance is for this property would result in special privileges

605
00:52:56,560 --> 00:52:57,840
for this property.

606
00:52:58,320 --> 00:53:04,380
Yeah, I will start by saying that this property does not resemble any other properties in the district.

607
00:53:04,680 --> 00:53:11,920
There is nothing in the ID district that is this small also of this much of front edge and is that weirdly shaped.

608
00:53:12,100 --> 00:53:16,500
And it's partially because this one was formed through the eminent domain process.

609
00:53:17,700 --> 00:53:22,560
Because of its shape and size, it doesn't have the same privileges as other properties.

610
00:53:22,560 --> 00:53:25,440
as I noted previously, everyone is allowed

611
00:53:25,440 --> 00:53:27,680
to 14 foot tall fence in the industrial district.

612
00:53:27,740 --> 00:53:29,900
However, the other properties have the ability

613
00:53:29,900 --> 00:53:32,900
to set it back because there is just more area.

614
00:53:34,600 --> 00:53:37,080
Most of the projects also have larger site areas

615
00:53:37,080 --> 00:53:40,100
and not a large PG&E easement that run through it,

616
00:53:40,280 --> 00:53:41,380
which means that they can comply

617
00:53:42,160 --> 00:53:45,800
with the minimum street side set back

618
00:53:45,800 --> 00:53:48,600
because they have enough area to relocate the building.

619
00:53:49,460 --> 00:53:56,820
And then, lastly, for the FAR, they have additional area to balance the floor area ratio.

620
00:53:57,340 --> 00:54:02,080
This property, because of its size, just doesn't have the ability to achieve any of those.

621
00:54:02,220 --> 00:54:07,660
Well, all the other properties in the district are able to meet those standards.

622
00:54:08,080 --> 00:54:12,600
And regularly, my time here, we haven't brought any variants for requests,

623
00:54:12,720 --> 00:54:17,160
because there are just frankly not parcels that qualify for these kind of exceptions,

624
00:54:17,160 --> 00:54:23,600
because they meet the lot size and lot frontage and lot requirements.

625
00:54:24,460 --> 00:54:27,500
Unfortunately, because of the way this parcel was formed, it is just unique and that

626
00:54:27,500 --> 00:54:32,340
is why variants finding exist in zoning ordinances for these special scenarios where

627
00:54:32,340 --> 00:54:33,940
the parcel just doesn't work.

628
00:54:35,580 --> 00:54:39,600
Thank you very much for that explanation and that's all the questions I have.

629
00:54:43,040 --> 00:54:43,620
Commissioner Hardy.

630
00:54:44,840 --> 00:54:45,760
Thank you, Chair Goodbody.

631
00:54:46,400 --> 00:54:47,580
Thank you staff for the presentation.

632
00:54:48,520 --> 00:54:52,760
My first question, I'm not sure if it's for staff or for the applicant.

633
00:54:53,280 --> 00:54:57,580
What is the ideal height for a security fence for a project like this?

634
00:54:57,860 --> 00:54:59,960
Is did we go with 14 feet because that is...

635
00:55:00,000 --> 00:55:07,060
This is what some of the other businesses have, or is that actually like a standard that you have in other places?

636
00:55:09,060 --> 00:55:24,940
I would say from my typical review of applications, I have seen fences this tall. Specifically, we do see them for cannabis and other like sensitive users where they really want to make sure that individuals are not entering the site.

637
00:55:24,940 --> 00:55:31,440
So, there is no standard of what how tall a security fence is, it kind of depends on the design and

638
00:55:32,180 --> 00:55:35,360
the property itself, but this is not atonical.

639
00:55:38,080 --> 00:55:40,420
I think it's a wonderful question.

640
00:55:41,160 --> 00:55:46,240
I don't think I've ever been asked that question before, but in our and treatment focused

641
00:55:46,240 --> 00:55:52,180
residential care for people with very acute behavioral health needs,

642
00:55:54,100 --> 00:56:04,620
The height of the fence is hyper-critical to, again, I hate to repeat myself, but keeping

643
00:56:05,500 --> 00:56:13,560
the resident milieu, if you will, safe, really, stay-been-off temptation.

644
00:56:14,200 --> 00:56:19,720
So I think the question around the design of the fence, too, is we want to make sure people

645
00:56:19,720 --> 00:56:24,820
passing stuff through the fence, and like Lillian said, having

646
00:56:24,820 --> 00:56:31,180
temptation or being actually physically able to jump over the fence, we have the

647
00:56:31,180 --> 00:56:35,660
staffing and the interventions and the tools in our toolkit to do so, but you know,

648
00:56:35,740 --> 00:56:42,980
the 14 feet I think is exactly to my colleague's point on staff, and I think for us,

649
00:56:42,980 --> 00:56:48,660
we've just had a lot of learning lessons over the last 50 years, I'd say, including

650
00:56:48,660 --> 00:56:54,360
in the unincorporated area of hayward where it's really just it's so integral to the

651
00:56:54,360 --> 00:56:58,020
the the containment I guess would be the right word for it. So I appreciate your question.

652
00:56:58,780 --> 00:57:02,960
It doesn't answer it directly because if I if you if you want to approve to couple more feet

653
00:57:02,960 --> 00:57:10,440
I'm kidding. Well the not that I'm saying that's what that's it but I was just wondering if that's just

654
00:57:10,440 --> 00:57:15,240
the standard that you always ask for in places or yes.

655
00:57:17,680 --> 00:57:19,440
My other question really has to do with

656
00:57:19,440 --> 00:57:27,460
community engagement. Since there was just the one community member who spoke up about this,

657
00:57:28,360 --> 00:57:35,240
just wondering if this were to be passed, if any plan there is for outreach, I know that it was

658
00:57:35,240 --> 00:57:40,640
addressed around the proposed use and that's not something we're going to get into following this

659
00:57:40,640 --> 00:57:48,000
either or most likely, but even just the compatibility of the building with this surrounding area

660
00:57:48,000 --> 00:57:51,220
and just the neighborhood, like would there be any follow-up

661
00:57:51,220 --> 00:57:53,500
with the neighbors, with that, even some of the things

662
00:57:53,500 --> 00:57:55,960
we learned tonight about the reasons for the fence,

663
00:57:56,640 --> 00:57:59,380
or, you know, just security and the way it will look,

664
00:57:59,500 --> 00:58:01,540
and just things that they may actually appreciate

665
00:58:01,540 --> 00:58:05,620
morning just put on all watch planning commission meetings.

666
00:58:06,320 --> 00:58:09,640
So is there any plan or possibility for anything like that?

667
00:58:10,120 --> 00:58:11,580
I will let back to this over.

668
00:58:11,680 --> 00:58:15,960
I will start by saying, well, the city doesn't do notification

669
00:58:15,960 --> 00:58:20,220
and after approvals, when projects start to get online,

670
00:58:20,460 --> 00:58:22,800
the planning division gets calls and we're happy to answer any

671
00:58:22,800 --> 00:58:27,120
of the questions about it, I will say I handled the other

672
00:58:27,120 --> 00:58:31,820
project that is similar to this facility and the community members

673
00:58:32,360 --> 00:58:35,600
will find it in common comments. So the fact that we did not receive

674
00:58:35,600 --> 00:58:38,640
comments is indicative that the community is comfortable with the

675
00:58:38,640 --> 00:58:42,700
location of where this facility is. And I will let

676
00:58:42,700 --> 00:58:46,200
tax talk about whether or not what their kind of notification

677
00:58:46,200 --> 00:58:50,380
processes moving forward as they begin construction if approved.

678
00:58:51,060 --> 00:58:55,220
Thank you and if I may and also invite up Andy Turner, Chief

679
00:58:55,220 --> 00:58:59,200
Project Manager for the site, I will say an advance of Andy

680
00:58:59,700 --> 00:59:00,220
sharing.

681
00:59:01,080 --> 00:59:06,640
Bax has a good neighbor policy and we really embody that.

682
00:59:06,640 --> 00:59:08,220
That's why Alicia Gonzalez here.

683
00:59:08,300 --> 00:59:12,500
She knows the businesses pretty intimately from when

684
00:59:12,500 --> 00:59:15,120
We operated the Hayward Navigation Center there.

