Planning Commission - Regular Meeting

Thursday, October 23, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Hayward, CA
Meeting Date
October 23, 2025

Transcript

145 sections (from 170 segments)

0:01 – 0:320

Good evening, and welcome to the City of Hayward Planning Commission meeting on 10/23/2025. We're holding a hybrid meeting with some participants in the council chambers and others who have joined virtually via Zoom. This meeting is being webcast on Comcast TV channel 15 and live streamed on the city's YouTube channel and on the city's website. This meeting is called to order at 07:01PM. Please rise and commissioner Lowe can you lead us in the pledge of allegiance.

0:510

Miss Allen, will you please call roll?

0:551

Good evening. Commissioner Goodbody absent. Commissioner Hammond?

1:011

Commissioner Lowe? Here. Commissioner Myers?

1:063

Present.

1:071

Commissioner Stevens absent. Commissioner Yorgov. Here. Chair Hardy.

1:12 – 1:490

Present. We will now open public comments on non agenda items. The public comment section provides an opportunity to address the Planning Commission on items not listed on the agenda. The commission welcomes comments and requested speakers present their remarks in a respectful manner within the established time limits and focused on issues which directly affect the city or within the jurisdiction of the city. As the commission is prohibited by state law from discussing items not listed on the agenda, your item will be taken into consideration and may be referred to staff for further action.

1:49 – 2:240

Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a commission meeting. The city is committed to maintaining a workplace free of unlawful harassment and is mindful that city staff regularly attend commission meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive are per se disruptive to a meeting and will not be tolerated. Miss Allen, do we have any public comments at this time in person or on Zoom?

2:251

There are none. K. Thank you,

2:28 – 2:490

miss Allen. Then I will close public comments, and we will move on to our action items. The commission will permit comment as each item is called for a public hearing. Please submit a speaker card to our secretary, miss Allen, if you wish to speak on a public hearing item. For agenda item number one, the decision of the planning commission is final unless appealed.

2:50 – 3:480

The appeal period is ten days from the date of the decision. If appealed, a public hearing will be scheduled before the city council for final decision. Item p h zero four six is a proposal to subdivide an existing 0.15 acre site to allow for the construction of a 14 unit condominium building at 1289 Russell Way for which a corresponding site plan review and density bonus application was previously approved in 2023 requiring approval of a vesting tentative trap tractamap for condominium purposes, track number eight seven six two, and finding that the project is categorically exempt from the California Environmental Quality Act, CEQA, pursuant to section one five three three two of the CEQUA guidelines. Applicant property owner, Horatio Wilcott, four WR LLC. I'll now turn it over to staff for a presentation.

3:51 – 4:394

Thank you, Chair Hardy. Steve Kowalski, Senior Planner. This is an application for a vesting tentative track map to subdivide a previously approved but not yet built 14 unit apartment building into condominiums. On 11/10/2022, the applicant, Horatio Wolcott, filed an application for site plan review with density bonus to construct a three story, 14 unit rental apartment building on the subject property at 1289 Russell Way. The project included the provision of one unit affordable that would be affordable to very low income households, which exceeded the city's minimum requirement to provide one unit affordable to moderate income households.

4:41 – 5:474

In exchange for this, the applicant was entitled to one concession and unlimited waivers under the cities and states density bonus laws. The applicant used the concession to reduce the amount of required parking from 17 spaces to seven, and utilized a small number of waiver waivers enable the building to be built up to the front property line with the footprint and the architecture that you can see in the previously approved plans in Attachment 5 to the staff report. The project was approved with no opposition approximately one year later on 11/03/2023. The applicant subsequently submitted the grading permit and building permit applications to construct the project in December 23 and September 24 respectively, but paused work on those applications in order to apply for the vesting tentative track map to convert the units into condominiums. The applicant cited financial challenges with construction as his rationale for requesting approval to convert the apartments into condominiums.

5:48 – 6:464

While a site plan review and density bonus application for a new 14 unit apartment building doesn't require planning commission approval. Under the city's subdivision ordinance, a 14 unit condominium subdivision does, and that's why the item's here before you tonight. So tonight the item before the commission is is the actual tentative subdivision map, not the entire set of plans for the apartment building because those were already approved by the planning director under the old site plan review and density bonus application and are not subject to their approval was vested. The commission's task tonight is to determine whether the tentative map conforms to the general plan and downtown specific plan and complies with the applicable standards of the subdivision ordinance and the zoning ordinance. This is an aerial photo of the subject property.

