The Hayward City Planning Commission on Oct. 23 approved a vesting tentative tract map to subdivide a previously approved 14-unit multifamily building into condominiums at 1289 Russell Way, and found the project categorically exempt from the California Environmental Quality Act under CEQA Guidelines §15332.

Senior Planner Steve Kowalski presented the application, saying the 0.15-acre property had an approved site plan and density bonus in 2023 for a three-story, 14-unit building and that the current action before the commission was limited to the tentative condominium subdivision map (tract no. 8762). Kowalski said the prior approval included one for-sale unit affordable to very-low-income households and that, under state and city density-bonus laws, the applicant used a concession to reduce required parking from 17 spaces to seven.

Kowalski said the approved building design features a ground-floor, seven-space parking garage, a separate elevator lobby inside the garage, bike parking, and 14 residential units on the two upper floors; unit sizes range from about 484 to 560 square feet. He said no physical changes to the previously approved plans were proposed with the tentative map, and staff recommended approval subject to findings and standard conditions.

Applicant Horacio Wolcott, owner of W R, LLC, who was present with the design team, told the commission the units would be condominiums from the outset. “We want to make them condominiums from the beginning,” Wolcott said, adding the team has used independent structural review and other measures to reduce long-term liability risks developers have cited for avoiding condo projects.

Commissioners pressed staff and the project team on several practical issues. Commissioner Hammond asked about emergency egress for the ADA unit and whether the project would include smoking prohibitions; staff answered that the building provides two means of egress (an elevator at one end of the corridor and an emergency stair at the other) and that Hayward does not have a multifamily smoking ban applicable to this project. Housing planner Leah Schmidt said the income-restricted unit will be marketed to households at or below 50 percent of area median income (AMI) but that staff intends to target 40 percent AMI to broaden eligibility for applicants.

Engineering and construction questions were addressed by Kathleen Tarantia, senior development services engineer, and civil engineer Oscar Asuna. Tarantia described stormwater handling that ties roof leaders to perimeter storage and outfalls to the street with infiltration trenches at the sides; she said the compact site required careful design to limit runoff rates. Asuna said the project will implement an erosion-control plan with best-management practices during construction to protect the nearby creek.

Kowalski and the applicant confirmed three on-site trees (and two immediately off-site) will be removed for the building footprint; because replacement on site is infeasible, the applicant will pay a tree-mitigation fee. The applicant said earlier removals were authorized under the original 2023 approvals due to hazardous tree conditions and that replacement plantings were directed to city parks at that time.

Staff noted the project was previously entitled (site plan and density bonus approved Nov. 3, 2023) and that grading and building-permit applications filed in December 2023 and September 2024 were paused while the applicant sought the vesting tentative tract map. The grading permit will need updates for the transformer-room relocation and joint trench plans if the subdivision map is finalized; staff said the applicant must also execute a subdivision improvement agreement and post bonds before permit issuance.

Commissioners also discussed parking and transit: staff said Russell Way and adjacent blocks contain street parking within a block or two of the site and that AC Transit operations are outside the city's control, though the city meets with AC Transit quarterly. On utility placement, the applicant said PG&E currently prefers transformers inside the building, which required design adjustments to create a transformer room in the garage.

Chair Hardy moved to approve the vesting tentative tract map for tract no. 8762 and to find the project categorically exempt under CEQA Guidelines §15332; Commissioner Hammond seconded. The motion passed by roll call: Hammond—yes; Lowe—yes; Myers—yes; Stevens—yes; Georgoff—yes; Chair Hardy—yes. Commissioner Goodbody was absent.

The subdivision approval will allow the developer to form a homeowners association, record covenants, conditions and restrictions and sell individual condominium units; the HOA will be responsible for maintenance of common areas and building systems. Staff recommended conditions remain in effect as listed in the staff report, including payment of tree-mitigation fees and completion of subdivision improvement requirements prior to final map recordation.

The commission also approved the meeting minutes for Sept. 5, 2025, and heard a short commission report about upcoming tentative-map items and a city-sponsored trunk-or-treat event at Heritage Park Plaza the weekend following the meeting.

What the commission decided: it approved the vesting tentative tract map (tract no. 8762) for the 14-unit condominium at 1289 Russell Way, certified a categorical exemption under CEQA Guidelines §15332, and directed standard follow-up steps (subdivision improvement agreement, bonds, and permit updates) before issuance of construction permits.