MINUTES OF MEETING ALAMEDA COUNTY PLANNING COMMISSION SEPTEMBER 18, 2017 (Approved October 16, 2017) 224 West Winton Avenue, Room 111, Hayward

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1 MINUTES OF MEETING (Approved October 16, 2017) FIELD TRIP Time: Place: 1:30 p.m. 224 West Winton Avenue, Room 111, Hayward Note: The Planning Commissioners adjourned to the field at 1:30 p.m. to visit the property listed on the Regular Calendar below under Field Trip Report. The Commission reconvened at 6:00 p.m. for the Regular Meeting at 224 W. Winton Avenue, Public Hearing Room, Hayward. REGULAR MEETING CALL TO ORDER: The Chair called the meeting to order at 3:00 p.m. MEMBERS PRESENT: Commissioners Hal Gin; Jim Goff; Jeff Moore, Vice-Chair; Richard Rhodes, Chair and Larry Ratto and Andy Kelley MEMBERS EXCUSED: Commissioner Dimitris Kastriotis OTHERS PRESENT: Albert Lopez, Planning Director; Rodrigo Orduña, Assistant Planning Director; Andrew Young, Senior Planner; Heather Littlejohn, County Counsel s Office; Nilma Singh, Recording Secretary. There were approximately thirty-two people in the audience. PLEDGE OF ALLEGIANCE ANNOUNCEMENTS BY THE CHAIR: None OPEN FORUM: Open forum is provided for any members of the public wishing to speak on an item not listed on the agenda. Each speaker is limited to three (3) minutes. Prashanth Vasudev, Hampton Place HOA Boardmember, expressed storm drain issues. Staff will provide appropriate department contact information. Rebecca Mitchell, Avis Lane resident, expressed concerns re D Street -- traffic volume, and speeding; the need for a light/stop sign/speed bumps between Maud and Second Street. Staff indicated that this is also Public Works issue and noted the presence of Public Works staff. FIELD TRIP REPORT: Commissioner Gin provided a report. MEMBERS PRESENT: Commissioners Richard Rhodes, Larry Ratto, Hal Gin and Jim Goff MEMBERS EXCUSED: Commissioners Jeff Moore, Dimitris Kastriotis and Andy Kelley

2 PAGE 2 OTHERS PRESENT: Andrew Young, Senior Planner 1. ALLEN/DEBERNARDI DEVELOPMENT, SITE DEVELOPMENT REVIEW, PLN ~ Petition to construct a new 4,291 square foot residence with 1,050 square foot garage, retaining an existing 2,008 square foot residence as a secondary unit, in the A-CA (Cultivated Agricultural) District, located at 4779 Cross Road, north side, approximately 100 feet east of Tesla Road, unincorporated Livermore area of Alameda County, Assessor s Parcel Number: 099A D STREET INVESTMENTS, LLC - VESTING TENTATIVE TRACT MAPS 8296 AND 8297, PLN ~ joint petitions to subdivide a total of 9.78 acres on two sites, respectively containing 4.61 and 5.17 acres, to be subdivided into a total of 31 single family residential lots (16 plus 15 respectively in Tracts 8296 and 8297), in the R-1-B-E (Single Family Residential, with a combining B-E district overlay, specifying 10,000 square foot minimum building site area per lot) District, (located at 3231, 3247, 3289 and 3291 D Street, unincorporated Fairview area of Alameda County, with designated Assessor's Parcel Numbers (APNs): ; ; ; ; ; and Requested approval requires adoption of Findings of Significant Impacts pursuant to the California Environmental Quality Act (CEQA, Section 15091), certification of the Environmental Impact Report (EIR, including both the Draft EIR and the Final EIR/Response to Comments), and adoption of the Mitigation Monitoring and Reporting Program (MMRP). COMMITTEE REPORT: None APPROVAL OF MINUTES FROM PREVIOUS MEETINGS 3. APPROVAL OF COMMISSION MINUTES ~ July 10, 2018 Commissioner Ratto made the motion for an approval and Commissioner Gin seconded. Motion carried 4/0 with Commissioners Goff and Rhodes abstaining. CONSENT CALENDAR: There were no items REGULAR CALENDAR: 4. ALLEN/DEBERNARDI DEVELOPMENT, SITE DEVELOPMENT REVIEW, PLN ~ Petition to construct a new 4,291 square foot residence with 1,050 square foot garage, retaining an existing 2,008 square foot residence as a secondary unit, in the A-CA (Cultivated Agricultural) District, located at 4779 Cross Road, north side, approximately 100 feet east of Tesla Road, unincorporated Livermore area of Alameda County, Assessor s Parcel Number: 099A Staff Planner: Damien Curry Action Item Mr. Orduña presented the staff report.