6:46 – 7:144

It's circled in red there, kind of highlighted in yellow. It's a 0.15 acre site. It's currently vacant except for three existing trees and a temporary storage structure. It's currently being used for parking and vehicle and equipment storage. The site is zoned urban neighborhood and designated city center, retail and office commercial in the general plan.

7:14 – 8:244

Multifamily residential development is permitted on properties with these zoning and land use designations at a maximum density from anywhere from 40 to 110 units per acre. All three of the existing trees on the site will need to be removed to accommodate the project, as well as two trees located immediately off-site. One is within the right of way, and another is directly on the property directly to the east. There is no room to replace the trees that will be removed, so the applicant will be required to pay a rather large mitigation fee for the removal of trees. The plans that were approved feature a three story building containing a seven space parking garage, main entrance lobby with mailboxes, a separate elevator lobby inside the garage, and a bike parking and storage area, and various utility rooms on the Ground Floor, and 14 total residential condominiums on the two upper floors with seven units on each floor.

8:24 – 9:094

Each floor is identical, the floor plans on each floor. The units feature studio type floor plans designed for one and two person households that measure from 484 to 560 square feet each. A single driveway will provide access into the parking garage, while two pedestrian pedestrian entrances will be provided, one leading into the main entry lobby and another leading directly into the parking garage. A separate roll up door will be provided on the facade for the trash room, so that the building's dumpsters and waste bins can be rolled out onto the street on collection day. No physical changes to the previously approved plans are being proposed tonight.

9:10 – 10:364

The vesting tentative track map would simply overlay the previously approved building plans and enable the applicant to subdivide the building and sell each of the units within it individually. The subdivision would require the formation of a homeowners association that would be responsible for the ownership and maintenance of all the building's common interior and exterior features, as well as the establishment of a set of covenants, conditions and restrictions or CCNRs for short, that would contain the governing provisions and joint and individual responsibilities of the HOA and each of its members. The project would also still provide one unit for sale instead of for rent at pricing affordable to very low income households. Staff reviewed the proposal as always for conformance to the general plan and downtown specific plan and for compliance with the applicable zoning standards for a new high density residential project and determine that it does comply with the standards of the zoning code and is consistent with a number of goals and policies of the land use and housing elements of the general plan, as well as the downtown specific plan. This slide contains three of the goals and policies in the general plan, which staff found the proposal to be consistent with.

10:37 – 11:164

I don't need to read each one of them. They're in your staff reports. And this slide has four goals and policies contained in the downtown specific plan that the project was found to be consistent with. So based on staff's review and its determination, we are recommending tonight that the Planning Commission approve the vesting tentative track map based on the findings in Attachment two and subject to the conditions of approval in Attachment three. That concludes staff's presentation. We do have the developer in the audience tonight with his architect and engineer. They don't have a presentation but they are prepared to answer any questions the commission has. Thank you.

11:17 – 11:360

Thank you senior planner Kowalski. I also want to acknowledge that commissioner Stevens has joined the meeting and at this time we'll open the floor for commissioner questions. Alright, commissioner Hammond.

11:36 – 12:052

Yes, good evening. Thank you staff for the report. So looking at the tentative map was presented to us, I saw a couple of, errors that might need to be corrected. On page one, number 16, under fire protection, it shows Santa Clara County as being the jurisdiction. And number 20, it shows the city of Cupertino as a jurisdiction for planting street trees.

12:06 – 12:344

Thank you. That was brought well, one of those two were brought to our attention. The other one was missed. So kudos to the commissioners who are for pointing those errors out. This is a tentative track map, so it's not the final version that will be recorded. Do we have Kathleen Terentia Bria on the call? Okay. Hopefully Kathleen heard that. She'll be handling the processing of what's called the final, the tracked map, the final map. And those errors will get cleaned up before Sure. The

12:34 – 12:502

Okay. Thanks. Yep. So in the building design, had a couple of questions or concerns. Looking at the plan, in case of a fire in the hallway, how will everyone escape, especially those who live in the ADA unit?

13:00 – 13:214

So there's a there's The building is relatively small. There is an elevator on one end of the common corridor, and there's an emergency stairs on the other. Those two means of ingress and egress satisfy the fire code, the exiting requirements, egress requirements? Sure.

