Hayward planning commission recommends council approve rezoning for 3‑unit condominium at 477 Harris Road

The Hayward City Planning Commission on May 8 voted 6‑0 to recommend that the City Council approve a proposal to demolish an existing detached home and build three three‑story condominium units at 477 Harris Road.

Taylor Richard, associate planner with the City of Hayward Planning Division, told the commission staff "recommends that the planning commission recommend that the city council approve the proposed project as shown in attachment 1 based on the draft findings in attachment 2 and subject to the recommended conditions of approval in attachment 3." The application requests a zone change from low‑density residential (RL) to medium‑density residential (RM), a vesting tentative map and site‑plan review.

The project site is a 0.22‑acre parcel in the Harder‑Tennyson neighborhood near Tyrell Elementary, Cesar Chavez Middle School and the South Hayward BART station. The developer proposes a three‑story building (28 feet tall) with three condominium units, each a four‑bedroom unit ranging from 2,458 to 3,391 square feet. Each unit would include a two‑car garage and the project shows one uncovered visitor parking space on site. Staff reported the proposed density is about 13.6 dwelling units per net acre, which falls within the Hayward 2040 General Plan’s medium‑density residential range (8.7–17.4 du/net acre).

Why it matters: the commission’s recommendation moves the project to the City Council for final action; if approved by council and the developer proceeds to building permits, the project would add three market‑rate condominium units in an area the city designates for increased residential density.

Commission discussion focused on neighborhood impacts and required project details. Commissioner Hammond said shadowing on adjacent properties was her “biggest concern,” noting commissioners’ review showed the building would cast extended morning shade on the western neighbor. Richard said staff’s standard conditions and the city’s general‑plan environmental review support the finding that the subdivision is not likely to cause substantial environmental damage; he added the parcel is already developed and staff does not expect habitat impacts.

Michael Ryan, the project architect, described the building orientation changes that produced the current design and said certain rooftop or facade elements were intended as sunshades: "basically, it's a sunshade device that we put there." Ryan said he would revisit the north elevation and could add windows or other enhancements to reduce the facade’s stark appearance.

Tree preservation and replacement were repeatedly discussed. Commissioners asked about a protected sycamore on the site; Richard said the project’s arborist report (from the original 2020 application) characterized that sycamore as in poor condition and therefore assigned a low value. The staff report notes the applicant would plant six new street trees and upsize three street trees (to larger 36‑inch boxed trees) along the property frontage to mitigate the loss. Richard confirmed the arborist report was not included in the staff packet but was referenced; he said staff omitted the older report to avoid confusion because the application plan set had changed since 2020.

Other items commissioners raised: Commissioner Myers thanked the project team for providing two off‑street parking spaces per unit plus a visitor stall, calling the additional parking "much appreciated." Commissioners also asked about outreach; Richard said mailed notices are in English but recipients can contact the planner to request translation services. The staff presentation and several commissioners noted the project is exempt from additional CEQA review because the rezoning is consistent with the Hayward 2040 General Plan EIR and because the project falls under CEQA exemptions for small new construction (CEQA Guidelines §§15303) and minor land divisions (§15315).

Staff and the architect also clarified several implementation points: placement of solar arrays will be reviewed at the building‑permit stage and must meet the California Building Code and the local reach code; fence construction along property edges is proposed to be paid by the developer and the project team said neighbors would have input on fence design; and money from the city’s affordable‑housing in‑lieu fund would come from future deposits if developers choose to pay the in‑lieu fee rather than provide on‑site affordable units.

Action and next steps: Commissioner Stevens moved to recommend approval and the commission approved the motion on a 6‑0 roll call vote (Commissioner Franco Clausen absent). The recommendation forwards the zone change, vesting tentative map and site‑plan review to the City Council, which will consider final approval at a later date. Staff said it would provide a follow‑up on the current balance and recent activity of the in‑lieu affordable housing fund at a future commission meeting if requested.

The commission received no public comment on the item during the hearing. The project record will proceed to City Council for final consideration; any council decision and subsequent building permits will determine whether and when construction begins.