January 2023
Oakland, California 94612
449 15th Street
Rincon Consultants, Inc.
prepared with the assistance of
Hayward, California 94541
777 B Street
Planning Division, Department of Development Services
City of Hayward
prepared by
(2023-2031)
Hayward Housing Element
Appendix D – Housing Constraints
ATTACHMENT IX
Table of Contents
i
T
able of Contents
1 Housing Constraints
........................................................................................................................ 1 1.1
Summary of Local Housing Constraints
.............................................................................. 1 1.2
Non
-
Governmental Constraints
.......................................................................................... 2 1.2.1
Land Cost
............................................................................................................ 2 1.2.2
Construction Cost
............................................................................................... 4 1.2.
3 Availability of Financing
...................................................................................... 7 1.2.4
Construction Financing Timing
........................................................................
12 1.2.5
NIMBYism & Other Challenges to Development
.............................................
13 1.3
Governmental Constraints
...............................................................................................
13 1.3.1
Land Use Designations
.....................................................................................
13 1.3.2
Zoning Ordinance
.............................................................................................
16 1.3.3
Building Code
...................................................................................................
39 1.3.4
On
-
and Off
-
Site Improvements
......................................................................
41 1.3.5
Historic Preservation
.......................................................................................
42 1.3.6
Development Review & Impact Fees
...............................................................
43 1.3.7
Permit Procedures and Processing Timeframes
..............................................
51 1.3.8
Design Guidelines
............................................................................................
62 1.3.9
Housing for
Special Needs Populations
...........................................................
63 1.3.10
State Tax Policies and Regulations
..................................................................
65 1.4
Environmental Constraints
..............................................................................................
65 1.4.1
Federal and State Environmental Protection Regulations
..............................
65 1.4.2
Geologic and Seismic Hazards
.........................................................................
66 1.4.3
Wildfire
............................................................................................................
67 1.4.4
Flood, Tsunami, and Sea Level Rise Related Hazards
......................................
67 1.4.5
Excessive Noise
................................................................................................
68 1.4.6
Hazardous Materials
........................................................................................
68 1.5
Infrastructure Constraints
................................................................................................
69 1.5.1
Sewage Collection and Disposal
......................................................................
69 1.5.2
Water Service
...................................................................................................
70 1
.5.3
Storm Drains
....................................................................................................
71 Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
ii
Tables
Table D-1 Summary of Residual Land Value Analysis ..........................................................................3 Table D-2 Residential Land Sale Comparables (2015-2017), Hayward ...............................................4 Table D-3 Summary of Findings from Traffic Impact Fee Study ..........................................................5 Table D-4 Summary of Findings from Park Development Fee Feasibility Study .................................5 Table D-5 Construction Costs for Affordable Development Projects ..................................................6 Table D-6 Affordability Gap Calculation ..............................................................................................7 Table D-7 Mortgage Approvals by Race/Ethnicity, 2011–2017 ....................................................... 10 Table D-8 2020 Home Mortgage Disclosure Act Data in Alameda County and Hayward ................ 11 Table D-9 Median Home Value Comparisons .................................................................................. 12 Table D-10 Hayward 2040 General Plan Land Use Designations, Uses and Densities ....................... 15 Table D-11 Downtown Specific Plan Zoning Designations ................................................................. 18 Table D-12 Mission Boulevard Form Based Code Residential Designations ...................................... 18 Table D-13 Zoning Use Matrix for Residential and Commercial Districts .......................................... 19 Table D-14 Specific Plan Zoning Use Matrix ....................................................................................... 20 Table D-15 Hayward Development Standards ................................................................................... 27 Table D-16 Airport Safety Compatibility Zones Residential Development Standards ....................... 31 Table D-17 Parking Requirements by Residential Use Type .............................................................. 37 Table D-18 Parking Requirements by Zoning District ......................................................................... 38 Table D-19 Development Review Associated Fees ............................................................................ 44 Table D-20 Sewer and Water Fees ..................................................................................................... 47 Table D-21 Park Fees .......................................................................................................................... 48 Table D-22 Permit Fees for a Typical Unit .......................................................................................... 50 Table D-23 Planning Review and Processing Times, 2021 ................................................................. 61 Table D-24 Development Review, 2021 ............................................................................................. 62 Figures
Figure D-1 Mission Boulevard Code (Map 1 of 2) .............................................................................. 33 Figure D-2 Mission Boulevard Code (Map 2 of 2) .............................................................................. 34 Figure D-3 Development Process and Approval Timelines ............................................................... 60
Housing Constraints
1 1
Housing Constraints
Constraints to the
development
of adequate and affordable housing
include
market, governmental,
infrastructure, and environmental factors. These constraints may result in housing that is not affordable to low
-
and moderate
-
income households
and
may render residential construction
econo
mically infeasible for developers. Constraints to housing production significantly impact households with low and moderate incomes and special needs.