3 PAGE 3 Public testimony was called for. Jeff Debernardi thanked staff and in response to the Commission, confirmed that the construction time is one year. Public testimony was closed. Commissioner Goff made the motion to move staff recommendation for an approval and Commissioner Gin seconded. Motion carried unanimously, 6/0, with Commissioner Kastriotis excused. 5. D STREET INVESTMENTS, LLC - VESTING TENTATIVE TRACT MAPS 8296 AND 8297, PLN ~ joint petitions to subdivide a total of 9.78 acres on two sites, respectively containing 4.61 and 5.17 acres, to be subdivided into a total of 31 single family residential lots (16 plus 15 respectively in Tracts 8296 and 8297), in the R-1-B-E (Single Family Residential, with a combining B-E district overlay, specifying 10,000 square foot minimum building site area per lot) District, (located at 3231, 3247, 3289 and 3291 D Street, unincorporated Fairview area of Alameda County, with designated Assessor's Parcel Numbers (APNs): ; ; ; ; ; and Requested approval requires adoption of Findings of Significant Impacts pursuant to the California Environmental Quality Act (CEQA, Section 15091), certification of the Environmental Impact Report (EIR, including both the Draft EIR and the Final EIR/Response to Comments), and adoption of the Mitigation Monitoring and Reporting Program (MMRP). Staff Planner: Andrew Young Action Item Albert Lopez, Planning Director, introduced the project and with a powerpoint, discussed the aerial map, site plan, project highlights and noted that the applicant has requested modifications to the Conditions of Approval. Andrew Young, project planner, noted some key environmental issues and Mitigation Measures. Scott Gregory, Environmental Consultant, with a powerpoint, discussed the following: CEQA process; aerial photo; Contextual Site Plan; primary topics of concerns; construction period/effects; drainage; traffic; D Street safety concerns; changes in natural topography/consistency with Fairview Specific Plan; conflicts with policies/principles of the Plan, topography preservation, Alternative C and CEQA Findings. Marc Crawford, applicant, further discussed background information, public vs. private street, parking, EIR, density, compliance with the Specific Plan, lot sizes, grading, Alternative C and time frame. In response to the Commission, he further described the proposed grading for Lots 1& 2. Public testimony was called for. Dale Silva, Clover Road, expressed concerns re old streets not built for heavy traffic. Cindy Richardson, 3140 Atwal Ct, in opposition, discussed the Specific Plan and the lack of a structural/population density formula.