685
00:59:15,260 --> 00:59:18,380
It's a very different facility.

686
00:59:19,400 --> 00:59:23,800
And in fact, just thinking about general neighborhood concerns,

687
00:59:24,160 --> 00:59:26,440
this facility, like I said before,

688
00:59:26,700 --> 00:59:29,440
has controlled access for residents,

689
00:59:30,740 --> 00:59:33,560
whereas the Hayward Navigation Center is voluntary.

690
00:59:34,160 --> 00:59:37,900
People can and should come as they go or come and go as they please.

691
00:59:38,200 --> 00:59:41,960
And so just to say before I pass it over to Andy,

692
00:59:41,960 --> 00:59:45,860
We absolutely do community engagement.

693
00:59:47,480 --> 00:59:51,280
Neighborhood events, we invite communities,

694
00:59:51,880 --> 00:59:54,320
neighborhoods, both businesses and residential

695
00:59:54,320 --> 00:59:56,840
to comment people are curious.

696
00:59:57,840 --> 00:59:59,980
So we tend to, before like, a grand opening.

697
01:00:00,000 --> 01:00:05,520
Good evening, one, I just like do people want a tour to see what's going on in their backyard, those kinds of things.

698
01:00:05,900 --> 01:00:10,740
And then also being ultra responsive to community challenges.

699
01:00:11,160 --> 01:00:17,760
Neighbors have my phone number, my cell phone, and our leadership teams, and it's on our website.

700
01:00:18,100 --> 01:00:22,560
And so we can't be successful if it's not for us being good neighbors.

701
01:00:23,000 --> 01:00:24,720
And I'll pass it over to Andy, if that's okay.

702
01:00:26,920 --> 01:00:31,180
Thanks, Jamie, thank you to the commission for the question, appreciate it.

703
01:00:31,560 --> 01:00:36,640
I would just like to point out that unlike a lot of projects, you know, this is a pretty

704
01:00:37,740 --> 01:00:43,500
specific facility, so a lot of our public outreach is not going to look quite the same as

705
01:00:43,500 --> 01:00:46,300
it would for a typical commercial or residential use.

706
01:00:46,840 --> 01:00:49,320
We're not necessarily inviting people in to think about the colors.

707
01:00:49,320 --> 01:00:53,200
because we're really spending that type of effort and time

708
01:00:53,200 --> 01:00:55,420
consulting with our colleagues at Alameda County

709
01:00:55,420 --> 01:00:57,980
in the health department at the state

710
01:00:57,980 --> 01:01:00,320
and other subject area experts

711
01:01:00,320 --> 01:01:02,760
really across the industry to make sure

712
01:01:02,760 --> 01:01:04,500
that this facility works correctly

713
01:01:04,500 --> 01:01:07,600
for who it's designed to serve and what it needs to do.

714
01:01:08,020 --> 01:01:10,180
So I think that the level of intensity

715
01:01:10,740 --> 01:01:12,560
is probably even higher,

716
01:01:12,780 --> 01:01:14,520
but it's a little less outward looking

717
01:01:14,520 --> 01:01:18,100
and a little more focused on how this facility's gonna work

718
01:01:18,100 --> 01:01:22,740
you know for the environment that it's creating and I think that sort of follows up what James

719
01:01:22,740 --> 01:01:28,440
been talking about security as well. That said, from a construction perspective, I can say,

720
01:01:28,860 --> 01:01:35,340
we have a great team when we get there, they will be out there talking about dust, noise,

721
01:01:35,740 --> 01:01:40,200
parking, deliveries and all the rest of it, but that's, you know, that's a moment in time that's

722
01:01:40,200 --> 01:01:47,460
not necessarily the purview of this conversation, just let you know. Thanks very much. Thank you.

723
01:01:49,380 --> 01:01:51,320
Commissioner Stevens, do you have any questions?

724
01:01:52,900 --> 01:01:53,140
All right.

725
01:01:53,400 --> 01:01:55,840
I'm going to go ahead and ask my questions.

726
01:01:57,340 --> 01:01:58,340
This is for staff.

727
01:01:59,660 --> 01:02:07,600
So going back to Commissioner Myers discussion about the state law.

728
01:02:08,780 --> 01:02:16,920
So the project summary states that the state law prohibits the city from issuing conditions of approval.

729
01:02:16,920 --> 01:02:30,260
but yet on the, one of the beginning paragraphs in the staff report says that we are,

730
01:02:30,800 --> 01:02:36,700
the recommendation is for the Planning Commission to prove the proposed variance and

731
01:02:36,700 --> 01:02:41,940
site-review plan subject to the touch findings, attachment to and the conditions of approval.

732
01:02:42,800 --> 01:02:43,400
Was that in the type?

733
01:02:43,400 --> 01:02:50,680
No, no. We do have conditions of approval. They're just not related to the use. They're related to the building and the development itself.

734
01:02:51,320 --> 01:02:52,560
Thank you.

735
01:02:57,010 --> 01:03:00,650
And then on page three of the staff report, can you clarify what?

736
01:03:01,090 --> 01:03:02,850
What is a class three bicycle facility?

737
01:03:05,560 --> 01:03:10,060
It is a typical bicycle facility that you see on the road.

738
01:03:10,060 --> 01:03:15,420
So it has no protections or separations from the vehicle roadways.

739
01:03:15,420 --> 01:03:26,020
Okay. And then in terms of the on page seven under the site plan review, can you clarify

740
01:03:26,020 --> 01:03:32,180
how this project has compatible on site uses?

741
01:03:37,040 --> 01:03:47,360
So this is specified in the project findings. As noted, the building is, without discussing

742
01:03:47,360 --> 01:03:53,260
in this specific use, operate similarly to a hospital or an office building, which is a

743
01:03:53,260 --> 01:03:57,860
used scene throughout the industrial area. So it is compatible with other uses and office

744
01:03:57,860 --> 01:04:01,080
buildings that are seen throughout the site, operationally.

745
01:04:01,740 --> 01:04:11,440
Okay. And this is just a question of a general question about sort of maybe the industry,

746
01:04:11,440 --> 01:04:19,900
and I, you know, I don't want to be careful not to talk to what the use is, but when I first

747
01:04:19,900 --> 01:04:23,080
heard of this application, I expected something totally different.

748
01:04:23,260 --> 01:04:31,740
I expected to see something maybe that was closer integrated or co-located with an existing

749
01:04:31,740 --> 01:04:41,160
clinic, Saint Rose Hospital, or Eden Hospital, whatever, and I'm wondering if that, if this

750
01:04:41,160 --> 01:04:46,520
have we moved away from that or we way past that is that something that your organization

751
01:04:46,520 --> 01:04:52,440
or others in the industry are doing or would consider it seems to me that it would be more

752
01:04:52,440 --> 01:04:58,180
of a holistic integrated care for the residents that need the services.

753
01:04:58,440 --> 01:04:59,680
Can you comment on that?

754
01:05:01,260 --> 01:05:22,820
Absolutely, it's such a wonderful question. In 99% of every other intervention in the behavioral health field, we absolutely prioritize looking for geographic spaces that are co-located for the resident or the patient population.

755
01:05:22,820 --> 01:05:30,640
This type of facility and intervention is self-contained, if you will.

756
01:05:31,440 --> 01:05:39,920
So, the treatment by the practitioners, whether it's medical doctors, which are psychiatrists,

757
01:05:40,400 --> 01:05:48,180
nursing staff, behavioral health clinicians, et cetera, the services need to be deployed

758
01:05:48,180 --> 01:05:56,540
at the site because the the type of facility and it being a mental health rehabilitation center.

759
01:05:56,860 --> 01:06:03,980
It is controlled. So it's the only intervention that I would ever say that about,

760
01:06:04,140 --> 01:06:10,960
but we do bring in partners. So local FQHCs, et cetera, to provide on-site services.

761
01:06:14,690 --> 01:06:15,850
Thank you.

762
01:06:16,790 --> 01:06:19,130
Commissioner Mayors, you have an additional question.

763
01:06:19,410 --> 01:06:19,990
Go ahead.

764
01:06:20,530 --> 01:06:20,910
Thanks.