According to Government Cod
e Section
65583, local governments are required to analyze
governmental and non
-
governmental constraints to the production, maintenance, and improvement of housing for persons of all income levels and those with special needs and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement,
and development of housing as part of housing elements update. Where constraints to housing production
are
related to the City’s regulations or land use controls
, the City must
identify
appropriate programs to mitigate these constraints, particularly ones
that impact the
production of affordable housing or housing for special needs populations .
The following chapter outlines non
-
governmental, governmental, environmental and
infrastructure
constraints and was used in the development of specific policies and a
ctions included in the Housing
Plan to remove barriers to housing and to incentivize housing production, specifically targeting housing production at all income levels and housing for persons with special needs.
1.1 Summary of Local Housing Constraints
The cost of developing housing including land costs and construction costs are rising rapidly.
There is a lack of federal,
state,
and local funding and the funding that is available is incre asingly
competitive
. The time and effort needed to
identify, compete for, and
layer affordable housing
funds is a major constraint to development of
affordable
housing.
Hayward’s housing
affordability gap
,
the
difference between the cost to build housing
and the
communities ability to pay for housing
(see
Table
D-6
),
ranges from $170,200
for
low-income
rental housing
to $278,200
for
extremely low
-
income
rental housing
and $172,400 for moderate
income ownership housing
, indicating a financial constraint to the development
of affordable
housing units.
Loan denial rates were higher in Hayward compared to Alameda County
as a whole
.
Approximately nine percent of
government
-
backed loans and nine percent of conventional
loans were denied in Hayward. The percentages of loans denied in the broader Alameda County were lower in comparison, where about four percent of government -
backed loans and seven
percent of conventi
onal loans were denied. The higher denial rate in Hayward indicates a financial constraint to purchasing a home
which puts higher pressure on the rental markets
.
Hayward
’
s development
regulations
allow for a variety of densities throughout the City and development standards are sufficiently flexible to not pose a constraint to development.
However, use permit regulations for small group homes in certain zoning districts could pose a constraint to
housing for individuals with special needs.
Hayward’s development review and impact fees are in line with the region. While any fee pose s
a constraint to development, fees used to review
, approve
,
and inspect new development
projects and impact fees used
to construct
and upgrade roadways, bicycle
,
and pedestrian
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
2 facilities, to upgrade and install utility infrastructure, and to build, expand, and maintain parks, schools and affordable housing are essential to provide safe, equitable, and livable places. Environmental concerns pose constraints that can be generally mitigated through design or limitations on operations. However, the ongoing draught will likely pose a major constraint to future development due to lack of water supplies for new development.
1.2 Non-Governmental Constraints
The availability of housing is affected by a complex set of interrelated market factors including but limited to: cost of land, cost of construction, and availability of financing. These factors contribute to determining a new home’s sale price or the rents required to make a project feasible. Non- governmental constraints include factors outside of direct governmental control that directly impact housing price. The cost of construction and the availability of financing contribute to the cost of housing and can hinder the production of affordable housing. The following analysis accounts for these non-governmental constraints. Programs included to address identified market constraints are located in Chapter 6, Housing Plan.
1.2.1 Land Cost
Developable land is expensive throughout the inner Bay Area. In Hayward, land is expensive primarily due to its close proximity to job centers (San Francisco, Oakland, and San Jose), high- quality access to transit through BART, and a general high demand for housing in a desirable location. Residential projects must fetch high sales prices or rents to justify the high cost of purchasing land in addition to other development costs to maximize the developer’s return on investment. The inner Bay Area also has limited land suitable for development, which when combined with high market demand for housing, can also drive up the cost of land.