13:23 – 13:392

It's a small highway. If there's a fire, it's going be a little scary. Anyway, will also will there be a no smoking rule? And if so, how will it be enforced?

13:394

I think think the city has a, do we have an ordinance in the books yet about not being able to smoke? Okay.

13:505

Right now the city does not have prohibitions on smoking for multi family. So that is not applicable.

13:572

Okay. Out of curiosity, what is the market value going to be for the very low income unit?

14:094

I think that we have the housing manager on. Sorry? I'm sorry Jeremy? Okay. Oh yeah. Good

14:22 – 15:016

evening commissioners. I'm Leah Schmidt, planner and working in housing right now. So what I would say is that it's we're not gonna know until it gets marketed. We're not gonna know the sale price but apparently a kind of larger very low income unit that was put up for sale pretty recently went for under $70,000 It was much larger than this though. So you know, what we're gonna have to factor in is square footage interest rates, you know, and then utilities and HOA costs. And so it's very specific to the site. But it will be quite low because it's for it's a very low income unit.

15:012

So will the HOA fees also be reduced for this unit?

15:06 – 15:276

They will not be reduced for the unit but the cost of the unit will be reduced based on the HOA fees. Because those fees are incorporated into the principal, the interest, insurance, utilities, HOA fees, all of that goes into factoring the cost of the unit. And it will be at 40% AMI for a one to two person household.

15:27 – 15:462

Okay, thank you. And then for the green building, how is the storm drain water gonna be handled on the site? It is kinda taking up the whole site, and it doesn't look like there's gonna be much of a place for water to percolate down into the soil.

15:484

That question I would like to have the city senior engineer answer if she's available.

15:587

Okay. I

16:014

think we have our engineer, our staff engineer prepared to answer.

16:05 – 16:328

Hi, Steve. This is Kathleen Terentieff. I'm the senior development services engineer. For the storm drainage, it's going to, it'll come down from the roof leaders and then tie into a system that is on the outside perimeter of the building and then go out into the street. So you're right. There is not much room, so it was a difficult design to to implement, but it will get out to the street.

16:32 – 16:452

So this site's gonna probably generate more storm water than other sites because of its zero lot line design?

16:47 – 17:078

In the existing condition? Yes. So there is some storage that will allow it to, not be released, too much at a greater rate than it is right now. So there's some storage in some gravel layer at the perimeter of the building that's been reviewed by building as well as there are geotechnical engineer, and then it will go out to the street.

17:082

Okay. So we haven't seen all the drawings, I'm guessing the foundation will be protected.

17:130

You could just push the button there.

17:178

Correct, the foundation will be protected.

17:19 – 17:459

Yeah, just to add to what Kathleen said is there will be infiltration trenches on the side. So we did the best use of it to kind of make it green and have infiltrate before releasing out to the public. Okay. So it's not really a zero lot line. We have like three foot, and that's what we're using to infiltrate. Sure.

17:46 – 18:202

Okay. I see that you're going be removing all the trees, and I guess you'll be paying to have that happen. So it seems that the trees will be all located at La Vista Park. Is that That's what I understand. Is La Vista Park sort of the dumping ground for all of the tree mitigation? Or can the trees be sprinkled around the city maybe a little bit better?

18:20 – 19:0310

Yeah. I'm Horatio Woolkah. Good evening. The trees have been removed because they were a hazard. They were infected to the point that they could fall on somebody. So, got permission to remove the two oaks, including the roots. And, we paid for all the trees. And, at that time, it was miss Michelle Koo who was building a park somewhere in Hayward. And, that is where she wanted to put the trees that we took out for the fund, we gave her the funding to buy the trees to put in that park. Whatever that park was in Hayward, I don't know where it was.

19:034

It is the park that Commissioner Hayman's referring to. The Vista Park.

19:08 – 19:415

So yeah, and I'll just clarify. The tree removal permit that authorized removal was the original site plan review application in 2023. So that, again, that decision's already been made and the trees have already been removed because as the applicant pointed out, they were potentially posing a hazard. And this was obviously before we had our current tree preservation ordinance which provides the opportunity for the applicant to pay an in lieu fee if they don't want to replace certain trees. But back when the original project was entitled for the building, we didn't have the ordinance.