765
01:06:21,470 --> 01:06:22,810
A couple things I found.

766
01:06:24,550 --> 01:06:27,390
I'm looking at the environmental site assessment.

767
01:06:28,210 --> 01:06:29,570
And it shows it's three years old.

768
01:06:29,730 --> 01:06:31,650
Do we have anything that's more recent?

769
01:06:33,970 --> 01:06:40,170
No, but the assumptions made in the report are still standing because the site isn't.

770
01:06:40,170 --> 01:06:44,410
like it hasn't been introduced new environmental hazards.

771
01:06:45,430 --> 01:06:53,860
Okay, and I also see on here based on all the old owners and the previous former owners,

772
01:06:54,720 --> 01:06:56,760
which spans a lot of different companies.

773
01:06:57,220 --> 01:06:59,680
But the last line of the paragraph in the assessment here says,

774
01:06:59,880 --> 01:07:03,700
however it should be noted that if the land use changes in the future,

775
01:07:04,460 --> 01:07:06,220
additional investigations may be wanted.

776
01:07:06,720 --> 01:07:10,360
Now, doesn't this constitute a different land use change?

777
01:07:10,360 --> 01:07:14,080
Yeah, which is why there's a condition of approval requiring that the

778
01:07:14,080 --> 01:07:16,940
Alameda County Department of Environmental Health provides site clearance.

779
01:07:18,580 --> 01:07:22,920
So when they reference it, additional investigations may be warranted.

780
01:07:23,000 --> 01:07:24,120
It's not actually of the site.

781
01:07:24,280 --> 01:07:26,540
It's just that we have to give a different level of approval.

782
01:07:26,960 --> 01:07:27,540
Is that what I'm saying?

783
01:07:27,580 --> 01:07:30,420
So the Alameda County Department of Environmental Health, which provides

784
01:07:30,420 --> 01:07:35,060
the clearances, does a typically ask for some soil samples or other like

785
01:07:35,060 --> 01:07:36,640
things to screen the site.

786
01:07:36,760 --> 01:07:39,560
So there will be additional information requested of the county

787
01:07:39,560 --> 01:07:45,400
department. But based on the information we have right now, we don't see any hazards that would

788
01:07:45,400 --> 01:07:52,560
prohibit this development from moving forward. Excellent. Okay. And then lastly, let's see,

789
01:07:52,660 --> 01:07:57,760
how do I word this? So first off, I'm, this is a comment, but there's a question after.

790
01:07:59,480 --> 01:08:05,600
I'm, I, I, I, I, I door backs. I think what backs does is amazing. I have a son who is unhoused

791
01:08:05,600 --> 01:08:07,740
and probably undiagnosed mental.

792
01:08:08,340 --> 01:08:11,220
I've been to one or two of the St. Regist meetings

793
01:08:11,220 --> 01:08:13,540
regarding before when this was amalgamated.

794
01:08:15,320 --> 01:08:16,640
And right now, you kind of have the floor,

795
01:08:17,620 --> 01:08:19,820
because you heard the people at St. Regist,

796
01:08:20,700 --> 01:08:21,720
and a lot of their questions,

797
01:08:22,100 --> 01:08:23,580
we're in another neighborhood right now.

798
01:08:24,620 --> 01:08:26,900
You don't have to, because this is not what it is.

799
01:08:26,940 --> 01:08:27,800
It's not our purview.

800
01:08:28,380 --> 01:08:30,340
But is there anything you're willing to say

801
01:08:31,920 --> 01:08:35,000
about the project that could help alleviate the hundreds

802
01:08:35,000 --> 01:08:40,540
of residents who have concerns about why it's not at Regis or what kind of safety measures

803
01:08:40,540 --> 01:08:40,920
we have.

804
01:08:41,380 --> 01:08:42,240
Again, you don't have to.

805
01:08:42,380 --> 01:08:45,400
I'm just asking you if you have the floor, would you like to?

806
01:08:48,900 --> 01:08:51,840
Yes, and I'm trying to stay within your rules.

807
01:08:52,080 --> 01:08:57,600
To make it, I'm usually, would be very quick to want to have the floor in comment on this.

808
01:08:57,720 --> 01:09:06,900
I think this project is so uniquely different than the interventions in most other projects,

809
01:09:06,900 --> 01:09:16,060
including Regis Village, the main one being what I just commented to around this is a certified

810
01:09:17,380 --> 01:09:25,860
locked mental health treatment facility for those individuals who have such acute needs

811
01:09:25,860 --> 01:09:31,500
that they need not only institutional care but they need involuntary care that is in a

812
01:09:31,500 --> 01:09:36,880
setting that is completely protected which is the opposite of Regis Village and I think

813
01:09:36,880 --> 01:09:45,580
There's an opportunity to continue to engage the community around like the education of various interventions because it's not obvious.

814
01:09:45,940 --> 01:09:53,060
So I've got in questions about other sites, including Regis Village, around like, can people come and go absolutely?

815
01:09:53,300 --> 01:09:59,200
They can. It's voluntary versus this is very, it's just on the opposite side of the spectrum.

816
01:10:00,000 --> 01:10:26,580
Which I think makes this specific location, the specific design, and the, you know, again, the humble request for these variances. So integral, because, as, as you know, we know the feedback we get from the community every day, what we experience is the demand for individuals that are suffering so so much right now that we drive by, we see on the streets every day.

817
01:10:26,580 --> 01:10:38,680
This intervention is for that individual to again be protective for themselves from a human rights and health and safety perspective and then again the community at large.

818
01:10:39,440 --> 01:10:40,520
Thank you.

819
01:10:40,520 --> 01:10:41,100
Thank you.

820
01:10:42,310 --> 01:10:43,000
That's all, Chair.

821
01:10:45,320 --> 01:10:47,820
Are there any more questions from the commissioners?

822
01:10:48,460 --> 01:10:52,340
Okay, this time I'd like to open it to public hearing.

823
01:10:53,280 --> 01:11:00,980
Members who wish to address the commission, if you would, please provide your card to

824
01:11:00,980 --> 01:11:01,500
Miss Allen.

825
01:11:03,300 --> 01:11:05,840
Miss Allen, do we have any speakers?

826
01:11:07,400 --> 01:11:07,900
We do not.

827
01:11:10,020 --> 01:11:17,500
I will close public comment then and at this time we can move to discussion among the commission.

828
01:11:17,500 --> 01:11:22,820
And so at this time we can ask questions of the applicant or just deliberate.

829
01:11:24,880 --> 01:11:25,780
Commissioner Stephens.

830
01:11:26,780 --> 01:11:27,820
Thank you.

831
01:11:28,140 --> 01:11:34,140
So first off, I'm sort of depressed because this land use would have fit a nice data center.

832
01:11:34,540 --> 01:11:37,840
Nice 25 or 30 megawatt data center that would have been great.

833
01:11:38,100 --> 01:11:40,840
But in all seriousness, I'm really excited.

834
01:11:40,940 --> 01:11:43,460
I think it's a really creative use of the sites.

835
01:11:43,460 --> 01:11:50,240
I compliment the architect that the articulated facade on the 600 foot radius is just absolutely

836
01:11:50,240 --> 01:11:50,720
amazing.

837
01:11:51,880 --> 01:11:58,660
So, excellent work, really supportive of this, and I'd be happy to make a motion to approve

838
01:11:58,660 --> 01:12:02,220
that the planning commission approve the proposed variance and site plan review subject

839
01:12:02,220 --> 01:12:06,780
to the findings and conditions of approval that were attached here tonight.

840
01:12:09,300 --> 01:12:16,300
Second, I'll second, moved by Commissioner Stevens and seconded by Commissioner Hardy.

841
01:12:18,140 --> 01:12:18,820
Is there any discussion?

842
01:12:22,520 --> 01:12:23,620
Commissioner Hammond?

843
01:12:24,620 --> 01:12:26,280
Yeah, it's also one to say for the record.

844
01:12:27,280 --> 01:12:30,720
I like this is a really good use of the impulse space.

845
01:12:31,460 --> 01:12:36,220
And I think I want to say that I appreciate all the work that the architects had to do

846
01:12:36,220 --> 01:12:39,160
to make this facility fit on the site.