Hayward’s 2017 Residential Nexus Analysis Report1 includes a feasibility analysis for new residential projects which estimates whether sales prices or rental income would generate a sufficient profit margin over the development costs. The analysis compared residual land values with land costs in the current market to test whether developers could afford to buy land and develop projects in Hayward from 2015 to 2017. If residual land values were equal to or higher than market land values, then the projects are generally feasible.
Market conditions can change from year to year, and the COVID-19 pandemic introduced many new, untested factors into the market, but the study found that in during 2015 to 2017, residual land values ranged from $1.32 million per acre to $2.17 million per acre (see Table D-1), while relevant land sale comparables generally ranged from $922,000 per acre to 2.07 million per acre (see Table D-2). The analysis concluded that single-family detached, townhome/attached, and apartment prototypes (including projects which paid the in lieu fee to meet the City’s inclusionary requirement) were generally feasible at the time. The stacked flat condominium prototype was the only prototype that did not appear to support a land value in line with market transactions.
1 Summary, Context Materials and Recommendations Affordable Housing Ordinance Update, Keyser Marston Associates. October 21, 2017. Available: https://www.hayward-ca.gov/sites/default/files/documents/Final-Report-Residential-Nexus-Analysis.pdf Housing Constraints
3 Table D-1 Summary of Residual Land Value Analysis
Prototype
Single Family Detached
Townhome/Attached
Condominiums
Apartments
Acreage
2.0 acres
2.0 acres
2.0 acres
2.0 acres
Total Units
20 units
40 units
100 units
120 units
Density
10.0 du/ac
20.0 du/ac
50.0 du/ac
60.0 du/ac
Average Unit Size
2,500 sq.ft.
2,000 sq.ft.
1,000 sq.ft.
900 sq.ft.
Development Costs
$/unit
$/unit
$/unit
$/unit
Land Acquisition
$0
$0
$0
$0
Directs
$462,500
$400,000
$332,500
$296,300
Indirects
A&E
$28,000
$20,000
$13,300
$11,800
Affordable Housing Fee
$11,600
$7,800
$3,900
$3,300
Other Fees & Permits
$52,500
$42,000
$35,000
$31,500
Taxes/Insurance/Legal
$37,500
$37,500
$15,000
$6,700
Sales & Marketing
$12,500
$10,000
$7,500
$5,000
Administrative/Other
$18,500
$16,000
$16,600
$14,800
Financing
$33,800
$26,400
$19,900
$12,400
Total Costs Excluding Land
$656,900
$559,700
$443,700
$381,800
Residual Land Value
$/unit
$/unit
$/unit
$/unit
Sales Price/Monthly Rent
$950,000
$800,000
$590,000
$2,800
$/
sq.ft.
$380
$400
$590
$3.11
Net Supported Investment
1 $802,500
$637,400
$470,100
$418,000
(Less) Costs Excluding Land
($656,900)
($559,700)
($443,700)
($381,800)
Residual Land Value/Unit
$145,600
$77,700
$26,400
$36,200
Land Value/Acre
$1,456,000
$1,554,000
$1,320,000
$2,172,000
Land Value/Land SF
$33
$36
$30
$50
1 Net Supported Investment after sales commissions and profit margin with for -
sale prototypes; after vacancy, operating
expenses
, and
profit margin for apartment prototype
Du/ac = dwelling unit per acre
Sq.ft = square feet
Source: Summary, Context Materials
And Recommendations Affordable Housing Ordinance Update, Keyser Marston Associates.