19:41 – 20:205

And so the only option that was available at the time was if on-site mitigation could not be accommodated, then staff was recommending off-site mitigation. And funding for the planting of materials at La Vista Park at the time was severely underfunded. There was a need to be able to put more plants there. There was also the Mission Linear Park which was under construction and recently also completed. And so those two projects, again, with the offset of the tree plantings to be able to go in those projects actually helped establish additional trees in public spaces throughout our community.

20:20 – 20:382

Okay, thank you. Being that the construction site's gonna be close to the creek, how will the creek be protected during construct being the proximity to the creek, how is the, during construction, how is the creek gonna be protected?

20:39 – 20:564

We can have our engineer answer that question for Mr. Wolcott. Or perhaps his engineer if he'd like to. Because there are requirements to prevent that runoff.

20:56 – 21:319

Sorry I forgot to introduce myself. I'm Oscar Asuna, the civil engineer and surveyor of the project. When we started the project, we actually looked into the toe slope and the top of slope, and we had to be a certain feet away of that. So there was a consideration for the influence line. So that's what I recall at this moment that we did because it was in the first initial stage. But

21:314

we think the commission I is asking what are the best management practices that will be implemented to protect the creek during construction.

21:412

Is that right? Just to guarantee that the creek's gonna be protected.

21:46 – 22:059

Okay. I took it as you were concerned about the stability but in regards to that we will be having, we have an erosion control plan that we're gonna implement that'll have silt fences or straw waddles, things like that. We will have best management practices in place.

22:05 – 22:282

Okay. Thank you. So I noticed that there are not an equal number of parking spaces to units. So where will those who don't have a parking space be able to park? Is Russell Way, does it have enough room to accommodate off street parking? I know you're probably going to try and encourage people not to have a car.

22:299

Use use the park. I wasn't involved in that.

22:32 – 23:1110

So There is a that's a good question. There is some parking on Russell Way, but the if you go to the corner of that street and make a right on that block, there's a lot of empty parking spaces there, that whole block. And, there is a whole piece of land that hasn't been developed either. Not that they're park in the land, but right in front of it, obviously. So, and also, the next parallel street from one block over to the right, there's also a lot of parking there. So, there is plenty of parking. It's just not there is plenty of parking within walking distance of one or two blocks.

23:122

Okay. So, not super convenient, but Yeah.

23:1610

But, you don't have to walk a mile. You know, it's just a couple blocks. Sure. The

23:21 – 23:512

best. Being the proximity to the Civic Center Garage, I'm not sure what the plans are for that, but is there any plans of potentially opening up the garage to public parking, especially if you're going to approve perhaps in the future more projects like this. The street looks like there's plenty of opportunities to build more high density housing that are gonna need parking. Is that potentially an option?

23:51 – 24:135

I can't answer that question. Those long range plans for the City Center site I think are it's still under city ownership. I think eventually the city would be looking at redeveloping that site and we could certainly could look at that option at that point. But at this stage it's not really specifically directly tied to this project. So I can't really factor an answer for that.

24:13 – 24:362

Sure, okay. And since, I guess, you're trying to get people not to have cars for this site, being that it's close to AC Transit, is there any way that, I don't know, to get AC Transit to maybe step up their service? I think right now it's like forty minute wait for a bus.

24:36 – 25:215

Again, don't regulate the operations of AC Transit. We do have regularly, quarterly interagency meetings with AC Transit where we meet with them and we talk about operations. But in terms of their operational needs, they just went back last year, and they did kind of a realign refocus of the demand because ridership for AC Transit buses has dropped substantially, and so maximize those lines which were the highest potential. But the city regularly meets with AC Transit and we evaluate changes in operations quarterly. So we do regularly meet with them. I don't know what their future plans, but the city is not the operator and so we would not be in charge of making those operational changes.

25:21 – 25:442

Sure, it would be nice to be able to offer some alternatives if you're not going to have a car. Anyway, and also who's responsible for widening Russell Way? I guess on this particular portion, they're gonna widen it. But is there plans in the future to widen the rest of Russell Way?

25:464

We could probably have Kathleen Best answer that, but I think the short answer is no. But Kathleen, did you catch that question from Commissioner Hammond?

26:04 – 26:218

Sorry, my video is not turning on. Oh, there it is. I did catch that question. I am not aware of any plans by public works to widen that street. No. If other projects came in that were of similar nature, they would have the same requirement to widen the street to a 26 foot pavement width.