847
01:12:39,160 --> 01:12:46,760
So with that I also like to say that I appreciate the proximity to the bus service and I hope that

848
01:12:46,760 --> 01:12:53,640
frequent service will help encourage people to use transit instead of driving and I'm also

849
01:12:53,640 --> 01:13:02,540
aligned with staff's recommendation for approval this is project and we're for the vote.

850
01:13:03,120 --> 01:13:07,940
Great, if Ellen, if you want to call the roll, roll call vote,

851
01:13:10,820 --> 01:13:11,940
are we going to do it verbally?

852
01:13:15,260 --> 01:13:18,880
I had it on my iPad, do other commissioners able to vote?

853
01:13:48,090 --> 01:13:49,990
We'll have to move to a roll call vote.

854
01:13:53,700 --> 01:13:54,540
Commissioner Hammond?

855
01:13:55,720 --> 01:13:55,920
Yes.

856
01:13:57,240 --> 01:13:57,880
Commissioner Hardy?

857
01:13:59,880 --> 01:14:00,680
Commissioner Low?

858
01:14:02,660 --> 01:14:03,380
Commissioner Myers?

859
01:14:04,820 --> 01:14:07,000
Just want to say the back, thank you for what you do.

860
01:14:07,060 --> 01:14:08,040
Please keep doing that.

861
01:14:09,280 --> 01:14:12,320
Commissioner Stevens? Yes. Chair Hardy.

862
01:14:13,260 --> 01:14:19,020
Chair, good body sorry. Yes. Thank you. Thank you for investing in Hayward and

863
01:14:21,770 --> 01:14:22,530
the motion passes.

864
01:14:29,440 --> 01:14:36,420
Next, we move on to item 2, pH 2, 6, 3, 6,

865
01:14:40,280 --> 01:14:40,460
staff.

866
01:14:40,840 --> 01:14:45,980
Could we pause for a moment? Of course. Yes. To get, just take a five minute break. Thank you.

867
01:14:48,310 --> 01:14:50,350
We'll take a five-minute recess.

868
01:14:56,470 --> 01:14:59,970
We are now considering item two, pH two, six.

869
01:15:00,000 --> 01:15:09,340
26, 036, consideration of proposed amendments to the Hayward 2040 General Plan. Turn it over to staff now.

870
01:15:10,500 --> 01:15:15,920
Hello, again. Hayward committed the Ampleting Commission for those who might have missed.

871
01:15:15,920 --> 01:15:25,840
I'm Taylor Rashard, and I'm joined by fellow associate planner, Dulcea Choa, to share some proposed general plan text and map amendments to implement the Hayward downtown specific plan.

872
01:15:26,620 --> 01:15:31,080
Back in 2019, the Hayward City Council adopted the Hayward Downtown

873
01:15:31,080 --> 01:15:35,580
Specific Plan to achieve the community's vision of a resilient, safe,

874
01:15:35,980 --> 01:15:37,180
attractive and vibrant downtown.

875
01:15:38,000 --> 01:15:42,420
The Downtown Specific Plan included programs to achieve this vision,

876
01:15:42,740 --> 01:15:45,440
which include the two programs identified on the screen,

877
01:15:46,000 --> 01:15:47,620
and in the staff report.

878
01:15:48,260 --> 01:15:52,380
This project aims to implement these two programs to ensure consistency

879
01:15:52,380 --> 01:15:56,100
between the Hayward 2040 General Plan and the Hayward Downtown

880
01:15:56,100 --> 01:15:56,900
Specific Plan.

881
01:15:58,460 --> 01:16:01,160
These programs were crafted through an extensive community

882
01:16:01,160 --> 01:16:03,180
outreach process, which included the formation

883
01:16:03,180 --> 01:16:06,340
of a Downtown Specific Plan task force, a community workshop,

884
01:16:06,540 --> 01:16:09,020
a five-day design-share and a community open-house.

885
01:16:09,500 --> 01:16:12,400
To implement these programs, we conducted additional community

886
01:16:12,400 --> 01:16:14,520
outreach, which included tribal consultation,

887
01:16:15,940 --> 01:16:18,480
notification to the community and a community meeting.

888
01:16:19,160 --> 01:16:21,360
Two-day public comments have expressed a desire

889
01:16:21,360 --> 01:16:27,320
a desire to create consistency on their sites between the general plan and the downtown specific plan.

890
01:16:27,640 --> 01:16:30,840
With that, I'm going to pass it off to Dolce to describe the proposed amendments.

891
01:16:33,920 --> 01:16:34,340
Thank you, Taylor.

892
01:16:35,060 --> 01:16:37,740
The proposed tax amendments to the general plan land use designations.

893
01:16:38,380 --> 01:16:43,940
City Center retail and office commercial, CCROC and city center high density residential.

894
01:16:44,620 --> 01:16:46,960
CCHCR can be found in attachment 3.

895
01:16:48,000 --> 01:16:56,780
Currently, the CCROC and CCHCR designations have no minimum density and allow a maximum density of 110-12 units per acre.

896
01:16:57,920 --> 01:17:06,480
The proposed amendments would establish a minimum density of 40-12 units per acre and increase the maximum density to 210-12 units per acre.

897
01:17:07,320 --> 01:17:12,560
The amendments would not change the allowable uses or building forms within the subject land use designations.

898
01:17:14,380 --> 01:17:18,780
The general plan landest designation map amendments can be found in the attachment for.

899
01:17:19,380 --> 01:17:24,300
The map amendments would redesign the 130 parcels identified in the downtown specific

900
01:17:24,300 --> 01:17:29,000
plan from their existing land use designations to the CCROC designation.

901
01:17:29,800 --> 01:17:33,760
Those 130 properties currently have the following land use designations.

902
01:17:34,100 --> 01:17:39,440
Commercial high-density residential, medium-density residential, parks and recreation,

903
01:17:39,440 --> 01:17:44,280
sustainable mix-use and lastly public and costly public.

904
01:17:45,000 --> 01:17:47,200
Only seven parcels with Parks and Recreation

905
01:17:47,200 --> 01:17:49,540
Lannies designations between Mission Boulevard

906
01:17:49,540 --> 01:17:52,580
and A Street are proposed for remapping to address zoning

907
01:17:52,580 --> 01:17:53,660
and consistencies.

908
01:17:54,440 --> 01:17:58,760
One part-owned parcel would be remapped from PQP to CCROC

909
01:17:58,760 --> 01:18:02,720
to match the surrounding part-owned property for future redevelopment purposes.

910
01:18:04,160 --> 01:18:08,220
On the left is the existing General Plan Lannies designation map

911
01:18:08,220 --> 01:18:11,080
and on the right is the map showing the proposed amendments.

912
01:18:13,320 --> 01:18:15,960
As discussed in the staff report and shown on this slide,

913
01:18:16,280 --> 01:18:18,560
the proposed general plan text and map amendments

914
01:18:18,560 --> 01:18:21,220
are fully consistent with the city plans and policies

915
01:18:21,220 --> 01:18:23,540
and will strengthen the city's competitiveness

916
01:18:23,540 --> 01:18:25,000
for grant funding opportunities

917
01:18:25,000 --> 01:18:27,480
and support BART's redevelopment efforts

918
01:18:27,480 --> 01:18:29,360
at the downtown Hayward BART station.

919
01:18:30,220 --> 01:18:32,720
With that, I'll pass it back to Taylor to discuss equal.

920
01:18:33,180 --> 01:18:35,520
Lastly, the implementation of these programs

921
01:18:35,520 --> 01:18:39,300
was fully analyzed under the Environmental Impact Report

922
01:18:39,300 --> 01:18:43,840
prepared for the Hayward Downtown Specific Plan adoption, as such there's no additional

923
01:18:43,840 --> 01:18:48,820
analysis needed under the California Environmental Quality Act, also known as CQA.