October 21, 2017. Available: https://www.hayward-
ca.gov/sites/default/files/documents/Final
-
Report
-
Residential
-
Nexus
-Analysis.pdf
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
4 Table D-2 Residential Land Sale Comparables (2015-2017), Hayward Address
Sale
Date Acres
Proposed
Units
Dwelling
Unit per
Acre Sale Price
$/Acre
(rounded)
$/Unit
(rounded)
22471-22491 Maple Ct Jul-16 0.60 44 73.1 $1,950,000 $3,239,000 $44,300 Mission Seniors Mar-16 5.13 203 39.6 $6,500,000 $1,267,000 $32,000 27794 Mission Blvd Jun-16 0.24 9 38.2 $400,000 $1,699,000 $44,400 21339 Oak St Jul-16 1.66 58 35.0 $2,050,000 $1,238,000 $35,300 25501 Mission Blvd Jun-17 7.64 237* 31.0 $15,800,000 $2,068,000 $66,700 228369 Watkins St Nov-15 0.27 6 22.5 $500,000 $1,878,000 $83,300 24755 O’Neil Ave Nov-15 0.80 16 20.1 $735,000 $922,000 $45,900 396 Grove Way Oct-15 0.44 5 11.4 $500,000 $1,148,000 $101,000 1332 E St Jun-17 0.21 2 9.6 $240,000 $1,148,000 $120,000 *includes 97 “guest rooms”
Due to the age of this Nexus Study and the fluid nature of market conditions and uncertainties resulting from the COVID-19 pandemic, the market analyzed through this report might not accurately reflect today’s housing market. For example, more recent nexus studies which include the Hayward 2022 Multimodal Intersection Improvement Plan & Nexus Study (2022) and the Parks Development Impact Fee Nexus Study (2019), indicate that mixed use multi-family development showed negative residual land value at the estimated construction costs, lease rates and market prices. Despite the dated information, comparisons between housing types can still inform feasibility.
The land sales in the Residential Nexus Study occurred in 2015 and 2016, thus the values for the comps would be higher today after accounting for land value appreciation. Accordingly, as of May 2022, recent sales of vacant land in Hayward averaged $2.5 million per acre. 2 The price of land
varies depending on a number of factors, including size, location, environmental constraints, the number of units allowed on the property, and access to utilities. However, general trends demonstrate that the cost of land can be a constraint to housing in Hayward.
Developed residential, commercial, and industrial properties that are zoned for residential uses can also be redeveloped with new housing developments; however, redevelopment costs are higher than the cost to develop vacant land (See 1.2.2 below).
1.2.2 Construction Cost
Direct construction costs are the labor and material costs required to build a project and are a major contributor to the overall cost of construction. In 2021, the Bay Area is one of the most expensive U.S. markets to build in, particularly for affordable housing as discussed in this section. Increasing costs are attributed in large part to continued labor and materials shortages from the COVID-19 pandemic.3
Impact fee feasibility studies analyze the cost of construction and the effect an additional fee would have on construction. This analysis makes use of the City’s 2022 Multimodal Intersection
2 Hayward, CA Real Estate & Homes for Sale, Realtor.com. Accessed May 23, 2022. 3 Turer & Townsend, International construction market survey 2021. Accessed May 24, 2022. https://www.turnerandtownsend.com/en/perspectives/international-construction-market-survey-2021/ Housi
ng Constraints
5 Improvement Plan & Nexus Study
(2022) and the Park
s Development
Impact
Fee
Nexus Study &
Feasibility Analysis (2019). While the park fee materials are older, the analysis is informative with the understanding that costs have only increased further due to the pandemic and associated labor and materials shortages. Both s
tudies analyzed the feasibility of different types of residential development (townhouse and multifamily)
.
Residual land value (RLV) is a common measure of feasibility. In a pro forma analysis of project feasibility, RLV is the amount of funds available f
or land acquisition once project costs (construction
and permitting and development fees) are subtracted from potential revenues (rent or sales prices).
Higher RLV means more profit for developers. Higher profits for investors can result in a positive spir
al that could attract additional investments and additional funds from residential developments can be invested in new housing developments
.
As shown on
Table
D-3
, th
e
traffic impact fee study found that both the townhome and multifamily prototypes resulted in negative residual land value, challenging new development. In the model, slight changes in assumed developer returns (higher sales or rent prices) were sufficien t to generate
positive RLV.
Table
D-3 Summary of Findings from Traffic Impact Fee Study
Prototype
Summary of Findings
Townhome Prototype (30 3
-
bedroom for
-
sale units)
RLV is slightly negative at
-
$25 to
-
$50 per square foot.
Slight changes to assumed developer return is sufficient to generate a positive RLV.
Higher sales prices (mid
-
$500 per square foot) offset high construction and land costs.
Multifamily Prototype (150 1
-
and 2
-
bedroom rental units)
RLV is slightly negative at
-
$5 to
-
$80 per square foot. Slight changes to assumed
developer return is sufficient to result in positive RLV.
Multifamily housing markets have been affected more than other housing types by the COVID
-
19 pandemic (vacancy rates and tenant protections keeping rents lower than the market). Multifamily development also faces high land prices and high construction costs.