4 PAGE 4 Venette Feldstein, 2666 D Street, in opposition, voiced concerns re congestion and requested no weekend construction Mike Loss, 3260 Ohlone Way and also representing Carlson Court HOA, stated concerns re safety due to lack of sidewalks, traffic increase and turning lane from Fairview to D Street is limited to three cars. Don Stuchlite, 3303 D Street, expressed concerns re changes requested for COA #54 and 74 and access to existing neighbors and hospital. Chris Higgins, Madeiros, disagreed with the Applicant s attorney s letter re Condition # 59--it is a high fire zone; and, expressed concerns re inadequate FEIR comment period, traffic increase, # of residents per household, pedestrian safety and the need for sidewalks. Jewell Spalding, a Fairview resident, noted that she had submitted comments re DEIR on behalf of Sierra Club in March; expressed concerns re 12-day FEIR comment period (including a Draft Revised EIR) and requested a continuance to allow public comment; and, alternatively recommended a denial as the project was inconsistent with the Fairview Specific Plan (noted in the FEIR page 4-2). John Driscoll, Carlson Ct, also voiced traffic concerns and suggested perhaps a roundabout/stop sign. Sheila McClellan, 3270 Ohlone Way, concurred with the others re traffic concerns and suggested perhaps a temporary closure of the hospital during construction. Cathy Langley, a Maud Ave resident, spoke in opposition adding that she has organized a committee to work with Public Works re traffic calming measures and has submitted a petition. Max Martin, 3085 D Street, in opposition, noted that traffic figures are incorrect. Mark August, 3288 D Street, although in agreement with the traffic concerns, he supported the project as it fits the 10,000 sq. ft. minimum lot size and suggested no weekend construction. Roger de Ruig, 3355 D Street, said his property is adjacent to Lot 1 and discussed the easement (DEIR page 167) and his agreement with the Applicant. Public testimony was closed. Tam Win, Traffic Engineering Department, Public Works Agency, stated that PWA is currently working on Pedestrian/Bicycle Plan; explained collection of traffic data and methodology. A discussion followed. Public testimony was reopened. Rebecca Mitchell expressed concerns re hospital residents. Max Martin added that this project will negatively affect traffic during construction.

5 PAGE 5 Marc Crawford, in rebuttal, discussed the following: access will be provided to both adjacent properties in question and the hospital; reasons for modifications re COA#59 -- noted FEIR page 2-27; COA#29; in response to Mr. Ruig -- no changes in the agreement, both are secondary accesses; and, further discussed the remaining recommended modifications. Mr. Lopez concurred with the suggested modifications to Conditions #9, 25, 29, 41, 43, 52, 59 & 74(j). Commission discussion ensued re construction hours-no Sunday construction; bonding issue; lack of representative from the hospital; mitigation fee vs. sidewalk; $5,000 bond; Option C; and, Condition #26 alternative language. Arthur Valderrama, PWA, explained the reasons for this condition and Commissioner Moore suggested alternative language. A detailed discussion followed and Mr. Lopez provided further alternative language. Discussions continued re traffic flow issues and perhaps a D Street Traffic Subcommittee. The Chair summarized that staff has accepted the recommended modifications to Conditions 9, 25, 29, 41, 43-52, 59 & 74(j)- modified; #19 alternative language; #42 Lots 1 &2 split pads; #54 agreed by Applicant; #74(a) on Saturdays and no work on Sundays/no weekend work in public right of way. Commissioner Moore made the motion to certify the EIR, Commissioner Goff seconded, and the motion carried unanimously; Commissioner Moore made the motion to approve the MMRP, Commissioner Goff seconded and the motion carried unanimously; Commissioner Moore made the motion to approve Vesting Tentative Maps 8296 and including the EIR and the MMRP, Commissioner Goff seconded and the motion carried unanimously. Commissioner Kastriotis was excused. STAFF COMMENTS & CORRESPONDENCE: None CHAIRS REPORT: None COMMISSION ANNOUNCEMENT, COMMENTS AND REPORTS: The Chair recommended formation of a Transportation Subcommittee to explore parking, self-driving cars, electric cars...etc -- Commissioners Rhodes, Gin and Kelley. Commissioner Moore requested a subcommittee for D Street traffic issues to find a long term solution Commissioners Moore, Ratto and Goff. ADJOURNMENT: There being no further business, Commissioner Goff moved to adjourn the meeting at 9:40 p.m. Commissioner Gin seconded the motion. The motion was carried 6/0. ALBERT LOPEZ, SECRETARY COUNTY PLANNING COMMISSION OF ALAMEDA COUNTY