924
01:18:49,720 --> 01:18:53,560
And with that, staff is recommending that the Planning Commission recommend to the City Council

925
01:18:53,560 --> 01:18:58,680
that they approve the proposed amendments to the Hayward 2040 General Plan to implement the adopted

926
01:18:58,680 --> 01:19:04,160
programs within the Hayward Downtown Specific Plan and review findings that the project is fully

927
01:19:04,160 --> 01:19:08,900
consistent with the Downtown Specific Plan Environmental Impact Report pursuant to the California

928
01:19:08,900 --> 01:19:13,380
environmental quality act. This concludes staff's presentation and we are happy to answer any

929
01:19:13,380 --> 01:19:18,380
questions you may have. We are also joined by Byron Teng Deputy Director of Public Works

930
01:19:18,380 --> 01:19:25,160
Transportation. Thank you, Ms. Rashad and Ms. Ochoa. I'm going to move now to the planning

931
01:19:25,160 --> 01:19:27,240
I'm going to come in to your questions.

932
01:19:29,600 --> 01:19:30,640
Let me just,

933
01:19:38,220 --> 01:19:43,620
okay, don't see any requests to hold on.

934
01:19:44,260 --> 01:19:45,340
Commissioner Lowe.

935
01:19:47,020 --> 01:19:47,760
Thank you.

936
01:19:48,020 --> 01:19:49,400
Thank you for your presentation.

937
01:19:50,680 --> 01:19:51,300
The,

938
01:19:54,370 --> 01:19:56,210
what I was wondering is currently,

939
01:19:56,970 --> 01:19:59,910
you just said that the CCROC and CCHD,

940
01:20:00,000 --> 01:20:08,500
Our designations have no minimum density and allow a maximum density of 110 dwellings per unit, units per acre.

941
01:20:09,080 --> 01:20:11,160
What was that based on?

942
01:20:15,340 --> 01:20:27,780
I can't specifically say what that is based on, but it is in line with the upper kind of end was in line with less dense industrial residential areas.

943
01:20:27,780 --> 01:20:34,500
So like one ten is aligned with that, I believe that the, when we adopted the

944
01:20:34,500 --> 01:20:41,220
down to specific plan, they intended to adopt a 40 minimum, but unfortunately

945
01:20:41,220 --> 01:20:45,280
the way the was adopted, it didn't clearly state that.

946
01:20:45,340 --> 01:20:49,980
So I think at the time we were supposed to adopt a 40 minimum, it was fully analyzed

947
01:20:49,980 --> 01:20:54,060
and in the environmental impact report as always having a 40 minimum.

948
01:20:54,060 --> 01:20:57,360
So, I think the zero minimum was a mistake.

949
01:20:59,440 --> 01:21:00,300
Thank you.

950
01:21:00,700 --> 01:21:01,600
That's all I had.

951
01:21:03,470 --> 01:21:04,510
Commissioner Hammond.

952
01:21:06,090 --> 01:21:08,030
Yes, thank you, staff, for your report.

953
01:21:10,210 --> 01:21:11,570
So, some questions.

954
01:21:12,690 --> 01:21:22,070
What is the long-term goal for the remapping of the 130 parcels to the CCROC land use designation?

955
01:21:28,760 --> 01:21:34,340
So currently there's a lot of inconsistencies between the general plan and the zoning, so through this effort, we would fix that.

956
01:21:35,080 --> 01:21:39,300
So bring those properties to be consistent with their zoning and their general plan and your specific nation.

957
01:21:39,840 --> 01:21:39,880
Sure.

958
01:21:40,660 --> 01:21:44,120
But do you have something planned for that?

959
01:21:45,120 --> 01:21:48,100
Not necessarily, I mean, he would always open to development rights.

960
01:21:48,260 --> 01:21:51,220
It's whatever comes and will analyze it whenever he comes through.

961
01:21:51,220 --> 01:21:55,160
And I will add the downtown specific plan created that vision.

962
01:21:55,500 --> 01:21:57,360
So when the downtown service plan was adopted,

963
01:21:58,460 --> 01:22:02,200
it identified types of buildings, types of uses,

964
01:22:02,200 --> 01:22:05,980
and all of that that we're going to be allowed in the downtown specific area.

965
01:22:06,160 --> 01:22:07,840
We are cleaning up the general plan,

966
01:22:08,100 --> 01:22:09,780
so that way those documents are consistent,

967
01:22:09,980 --> 01:22:11,320
so that vision can be achieved.

968
01:22:12,400 --> 01:22:17,960
So then you might be up to building taller buildings?

969
01:22:18,780 --> 01:22:24,680
We are not proposing any changes to the heights that are allowed in the downtown specific plan.

970
01:22:25,160 --> 01:22:34,100
But this will, if we approve it, then this potentially could allow for higher buildings in that zone.

971
01:22:34,860 --> 01:22:38,460
We are not changing any of the height regulations within the zoning districts.

972
01:22:39,620 --> 01:22:41,940
So whatever is currently allowed would be able.

973
01:22:43,060 --> 01:22:51,480
So, okay, then, approximately how high could we build with a density range of 110 max?

974
01:22:52,000 --> 01:22:58,700
Currently, across the downtown specific plans zoning districts, we allow a height range of,

975
01:22:58,700 --> 01:23:04,260
or a maximum height range in certain districts between 35 feet in the areas that are far

976
01:23:04,260 --> 01:23:09,940
there away from the Bart station, and then closer to the Bart station, we allow a maximum height of 124 feet.

977
01:23:09,940 --> 01:23:11,980
Okay, very good.

978
01:23:13,180 --> 01:23:25,200
And then what is our goal for the existing residential development near the water tower along the new open space on the hill?

979
01:23:25,620 --> 01:23:31,860
So I don't have them. If you have the map, just north of the old city center.

980
01:23:31,860 --> 01:23:32,360
We

981
01:23:34,980 --> 01:23:45,280
up on the top right corner, there's an empty space, water tower in that area, are you planning on developing that area?

982
01:23:45,500 --> 01:23:56,960
We spoke, that's a HOA owned property, I believe, that there's a community of townhouses I think you're referring to that is there, and that is a portion of their property.

983
01:23:56,960 --> 01:24:00,580
through our outreach project, we talked to a couple of the people who are on

984
01:24:00,580 --> 01:24:04,660
own condominiums projects right, and the H.O.A. doesn't have plans to develop it

985
01:24:04,660 --> 01:24:08,940
at this time, but creating these consistencies would allow development

986
01:24:08,940 --> 01:24:10,080
there more easily.

987
01:24:10,900 --> 01:24:14,580
Is there any plans for them to take out what's there, and then?

988
01:24:14,580 --> 01:24:15,960
No, there are no plans right now.

989
01:24:17,540 --> 01:24:24,860
And then there's a question about, can you answer what parks in recreation changes?

990
01:24:24,860 --> 01:24:31,320
we made at the mission in a street location, that one kind of had me a little confused, was

991
01:24:31,320 --> 01:24:33,400
that parcel ever used?

992
01:24:33,920 --> 01:24:34,340
Yeah.

993
01:24:34,660 --> 01:24:38,620
So there are seven parcels that currently have a Parks and Recreation, General Palman,

994
01:24:38,640 --> 01:24:41,720
any specific nation that are going to be changed to CCROC.

995
01:24:42,080 --> 01:24:46,060
Those seven properties that currently have commercial and residential on them, so they don't

996
01:24:46,060 --> 01:24:48,700
have any parks and recce uses on them right now.

997
01:24:49,160 --> 01:24:50,220
Was it with before?

998
01:24:50,540 --> 01:24:51,360
I don't think so.

999
01:24:51,940 --> 01:24:52,120
No.

1000
01:24:52,500 --> 01:24:52,660
Yeah.

1001
01:24:55,140 --> 01:24:59,980
then on to, in addition to the one bay area grain.

1002
01:25:00,000 --> 01:25:04,620
What are the grants are we eligible for if we make amendments to the general plan?

1003
01:25:11,160 --> 01:25:19,000
I think the consistency of these consistency updates would also be something that was called for in our

1004
01:25:19,000 --> 01:25:25,760
housing designation so those are state, that makes developers like backs or affordable housing

1005
01:25:25,760 --> 01:25:32,680
developers more competitive when they apply for affordable housing funds and so and then

1006
01:25:32,680 --> 01:25:41,560
in addition I think besides one barrier grant there are other TOC like MTC, TOC projects and

1007
01:25:41,560 --> 01:25:48,080
so these amendments would bring us TOC as transit oriented communities would bring us into

1008
01:25:48,080 --> 01:25:50,880
or make us more competitive for grant funding.