Generally, the park fee study found that feasibility is far more sensitive to changes in construction costs t
han other factors (e.g., City permitting costs and fees). A small decrease in construction costs results in a significant increase in RLV. Findings of the Park Development Fee Feasibility study are shown on
Table
D-4
.
Table
D-4 Summary of Findings from Park Development Fee Feasibility Study Prototype
Summary of Findings
Townhome Prototype (100 3
-
and 4
-
bedroom for
-
sale units)
Positive RLV
achieved with sales prices of around $391 to $476 per square foot (about $762,000 for a three
-
bedroom unit and $821,000 for a four
-
bedroom unit)
Multifamily Prototype (6
stories, ground floor retail,
upper 5 stories rental units)
Positive RLV when
rent for one
-
bedroom apartment exceeds $2,438
Single
-
Family Subdivision
Prototype (100 detached, for
-
sale homes)
Positive RLV achieved with sales prices of about $420 (three -
bedroom unit) and $415
(four
-
bedroom unit) per square foot (about $882,000 for a
three
-
bedroom unit and
$1,204,000 for a four
-
bedroom unit).
Current market
-
supported sales prices for new three
-
and four
-
bedroom detached
homes in Hayward range from about $385 to $500 per square foot.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
6 The cost of construction also depends on the condition of the site. Non-vacant parcels are more expensive to develop due to potential additional costs to clear a site for redevelopment. Where redevelopment is occurring on sites containing lower-income housing, local, state, and federal policies relating to relocation and replacement housing result in additional costs. Depending on the existing improvements that must be removed to redevelop a site, the total cost to acquire a parcel, relocate occupants, demolish existing structures, and possibly mitigate hazardous materials increase costs associated with development, which pose a significant constraint for redevelopment at prices affordable to most of the community.
Construction Costs for Affordable Units
Trends that increase construction costs for market-rate development impact affordable housing to a higher degree. According to the Terner Center, the average cost per unit of housing constructed using 9% Low Income Housing Tax Credits increased from $411,000 to $480,000—a 17 percent increase. Additionally, cost per square foot has risen from $451 per square foot in 2008 to $700 per square foot in 2019—a 55 percent increase.
4 Table D-5 shows the construction costs for three multi- family 100 percent affordable development projects in Hayward that have received City funding.
The average cost per square foot of these projects is $806. Recent articles related to development of affordable housing in the Bay Area shows that some projects are topping $1 million per unit. 5 Rising construction costs lead to higher subsidies required to build affordable housing, with housing affordable to the lowest-income households requiring the highest level of subsidy. Subsidies from the 9% tax credits program typically cover 70 percent of a developer’s costs, while 4% tax credits typically cover 40 percent.
6 Table D-5 Construction Costs for Affordable Development Projects Project Bedrooms Cost per Unit Cost per Gross Square Foot Project 1 Studio-3 bedroom $603,966 $450
Project 2 (under construction) Micro Units $588,748 $1,050 Project 3 1-2 bedrooms $783,368 $919
*Data from Hayward Housing Division based on pro forma costs related to affordable housing developments under construction or nearing construction, 2022
Hayward’s 2017 Residential Nexus Analysis established an affordability gap based on the total development cost for two affordable housing unit prototypes, the available permanent financing, and estimated the unit value based on restricted rent or sales prices. The affordability gap (Table D-6) ranges from $170,200 to $278,200, indicating a financial constraint to the development of affordable housing units. While the data from this 2017 analysis is old, the analysis above demonstrates that costs have increased since 2017, and therefore the affordability gap has continued to grow since 2017.
4 The Cost of Affordable Housing Production: Insights from California’s 9% Low-Income Housing Tax Credit Program. March 2020.
Available: https://ternercenter.berkeley.edu/wp-content/uploads/2020/08/LIHTC_Construction_Costs_2020.pdf 5 Los Angeles Times. Affordable housing in California now routinely tops $1 million per apartment to build. June 2022. Available:
https://www.latimes.com/homeless-housing/story/2022-06-20/california-affordable-housing-cost-1-million-apartment 6 City of Hayward Housing Division, 2022.
