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SR 238 Hayward Bypass Program

This Project Has Been Completed

Project Location:
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  • Email: hayward238@dot.ca.gov


  • California Transportation Commission (CTC) Approval of the State Route 238 Local Alternative Transportation Improvement Program (LATIP):

    The California Transportation Commission approved last May 20, 2010, the proposed program of projects in the State Route 238 Local Alternative Transportation Improvement Program (LATIP), subject to no appeals being filed as to the final judgment of the Superior Court approving the settlement agreement prior to June 22, 2010, which is the end of the 60-day appeal period. This approval will make the projects eligible for funding from the sale of excess state-owned properties originally purchased for a freeway or expressway bypass to State Route 238 in the City of Hayward and in the County of Alameda. The sale of excess state-owned properties will commence later this year after the federal case is dismissed in Federal Court and the route rescission is approved by the Commission. Approval of Class Settlement:

    The Final Settlement Agreement was signed on December 17, 2009, by the tenant representatives, the City of Hayward and the Department of Transportation. The State Superior Court issued the final judgment approving the agreement on March 23, 2010, and notice of entry of judgment was completed on April 23, 2010. There is a 60-day period for the filing of appeals by class members who objected to the settlement agreement that expires on June 22, 2010. The Superior Courtís final judgment found that no objections had been filed, though two class members submitted written inquiries and statements about the settlement. At this time, the California Department of Transportation (Department) has not received any indication of interest in an appeal from anyone. If no appeals are filed, the LATIP is final, and identified projects can be delivered.

    Additional reference:

    PDF Copy of Handouts at the September 28, 2009, Community Meeting of 238 Corridor Residential Tenants

    Presentation to the California Transportation Commission (December 9, 2009):

    Caltrans staff presented to the California Transportation Commission (CTC) an overview of the Route 238 Hayward Bypass, its history, settlement agreement and the process and schedule towards obtaining court approvals and actions. Alameda County Congestion Management Agency (ACCMA) staff also presented the Central Alameda County Local Alternative Transportation Improvement Program (LATIP). The LATIP is a prioritized list of projects on the same highway system ((i.e., I-238, I-580, and I-880) that would have benefited from the Hayward Bypass. Funding for the LATIP is proposed from sale of lands originally purchased for the now abandoned Hayward Bypass.

    A copy of the LATIP submittal dated November 2, 2009, as information materials is Here PDF.

    CTC also approved the "Notice Of Intent (NOI) to Consider Rescinding Freeway Adoption (Hayward Bypass)". Caltrans is proposing to rescind the adopted freeway covering the previously approved freeway alignment on State Route 238 known as the Hayward Bypass. The limits are from Industrial Parkway to Interstate Route 580 in the City of Hayward, in Alameda County. The rescission of the freeway adoption will allow Caltrans to sell parcels of land originally purchased for construction of the Hayward Bypass to local government agencies or other interested parties. Caltrans District 4 (Bay Area) is now in the process of notifying local and regional agencies of its proposed action through letters and newspaper advertisement announcing the availability of the Caltrans report and request for comments. Copy of the report can be obtained Here.

    Motion for Preliminary Approval of Class Settlement:

    The courtís December 29, 2009 ruling is one of the required procedural steps in the class action necessary to effectuate the settlement reached by the tenant representatives, the City of Hayward and the Department of Transportation for the disposition of right-of-way acquired for the SR 238 freeway project in the early 1970ís and resolution of long-standing legal issues and actions relating to those properties. The settlement agreement, which was presented to the Departmentís residential tenants in the freeway corridor on September 28, 2009 consists of three programmatic elements: (1) monetary and other assistance to all eligible Corridor tenants, (2) 237 new, low-income housing units, and (3) a home purchase program for eligible Corridor tenants currently renting eligible detached single family residences.

    The settlement agreement contemplates court approval of the settlement terms through the mechanism of a Superior Court class action. The courtís order provisionally certifies the class and preliminarily approves the settlement agreement. Notice to class members and other steps toward obtaining final court approval of the settlement agreement will follow.
    Project Description: Construct a 5.3 mile long 4-lane expressway on new alignment east of existing SR 238 from the SR 238/I-580 Separation to Industrial Parkway in the City of Hayward and unincorporated areas of Alameda County

    Current Status: The Department purchased these properties many years ago for the proposed Hayward Bypass project. After years of study and planning, involving various alternative designs, the community decided that the Bypass project will not be constructed. As a result, the Department no longer needs the land acquired for the project. In cooperation with elected officials, our local agency partners and members of the community, we are in the first stage of determining what will happen to these properties.