1009
01:25:51,420 --> 01:25:53,000
So when you look at certain points,

1010
01:25:53,560 --> 01:25:56,680
we would be weighted lower if we're less consistent

1011
01:25:56,680 --> 01:25:58,860
and weighted higher in those grants,

1012
01:25:59,100 --> 01:26:00,540
if we're more consistent.

1013
01:26:01,460 --> 01:26:03,500
And those are, at this point,

1014
01:26:03,680 --> 01:26:05,860
there are just probably still going to be rolling out grants

1015
01:26:05,860 --> 01:26:10,080
in using the TOC guidance as a measure

1016
01:26:10,080 --> 01:26:11,360
of competitiveness.

1017
01:26:11,560 --> 01:26:14,080
Because we're all going after the same grants.

1018
01:26:14,460 --> 01:26:17,620
So you want to increase your points as much as possible.

1019
01:26:17,620 --> 01:26:20,940
Do the city receives money from these grants?

1020
01:26:25,380 --> 01:26:27,760
The city, so you're talking about old bad grants.

1021
01:26:28,620 --> 01:26:30,680
The city received old bad two grants.

1022
01:26:30,920 --> 01:26:34,400
Can you clarify just for the public, the acronyms?

1023
01:26:34,880 --> 01:26:37,960
Oh, yeah, one bay area grant, old bad.

1024
01:26:38,960 --> 01:26:41,360
The old bad three cycle, we did not get any grants.

1025
01:26:42,620 --> 01:26:45,620
Getting in compliance with old bad for the TOC,

1026
01:26:46,500 --> 01:26:50,500
which is the next cycle coming up old bad for that's what we're trying to

1027
01:26:50,980 --> 01:26:56,300
be eligible for, and we have about a year to reach that point.

1028
01:26:57,080 --> 01:26:58,380
And so how would the money be spent?

1029
01:27:00,100 --> 01:27:02,560
So, MTC will release call for projects.

1030
01:27:03,240 --> 01:27:09,060
And we would apply for that, and if we meet the requirements for the TOC, the TOC requirements

1031
01:27:09,060 --> 01:27:10,980
that would allow us to go after that.

1032
01:27:11,980 --> 01:27:20,960
In addition, if we meet the TOC requirements, we will be kind of,

1033
01:27:20,960 --> 01:27:26,460
five million expected. That will also be something we will be competitive for if we meet these

1034
01:27:26,460 --> 01:27:33,460
requirements. Okay, so that's also for the future MTC grant funding opportunities. Yes, and

1035
01:27:33,460 --> 01:27:37,520
right now it's vague like there's not a lot of they haven't really sent any call for projects

1036
01:27:37,520 --> 01:27:44,320
yet or anything but it is expected in the future. And the money would be spent the same way. Yeah.

1037
01:27:44,320 --> 01:27:53,460
Yeah. Okay. And then we see, this is just kind of general questions. Is there a way to expand

1038
01:27:53,460 --> 01:28:04,140
the present required radius? I'm not sure if it's 500 for public outreach notification.

1039
01:28:04,700 --> 01:28:12,060
There's a certain radius around the site. So we notified every single property owner that was

1040
01:28:13,000 --> 01:28:19,400
being remapped so it wasn't it's not a radius thing for that if you're talking about

1041
01:28:19,400 --> 01:28:25,020
general like planning things you know we can defer that's not kind of within the

1042
01:28:25,020 --> 01:28:29,040
scope of this project but we're happy to look at that. Sure I understand that but

1043
01:28:29,040 --> 01:28:36,060
kind of again it seems like there's a lot of concern about the public not being

1044
01:28:36,060 --> 01:28:41,660
informed of these things and I was just wondering if it's possible for a larger

1045
01:28:41,660 --> 01:28:49,780
area of the paper population to be notified about this and we'll maybe like the last project

1046
01:28:49,780 --> 01:28:53,420
and any other projects that we have going on.

1047
01:28:54,120 --> 01:28:58,420
Yes, so we notify in accordance with the Municipal Code and State Law, which is if there's

1048
01:28:58,420 --> 01:29:02,680
a specific project site, it's with within 300 feet of the project site.

1049
01:29:02,860 --> 01:29:05,120
That's Municipal Code and State Law.

1050
01:29:05,120 --> 01:29:13,940
We also stay law only requires us to notice a decision or a public hearing, but we also send out a notice of receipt of application.

1051
01:29:14,260 --> 01:29:15,080
So we get an application.

1052
01:29:15,460 --> 01:29:16,060
We sent that out.

1053
01:29:16,380 --> 01:29:19,880
That is just, that's a courtesy notice over an above see law.

1054
01:29:20,340 --> 01:29:24,920
In a situation like this where it's city initiated and it impacts more than 1,000 properties.

1055
01:29:25,460 --> 01:29:32,880
We do not mail notices directly to people unless as Taylor pointed out, people's own properties owning was going to be impacted.

1056
01:29:32,880 --> 01:29:38,140
those people were directly informed. But in a situation like this, we publish in the newspaper

1057
01:29:38,140 --> 01:29:45,140
and according to state law if there's over a thousand notices due to the cost of sending this

1058
01:29:45,140 --> 01:29:53,300
out, notification in the newspaper is adequate. And in general, what is the, it doesn't seem

1059
01:29:53,300 --> 01:29:59,260
like we get a lot of feedback from all of the outreach that you do, whether it's a newspaper or

1060
01:30:00,000 --> 01:30:20,860
In the general vicinity, it seems like somehow the word is just not getting out there. I guess I'm just trying to figure out a better way maybe of inform in the citizens of Hayward that projects are going on to give them a better chance maybe to weigh in.

1061
01:30:23,830 --> 01:30:24,910
I guess that's more of a comment.

1062
01:30:27,950 --> 01:30:47,430
I see this come up a lot in all of the projects about feedback, how much feedback does our local tribal organizations provide, and how much state do they have in zoning decisions or potential upcoming developments?

1063
01:30:47,430 --> 01:30:53,970
So state law requires us to notify all tribes that have requested to be notified for a project.

1064
01:30:54,290 --> 01:30:59,230
So we notified all of them and two tribes requested consultation.

1065
01:31:00,550 --> 01:31:05,090
City staff has to work with the tribe until kind of like consensus is met.

1066
01:31:05,210 --> 01:31:12,790
So we met with the confederate nation of our confederate tribes of Lijon Nation.

1067
01:31:13,350 --> 01:31:19,270
And we had a meeting with them where we discussed the project, they were generally supported,

1068
01:31:19,430 --> 01:31:25,070
they were really excited to see that the Santa Lorenzo Creek area was not being the general

1069
01:31:25,070 --> 01:31:28,830
plan wasn't changing there, it was remaining apart in a while in areas, and they were

1070
01:31:28,830 --> 01:31:33,990
excited to learn about the existing policies that the city has about future development and how

1071
01:31:33,990 --> 01:31:37,270
they could be included in projects I would occur within the downtown area.

1072
01:31:37,710 --> 01:31:41,810
So following that meeting, they said that all of their questions had been met and they

1073
01:31:41,810 --> 01:31:47,470
the consultation period. As for the other tribe, we reached out to them via email after they

1074
01:31:47,470 --> 01:31:53,050
requested consultation. Five or six times and they never responded to us so we were forced

1075
01:31:53,050 --> 01:31:58,130
to close public comment without having the chance to discuss with them. So if there is negative

1076
01:31:58,130 --> 01:32:07,350
feedback from a from a local tribe, can they stop a project? We have to make a best faith effort to work

1077
01:32:07,350 --> 01:32:10,070
with them to make sure their needs have met.

1078
01:32:10,570 --> 01:32:12,790
What mostly, the tribes are concerned about,

1079
01:32:12,830 --> 01:32:16,030
is actual development projects, less about policy work,

1080
01:32:16,130 --> 01:32:18,750
and they want to make sure that when there are development

1081
01:32:18,750 --> 01:32:23,570
projects that could potentially impact their tribal resources,

1082
01:32:24,190 --> 01:32:27,750
that a tribal leader is on site to be able to watch excavation

1083
01:32:27,750 --> 01:32:28,430
and things like that.