Housing Constraints
7 Table
D-6 Affor
dability Gap Calculation
7 Unit Value/Affordable Sales Price
Development Cost
Affordability Gap
Affordable Rental Units
Extremely Low (Under 30% AMI)
$223,800
$502,000
$272,200
Very Low (30% to 50% AMI)
$295,800
$502,000
$206,200
Low (50% to 80%
AMI)
$331,800
$502,000
$170,200
Affordable Ownership Units
Moderate (80% to 120% AMI)
$391,600
$564,000
$172,400
Rising land costs, rising construction costs, and the scarce funding available to help subsidize the cost of affordable housing, are a constraint to the development of affordable and market
-rate
housing.
1.2.3 Availability
of
Financing
This section explores t
he availability of financing options
for market rate and affordable housin
g
development which impact
the feasibility development
as well as financing for homeowners
to
purchase and renovate housing
.
It is essential to note that data indicates that there ar e disparate
impacts with regard to access to financing for home loans.
Market-Rate Development Financing
As discussed in Land Costs and Construction Costs, above, market
-
rate development is
generally
financed
by investors, and
the cost to build a project
must be recovered by revenue from sales or
rents
, which drives up the ultimate rent or sales prices of new housing
as the component costs
increase.
A market in which housing supply is limited and demand is high can support higher housing prices, but
lower-
income segments of the community are priced out. Therefore, it is difficult for the private sector, for
-
profit developers, and market
-
rate housing to meet the housing needs of
all community members.
Affordable Housing Financing
Affordable housing developm
ents are typically financed with a range
of often layered
grants
and
low-
cost financing from federal, state, and local sources.
The following programs were available
to
affordable projects in Hayward in 2021:
The HOME
Investment Partnerships Program (HOME
)
is a HUD program that assists cities,
counties, and non
-
profit community housing development organizations (CHDOs) to create and retain affordable housing for lower
-
income renters or owners. HOME funds are available as
loans for housing rehabilitation, new construction, and acquisition and rehabilitation of single -
and
multi
-family
projects and as grants for tenant
-
based rental assistance.
The Low
-
Income Housing Tax Credit
(LIHTC) program awards tax credits to developers of
affordable housing projects, w
hich
are
sold to investors to fund the project development. The
California Tax Credit Allocation Committee (TCAC) develops scoring methodology and makes awards
through a competitive process
.
7 Summa
ry, Context Materials And Recommendations Affordable Housing Ordinance Updat e, Keyser Marston Associates. October 21,
2017. Available:
https://www.hayward-
ca.gov/sites/default/files/documents/Final
-
Report
-
Residential
-
Nexus
-
Analysis.pdf
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
8 Housing and Community Development (HCD)’s Multi-Family Housing Program (MHP) makes low-interest, long-term deferred-payment permanent loans for new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower-income households.8
HCD’s Predevelopment Loan Program (PDLP) makes short-term loans for activities and expenses necessary for the continued preservation, construction, rehabilitation, or conversion of assisted housing primarily for low-income households.9
Project Homekey is an HCD program designed to allow state, regional, tribal, and local public entities to develop a broad range of housing types for people at risk of or currently experiencing homelessness, including but not limited to hotels, motels, hostels, single-family homes and multi-family apartments, adult residential facilities, and manufactured housing, and to convert commercial properties and other existing buildings to permanent or interim housing for individuals at risk of or currently experiencing homelessness. 10 HCD’s Infill Infrastructure Grant (IIG) program promotes infill development by providing financial assistance for Capital Improvement Projects that enable development of infill projects or in infill areas, as defined by the program guidelines. 11 No Place Like Home Program (NPLH) funds the development of permanent supportive housing for persons who are in need of mental health services and are experiencing homelessness, chronic homelessness, or at risk of chronic homelessness. The program is administered by HCD.
12 The Transit-Oriented Development (TOD) Housing Program administered by HCD provides low- interest loans as gap financing for rental housing developments near transit that include affordable units. In addition, grants are available to local governments and transit agencies for infrastructure improvements necessary for the development of specified housing developments, or to facilitate connections between these developments and the transit station. The Affordable Housing and Sustainable Communities (AHSC) program is administered by the Strategic Growth Council and implemented by HCD and provides funding to housing development that connects residents with jobs, amenities, and low-carbon transportation. Hayward’s Local Housing Trust Fund Program (LHTF) lends money for construction of affordable housing projects with long-term affordability covenants. The program is funded through payment of the affordable housing in-lieu fees. These funds must be used to increase the supply of housing affordable to moderate-, low-, very low-, or extremely low-income households. The Housing Authority of Alameda County (HACA) Project-Based Program provides up to 30 percent of HACA’s voucher program budget to attach funding to a particular project, rather than an individual household. Project-based vouchers can be awarded to new housing or rehabilitated housing.