26:21 – 26:452

Okay. So I guess I'm just concerned if if we're gonna approve this project, why not approve more projects in that area? It would seem to make sense if if you're planning on trying to get more units into the downtown area. So I guess follow-up question would be if how's the city gonna handle the infrastructure, the sewer, water, electrical along that street?

26:48 – 27:145

The city has long range plans for the build out and this project. When we did our general plan update, part of our requirements is we have to be able to look at full build out assumptions. So we did do the full build out assumptions citywide. And so and we plan accordingly. And so every year this commission gets to review the CIP list that comes before we adopt our new fiscal year budget.

27:14 – 27:525

And those highlight the city's priorities with roadway maintenance and any potential upgrades. And so again, I think as projects get developed, the CIP list may change, but right now there's not a demand for that or there's not a need. I think what we're seeing with this particular project is there were some additional dedication that was required in order to meet minimum fire access requirements. And that's why this particular applicant was required to dedicate some land. But that is a life safety requirement that is necessary in order to facilitate safe passage to and from the project.

27:522

Okay, thank you. That's my questions.

27:560

Thank you. Are there any other? Commissioner Myers?

28:00 – 28:233

Thank you, Chair. Just a couple somewhat oddball questions. It appears these are four five hundred, 600 square foot units. Might be questioning for you guys, a question for you guys. Do you find that there's a substantial market for units with the square footage characteristics that are similar to this?

28:254

So that would definitely be a question of the applicant, city That's not our area of expertise.

28:313

We can

28:314

process the plans that

28:32 – 28:463

Thanks, similar I to kind was of hoping for the applicants. If you wouldn't mind. I'm just kind of curious if there's a big, if you're seeing, I would think so, but do you see a pretty substantial market for these size units?

28:46 – 29:0510

Yeah, I think so. I think it becomes an affordability issue. You want a bigger house? You better have $3,000,000 or more. If all you have is $200,000 a year, then you've got to make the payments that you can afford.

29:06 – 29:4610

One bedroom, a two bedroom, instead of having to pay rent and let the landlord keep the rent, you're looking at now it's more affordable or it's close enough that if you pay the rent, you're basically paying the payment because of where the interest rates are. Today, a one bedroom or a two bedroom, you go for 3 to 3,500. You look at a million dollars or half $1,000,000, half $1,000,000 at 6% or 6.5 is $3,300 So, it's about the same. You're better off paying your mortgage payment on a smaller unit than you are making a rental.

29:473

Right. Yeah. And, that totally makes sense. I'm just curious if there's if you're seeing similar sized units available out there. I I haven't been in real estate

29:5610

for quite

29:573

a while, and I'm curious.

29:58 – 30:3310

The reason people don't want to build condos, this is because of the California law that says you have to be responsible for that condo for ten years. So, on year eight or nine, if you have a big development, the lawyers come in and say, Hey, guys. Let's do a collective lawsuit against the developer the bank. And, that's why people don't want to loan for the condos and they don't want to build them. It's because the lawyers on year nine come and try to collect everybody to go sue to say something is wrong.

30:33 – 30:5710

We've to find something is wrong and collect the money. And that's why the market has gone down on condos and everybody says, Well, let's do apartments instead. But, I think if you do the so, one of the strategies that I have always used when I built I know the city comes in and they do the evaluation of the structure and everything else. Right? They do the checking because they have to check everything.

30:58 – 31:2910

But I have a structural engineer, and I pay them a little bit extra to come in and check the work that has been done by the contractor. And with that, we're we're safe. I I did it before because I had little kids. So I had the structural engineer come in and says, I know the city's gonna check it, but you I paid you to do the structure. Come in and check everything out. And he found this and this, and we we need something else over here. And then he said the the architect the builder said, no. I I don't see it. And he said, look. If you look here oh, okay.

31:29 – 31:5710

So, what I do is I ensure myself that I know that that building will be there ten years or more. And that's and I did it I learned that because I had little kids when I did remodeling and all that. And now, I don't mind paying that extra money to the structural engineer to be safe. And then, the city comes in, and they also check it. But, I paid the structural engineer to come in and make sure that that is gonna be safe for whoever's in there.

31:593

Okay. I will accept that. One last question. Do we have a tentative start or completion date that you're hoping to jump into this?