1084
01:32:28,430 --> 01:32:31,290
That is mostly what they express to us is their desire.

1085
01:32:31,910 --> 01:32:34,170
So they are involved in kind of that process,

1086
01:32:34,170 --> 01:32:41,630
based on my conversations with them, that is their key point in just having site investigation

1087
01:32:41,630 --> 01:32:44,030
and being able to watch construction occur.

1088
01:32:44,610 --> 01:32:47,150
Okay, thank you, that's my question, thank you.

1089
01:32:48,750 --> 01:32:49,410
Commissioner Myers.

1090
01:32:50,890 --> 01:32:51,590
Thank you, Chair.

1091
01:32:52,970 --> 01:32:56,010
Some of my questions have already been answered, so you guys can relax.

1092
01:32:59,150 --> 01:33:07,830
Regarding the height, again, SB 79, does it not allow for nine foot, I mean nine story

1093
01:33:07,830 --> 01:33:13,590
buildings where our downtown code allows for seven story. And if that's the case, does

1094
01:33:13,590 --> 01:33:15,970
that mean we're going to sometimes have nine story buildings around?

1095
01:33:22,110 --> 01:33:28,330
Yeah, so SB 79 allows up to 95 feet at the maximum rate. So yeah, it might be nine stories.

1096
01:33:28,330 --> 01:33:33,670
But that's through SB 79, if the developer chooses to go through the SB 79 route.

1097
01:33:34,290 --> 01:33:36,890
Okay, and that would only be for those projects that use SB 79, right?

1098
01:33:36,910 --> 01:33:37,370
Yeah, exactly.

1099
01:33:37,810 --> 01:33:38,150
Okay, cool.

1100
01:33:38,490 --> 01:33:42,590
Okay, and then also, we're going to be rezoning some of the many properties.

1101
01:33:43,910 --> 01:33:47,190
And we're almost doubling the one-tended to two-ten really.

1102
01:33:48,370 --> 01:33:54,550
Do you have any properties that might not be able to adequately appease that requirement?

1103
01:33:56,210 --> 01:33:57,670
So that is the maximum density.

1104
01:33:57,670 --> 01:34:00,050
So they need to hit between 40 and 210.

1105
01:34:00,830 --> 01:34:06,710
Me and also did a lot of research about what currently density ranges we are seeing with the

1106
01:34:06,710 --> 01:34:09,690
projects that this planning commission has previously approved.

1107
01:34:10,310 --> 01:34:14,550
All of all the projects we have recently approved in the downtown specific plan area.

1108
01:34:15,010 --> 01:34:20,430
The densities typically range at the lowest as to 40 dwelling units per acre.

1109
01:34:20,750 --> 01:34:26,710
And then we had some in the 180, 190, and those are projects that included density bonuses.

1110
01:34:26,710 --> 01:34:30,390
So they had to use identity bonus to go above the one-ten.

1111
01:34:30,950 --> 01:34:36,230
So while this is a change, it's not different than the development we have been seeing proposed

1112
01:34:36,230 --> 01:34:36,790
in downtown.

1113
01:34:37,610 --> 01:34:39,210
Okay, yeah that totally makes sense.

1114
01:34:39,450 --> 01:34:45,670
And then I know I think it was 2019 we had the ER done for the downtown improvement thing.

1115
01:34:46,030 --> 01:34:47,070
We're totally okay.

1116
01:34:47,170 --> 01:34:51,270
We think that all of these adjustments are going to align fine with this impact report.

1117
01:34:51,630 --> 01:34:51,730
Yes.

1118
01:34:51,730 --> 01:34:59,270
So they analyzed this development build out at that density range and they assumed that these

1119
01:34:59,270 --> 01:34:59,970
parcels would.

1120
01:35:00,000 --> 01:35:08,800
Change General Plan. So that EIR fully analyzed it and was certified and so we're just using that same document.

1121
01:35:09,160 --> 01:35:10,980
Because we're just implementing the plan.

1122
01:35:11,200 --> 01:35:17,660
Okay, cool. My other question had been about, you know, my concerns on who all was notified, but I think you guys answered that.

1123
01:35:18,100 --> 01:35:24,740
And then regarding the parks, I believe you answered that online. And okay,

1124
01:35:31,190 --> 01:35:32,710
I think that's it. Thank you very much.

1125
01:35:34,150 --> 01:35:34,910
Commissioner Hardy.

1126
01:35:34,910 --> 01:35:41,770
Thank you. I think maybe all of my questions have been answered to suffer one.

1127
01:35:42,970 --> 01:35:52,310
So, can staff explain how the seven PR parcels became inconsistent with its zoning?

1128
01:35:54,790 --> 01:36:01,730
I did my best to research that it's not very clear, so that change may have occurred

1129
01:36:01,730 --> 01:36:07,830
in the most recent update of the general plan or the previous, it's unclear, but through

1130
01:36:07,830 --> 01:36:12,150
the outreach process with the downtown specific plan which was a very extensive outreach

1131
01:36:12,150 --> 01:36:20,210
process, that community wanted to see this vision of downtown and there is ample park space

1132
01:36:20,210 --> 01:36:24,530
that is actually used as park right now and maintained and has been enhanced since the adoption

1133
01:36:24,530 --> 01:36:30,830
of the plan. While I can't speak to specifically my gleaming from the outreach was that this

1134
01:36:30,830 --> 01:36:31,750
wasn't needed.

1135
01:36:33,850 --> 01:36:40,730
And the current current conditions on site mean that the existing development

1136
01:36:40,730 --> 01:36:46,370
that there, that is currently there, is all non-conforming to our regulations. So by doing

1137
01:36:46,370 --> 01:36:49,470
this, we'll bring them all into conformance with our regulations.

1138
01:36:52,390 --> 01:37:00,810
So there was never any actual plan for any recreation, or-

1139
01:37:00,810 --> 01:37:09,640
old they're like constructed in the like I would say like 1920s to 1940s so they're quite old

1140
01:37:09,640 --> 01:37:13,840
so there hasn't been plants and they're all privately owned it's not owned like by hard or a

1141
01:37:13,840 --> 01:37:17,720
park district so yeah I don't believe there was any plants to ever put a park there.

1142
01:37:18,700 --> 01:37:20,320
Thank you. That's all.

1143
01:37:23,960 --> 01:37:25,800
Any other commissioner questions?

1144
01:37:29,620 --> 01:37:37,400
Okay, seeing that then I will move to the public hearing. Masaland do we have any speakers online or in

1145
01:37:37,400 --> 01:37:43,640
chambers. They're on on in the chamber, nor online. Thank you. I'm going to close public

1146
01:37:43,640 --> 01:37:48,160
caring and move to discussion. Commissioners.

1147
01:37:51,140 --> 01:37:54,160
Commissioner Hammond.

1148
01:37:54,980 --> 01:38:01,240
Sure. So I just have some comments. So if we're going to develop a transit oriented community,

1149
01:38:01,700 --> 01:38:06,420
then we must also develop an efficient, reliable transportation system.

1150
01:38:08,520 --> 01:38:09,280
I'm in favor of

1151
01:38:09,280 --> 01:38:19,620
developing the properties surrounding the Hayward Barts station to high-rise development with ground floor commercial and upper floor mixed office and residential uses.

1152
01:38:20,760 --> 01:38:27,880
For a business friendly Hayward, I very much like to see parts of downtown Hayward become vehicle free and more pedestrian oriented.

1153
01:38:27,880 --> 01:38:47,380
And I approve the proposed land use text amendments found in the Attachments 3 for a, for b, to the 2024 general plan and I find that the project is fully consistent with the downtown specific plan environmental impact report pursuant to the sequence.

1154
01:38:48,000 --> 01:38:50,080
Thank you.

1155
01:38:50,080 --> 01:38:51,400
Thank you commissioner low.

1156
01:38:54,770 --> 01:38:56,930
Senator like you said, thank you commissioner low.

1157
01:38:57,510 --> 01:38:59,770
So I was like, wait, did I speak already?

1158
01:39:01,370 --> 01:39:09,810
I am definitely for consistency, and especially when that consistency has a potential to bring

1159
01:39:09,810 --> 01:39:11,150
more money into the city.