32:06 – 32:2910

Depends how quickly we can get through the city. So, have the design has been approved, as you guys know. The grading has been approved pending PG and E to get us. And, what you saw there was Kathleen. When we started the project, PG and E said, It's okay to put transformers on the street or on the sidewalk.

32:30 – 33:1210

And Kathleen was is trying to get that to be the code and all that. But PG and E so far has said, no. We want the transformers inside the building. So we had to make some adjustments, but the grading permit is approved. Then, where we're spending our time now, it is on the construction permit, to make sure that all the details are there and the structural piece is all there because we've had to make some changes to put that transformer room in the garage. But, when you ask me when is the start date, I would say, if all goes well, hopefully in the summer or the end of the summer, we can get going on the project.

33:123

Okay. And you expect it to be about a year's worth of work or something like that?

33:1610

Yeah. I would say, yeah, a year's worth of work to do the whole structure. And then, inside, there may be some finishes, three or four months, possibly.

33:253

Okay. Thank you very much.

33:2610

Thank you.

33:273

I have no more questions. Thank you.

33:290

Thank you. Commissioner Yorickov?

33:32 – 33:507

Just a couple from me. Thank you, by the way, for staff answering my many, many questions. Just want to put that on the record. Really appreciate it. Ahead of the meeting. Just confirming, I've heard both 40% AMI and 50% AMI for the affordable unit. Is it 40%? Sorry to make you get up.

33:52 – 34:086

Okay, so very low income ranges from 30 to 50. So it's up to 50%, but what we would do is target 40% in order to create like more affordability for the unit, create a bigger pool of potential applicants.

34:087

Okay. But the restriction itself is at 50% AMI? That's

34:116

the That would be the yeah, but we'd be marketing at and looking at the pool, trying to cap it at 40% AMI because it's within that range.

34:197

Okay. Perfect. Thank you. Then it sounds like the applicant's previous building permit has lapsed and so they'd be obtaining a new one, correct?

34:28 – 34:454

I don't think that it's actually lapsed, but it's on hold right now. But the grading permit, Kathleen, has been processing their grading permit, and I believe it's close to being ready to issue. Kathleen, do you want to give the commission a quick status update on the grading permit application? Will

34:455

allow No. Them

34:454

That's the permit that enables them to break ground and start grading and digging trenches for utilities. Sorry, Kathleen.

34:53 – 35:388

No worries, Steve. Yeah, Horatio had mentioned that they were pretty close to getting the grading permit approved, and then he pivoted and decided to do condos. So that's been put on hold. We'll have to go back and revisit it to update it for the transformer relocation and get approved joint trench plans. And since it is now going this if the commission approves this and it becomes a ownership project, there are other requirements involved before he can before the developer can we can issue that permit. That is a subdivision improvement agreement and some bonds to ensure that the subdivision improvements are completed.

35:407

Great. Thank you. That's it for me.

35:420

You're welcome. Thank you. Any other commissioner questions? Commissioner Stevens.

35:50 – 36:2611

I just had one question. So the gentleman that just spoke, so this is a condominium, this is a subdivision for a condominium, correct? 14 unit condominium, that's what this is, right? And so you had mentioned that there's risk associated with condominiums in California because of potential lawsuits. Is the intent to create the 14 condominium units the separate pieces of property but then rent them initially and then sell them?

36:26 – 36:3711

Is it, okay. So when you were saying that you were saying that I use additional strategies to mitigate risk. Okay, thank you.

36:380

Commissioner Liu?

36:3912

May I just get the answer to Commissioner Stevens first question because they were out there and I couldn't hear what the answers were to the questions.

36:560

Can you push the button there just so it's on? Thank you.

36:59 – 37:2710

Yeah, the question was were we going to use the 14 units to rent them first and then convert them to condominiums? And the answer is no. We're we're gonna make we wanna make them condominiums from the beginning. And we would mitigate that risk of because why people don't wanna build the condominiums is because the lawyers come after them for after year nine so to get them on year ten. So we wanna make sure that they can't come after us on year ten.

37:27 – 37:5210

And and we feel comfortable by using these strategies that I mentioned that they won't have anything to come after. Maybe, you know, a refrigerator broke. You know, that's that's a minor thing versus the building, the structure is sinking or, you know, it's tilting. Those are things that affect people. Or, the elevator isn't working.

37:52 – 38:3210

Everything has to be vertical straight, perfect so that there are no lawsuits with regards to anything that would be major cost. But, little things like the dishwasher, some of that may last ten years and that's okay. It doesn't break the bank. It's the big things that you gotta be really careful, the structure, you know, the foundation, you know, everything that's around it, how you're getting rid of that water, which is exactly the the point, you know, that that in in Hayward and any anywhere else. Water can definitely break a foundation and mess up a building.

38:32 – 38:4310

We've seen it in San Francisco, the Millennium Building starting to tilt. Those are things that we have to mitigate. You for repeating

38:4312

yourself. Appreciate it.

38:4510

You're welcome.

38:5012

Thank you. I don't have any other questions.

38:52 – 39:190

Great, thank you. I just have one question and it's a follow-up question to one that was submitted before the meeting. It was about the change from it saying that there were gonna be studio units to one bedroom units. And I just wanted to know just for clarification, does that make any change at all to the parking requirements? Just to get that on the record, is there any impact at all to that?

39:19 – 39:504

No. There's no difference. They're they're both considered one person. A studio is slightly has slightly cheaper park impact fees. To me, that was my mistake in looking at the plans. I did inherit this project kind of midway through the process from another planner. And they looked like studios to me, but the architect and the developer have they're they're one bedrooms in their eyes. So if they that means they just have to pay a little bit more money in parking pack fees. But the parking requirements are no different.

39:50 – 40:200

Perfect. Thank you so much. Just wanted that on the record. Great. If there are no more commissioner questions then we will move on to I will close the public hearing and we will move on to public. Well, I won't close the hearing. Sorry. We'll move on to public comments. Miss Allen, are there any public comments in person or online? There are none. Okay. There are none. Now I will close the public hearing and we will move on to commissioner comments. And if anyone would like to make a motion. I'll make a motion.

40:22 – 40:3312

So I will move to approve the vesting tentative track mat and find that the project is categorically exempt from the California Environmental Quality Act.

40:362

I'll second that.

40:38 – 40:490

Okay. We have a motion and a second. Let's see. Yes, we have a motion and a second. So Ms. Allen will you please call roll.

40:511

Commissioner Goodbody absent. Commissioner Hammond.

40:561

Commissioner Lowe? Yes. Commissioner Myers?

41:021

Commissioner Stevens? Yes. Commissioner Yorgov? Yes. Chair Hardy?

41:07 – 41:260

Yes. So the motion passes, thank you. Our next item is the approval of the minutes of the Planning Commission meeting on 09/25/2025. Do we have a motion for approval?

41:2611

I would be more than happy to make a motion to approve those minutes. I'll second.

41:320

Great, we have a motion and a second. Miss Allen, will you please call roll?

41:371

Commissioner Goodbody absent. Commissioner Hammond?

41:411

Commissioner Lowe? Yes. Commissioner Myers?

41:451

Commissioner Stevens?

41:471

Commissioner Yorgov? Yes. Chair Hardy?

41:510

Yes. So now we will move on to our commission reports and first up is the oral report on planning and zoning matters.

42:00 – 42:435

Good evening commissioners. Hope everyone's doing well. I wanted to report that we do have two items that are tentatively scheduled for the next Planning Commission meeting, and they're both tentative maps. So you will get another opportunity to review very similar questions and concerns at that point. I also wanted to just kind of promote kind of a selfless promotion of our community event. The Hayward Library and the Hayward Promise Neighborhood will be sponsoring their very, very popular Trunk and Treat event this Saturday, October 25 in Heritage Park Plaza from eleven to three. It's free for anyone to attend and it's probably gonna be a lot of fun. So please come and join our wonderful safe event downtown Hayward. Thank you.

42:440

Thank you. Commissioner Myers?

42:48 – 43:253

Would like to echo that. My wife and I participate in the trunk or treat every year and we decorate my truck. So last year I made it about a 20 foot pirate truck. It was pretty impressive. And this year I've made about a 10 foot spider with about a 120 feet of large pipe for legs. So please come out and check out my hard work. Anyway, it's a lot of fun. There's thousands of kids and it's a it's a really awesome event. Oh, and I'm sorry. It is this Saturday from eleven to three. Rain or shine.

43:260

Are there any other commissioner announcements? Not seeing any. So with that our meeting is adjourned at ten, I'm sorry, it's 07:44PM.

43:406

Recording stopped.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.