1160
01:39:12,070 --> 01:39:19,710
So for that reason, I am prepared to move this item, and I will be very formal with it once

1161
01:39:19,710 --> 01:39:20,970
I find my notes.

1162
01:39:21,770 --> 01:39:25,830
We have two other commissioners that wish to speak, and I ask you to...

1163
01:39:25,830 --> 01:39:26,670
Oh, okay.

1164
01:39:29,270 --> 01:39:30,170
Commissioner Hardy.

1165
01:39:31,570 --> 01:39:31,950
Thank you.

1166
01:39:32,070 --> 01:39:33,830
I just wanted to give an appreciation.

1167
01:39:34,350 --> 01:39:36,850
Staff, I often ask about community engagement.

1168
01:39:37,290 --> 01:39:41,650
And I felt like there was just a lot of community engagement that happened with this.

1169
01:39:41,750 --> 01:39:43,670
And so just wanted to note that.

1170
01:39:43,670 --> 01:39:49,010
And I am also very appreciative of of of consistency and in support of this.

1171
01:39:50,910 --> 01:39:51,890
Commissioner Miners.

1172
01:39:53,750 --> 01:39:55,790
I'm a one same page.

1173
01:39:56,910 --> 01:39:59,970
I need chance we can too.

1174
01:40:00,370 --> 01:40:15,810
Clean up our general plan, controversial, you know, the discrepancies. I think I'm all for that, and especially as chair, you know, Commissioner Loses, if it helps bring us grant money and everything, that's so much better. So thank you for that, I'm for that.

1175
01:40:18,520 --> 01:40:22,480
Commissioner Lowe, do you want to go back to your motion? Oh, Commissioner Stevens.

1176
01:40:23,580 --> 01:40:25,160
Thank you. Thank you.

1177
01:40:25,280 --> 01:40:32,440
So I just want to make a couple of observations before we move on. So there's like hordes of people here, and there's hordes of people online.

1178
01:40:32,440 --> 01:40:35,480
Look at all the people that are lined up out the door, right?

1179
01:40:35,760 --> 01:40:38,460
This is like a major land use thing, right?

1180
01:40:38,940 --> 01:40:44,320
And so this seems really minor now, but I don't know, 5, 10, 20, 30 years from now.

1181
01:40:44,700 --> 01:40:46,480
There's going to be people that are frustrated.

1182
01:40:47,580 --> 01:40:50,140
And so I get it, this is the world we live in.

1183
01:40:50,440 --> 01:40:53,580
But I just would like to draw attention to one point,

1184
01:40:54,340 --> 01:40:56,040
which I personally find very frustrating.

1185
01:40:57,180 --> 01:40:59,320
So the One Bay Area Grant, Obag,

1186
01:40:59,320 --> 01:41:04,940
is something that funds a lot of major transportation infrastructure projects throughout the

1187
01:41:04,940 --> 01:41:09,620
Bay Area, and I'm very well aware of this because I implement a lot of these projects.

1188
01:41:10,580 --> 01:41:21,800
And I find it frustrating that the MTC is using the grant funding as a tool to regulate

1189
01:41:21,800 --> 01:41:28,940
land use on a local level. And if you want to know who the MTC is, you can go to their website

1190
01:41:28,940 --> 01:41:35,100
and there are a group of commissioners that are represented from Bay Area-elected folks,

1191
01:41:35,560 --> 01:41:42,740
and our person is the mayor of Alameda. Boy, we don't even have a person from Hayward on the MTC.

1192
01:41:43,820 --> 01:41:49,460
So my point being is that, you know, these decisions are made by people

1193
01:41:49,460 --> 01:42:00,800
that live in ivory towers and that real people are not really a prize of these things, and the repercussions aren't tonight, they are what happens in the future.

1194
01:42:01,420 --> 01:42:02,160
So thank you.

1195
01:42:06,650 --> 01:42:08,110
Thank you commissioner Stevens.

1196
01:42:08,770 --> 01:42:10,670
Now finally, back to commissioner low.

1197
01:42:10,990 --> 01:42:12,230
Are you prepared to make a motion?

1198
01:42:12,930 --> 01:42:14,370
Never mind, I give up.

1199
01:42:16,660 --> 01:42:25,380
I moved that the planning commission approved the proposed amendment to the Hayward 2040 general plan to implement.

1200
01:42:25,380 --> 01:42:28,080
the adopted programs within the Hayward Downtown

1201
01:42:28,080 --> 01:42:30,780
Specific Plan, namely establishing

1202
01:42:30,780 --> 01:42:34,020
a density range of 40 to 210 dwelling unit

1203
01:42:34,020 --> 01:42:38,020
per net acres for the city center retail office

1204
01:42:38,020 --> 01:42:43,440
commercial and city center high-density residential zones

1205
01:42:43,440 --> 01:42:48,580
and remapping a total of 130 parcels to the CCRLC

1206
01:42:48,580 --> 01:42:53,040
land use designation to be consistent with the existing zoning.

1207
01:42:54,760 --> 01:42:57,740
and we have a second from Commissioner Hammond.

1208
01:43:00,320 --> 01:43:01,260
We can all vote now

1209
01:43:16,940 --> 01:43:18,460
and a motion passes.

1210
01:43:23,520 --> 01:43:27,040
Now it's our third and final item and that would be the approval

1211
01:43:29,850 --> 01:43:32,490
of the minutes.

1212
01:43:36,990 --> 01:43:42,290
I move to approve the minutes from the Planning Commission meeting.

1213
01:43:45,550 --> 01:43:47,550
Sorry, pulling it up.

1214
01:43:51,590 --> 01:43:51,990
June 11.

1215
01:43:52,370 --> 01:43:52,810
Thank you.

1216
01:43:52,930 --> 01:43:53,250
June 11.

1217
01:43:53,730 --> 01:43:54,390
2026.

1218
01:43:55,230 --> 01:43:55,490
Second.

1219
01:43:56,810 --> 01:44:03,410
We have a motion by Commissioner Hardy and a second by Commissioner Low

1220
01:44:11,090 --> 01:44:12,830
if we can go ahead and vote.

1221
01:44:20,920 --> 01:44:23,140
We temporarily lost a connection.

1222
01:44:23,660 --> 01:44:24,170
Oh, here it is.

1223
01:44:30,530 --> 01:44:31,270
At the motion passes.

1224
01:44:34,590 --> 01:44:34,770
All right.

1225
01:44:34,910 --> 01:44:38,710
Now we can move on to Commissioner Commission reports.

1226
01:44:40,530 --> 01:44:41,450
Welcome back.

1227
01:44:41,550 --> 01:44:43,470
I hope you guys all had a really great summer.

1228
01:44:43,670 --> 01:44:46,770
It's so nice to see you again and get started on business.

1229
01:44:46,770 --> 01:44:52,670
And with that, I want to congratulate commissioners low in your golf for being re-appointed

1230
01:44:52,670 --> 01:44:53,650
to the Planning Commission.

1231
01:44:54,630 --> 01:44:59,970
We will miss commissioner Myers, but he's been replaced by a new commissioner.

1232
01:45:00,860 --> 01:45:12,440
I think is coming from the Community Service Commission. So, familiar with, hey, word, and being in this room and, you know, sort of reviewing staff reports, so I'm really excited to have her join the team.

1233
01:45:12,700 --> 01:45:19,020
I think that at the September 15th to the Council meeting, there will be the swearing-in, and then we'll do some trainings.

1234
01:45:19,520 --> 01:45:26,820
As of right now, I don't have any items scheduled. We don't have anything on the agenda for September. There may be an item at the second meeting.

1235
01:45:26,820 --> 01:45:35,960
So we would have Daisy, Commissioner, and Maxi, and joining at that time, but we'll let you know as soon as we know if there's anything scheduled.

1236
01:45:36,880 --> 01:45:40,960
And I think that that's it for reports.

1237
01:45:43,330 --> 01:45:44,910
Thank you. It's good to be back.

1238
01:45:45,730 --> 01:45:49,070
Do we have Commissioner announcements and referrals?

1239
01:45:52,010 --> 01:45:59,630
I am adjourning this meeting at 856 p.m.