8 Multifamily Housing Program (MHP), California Department of Housing & Community Development. https://www.hcd.ca.gov/multifamily-housing
9 Predevelopment Loan Program (PDLP), California Department of Housing & Community Development. https://www.hcd.ca.gov/predevelopment-loan
10 Project Homekey, California Department of Housing & Community Development. https://homekey.hcd.ca.gov/content/background 11 Infill Infrastructure Grant Program, California Department of Housing & Community Development. https://www.hcd.ca.gov/infill- infrastructure-grant
12 No Place Like Home Program, California Department of Housing & Community Development. https://www.hcd.ca.gov/no-place-like- home
Housing Constraints
9 W
hile these funding sources can help finance affordable housing development ,
receipt of funds add
additional costs to comply with
additional requirements
. Many funding sources
(e.g., tax credits,
bonds,
f
ederal funds)
trigger other regulations
. For example,
the
Davis
-
Bacon
W
age
Act
, requir
es
the use of prevailing wage,
13 and
projects must
have
increase
d accessibility and sustainability
measures. These requirements raise
development costs significantly
,
resulting in a greater need for
project subsidies
.
In addition, programs available to finance affordable housing projects are extremely competitive
and
n
ot all eligible projects receive funding. Some funding sources require local matching funds, which puts
a greater strain on limited local funding.
A lack of funding statewide and locally is a
constraint to developing affordable housing sufficient to meet the needs of the community.
Financing
for Homeowners
Due to high housing costs, mortgage financing is required in most cases to purchase
and
improve a
home.
Lack of a
ccess to
mortgage
financing
is
a barrier to achieving housing stability through long
-
term stable housing costs
afforded to homeowners
. Alternatively,
lack of access to home
improvement loans makes it difficult for homeowners to maintain their
homes and
preserve
housing
stability
.
Lack
of access to refinancing does not allow all homeowners to take advantage of potentially lower interest rates or to obtain cash from equity.
The ability to secure financing
is
determined
by
specific mortgage lending standards
including creditworthiness, deb
t
-
to
-
income
ratio,
and
value and condition of the property
.
Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications and the income, gender, and race of loan applicants
.
Reviewing data collected through HMDA can reveal the role the lending market has had on local home sales
. The
purpose of this analysis
is to determine
the extent to which lack of access
to
home financing
is a constraint to meeting the needs of homeowners
in Hayward
.
Appendix F,
Assessment of Fair Housing
,
further
examines mortgage applications and decisions by race.
Mortgages
Mortgage denial rates are higher in Hayward than in Alameda County
as a whole
.
In 2020,
approximately
2,155 households
in Hayward applied
for home purchase loans.
Of those households,
261 applications for government
-
backed loans
14 and 1,894
applications for
conventional loans
.
15 Approximately
nine
percent of government
-
backed loans and
nine
percent of conventional loans
w
ere denied
in Hayward
while
approximately
four
percent of government
-
backed loans and
seven
percent of conventional loans were de
nied
in Alameda County
.
The higher denial rate in Hayward
indicates a financial constraint to purchasing a home
.
13 The Davis
-
Bacon Act of 1931 is a fede
ral law which established the requirement for paying prevailing wages on public works projects. All federal government construction contracts, and most contracts for federally assisted construction over $2,000, must include p rovisions
for paying workers on
-
site no less than the locally prevailing wages and benefits paid on similar projects
14 Government loans are
insured or guaranteed by the government, such as
Federal Housing Administration
(
FHA
)
,
Veteran Affairs (
VA
)
,
and
U.S. Department of Agriculture (
US
DA
)
.
15 Conventional loans include l
oans either purchased by Fannie Mae (FNMA) or Freddie Mac (FHLMC), or other secondary market mortgage pools, or held directly by financial institutions. The most common conventional loans are “conforming” and “high bal anc
e
conforming” loans, which follow agency guidelines set forth by FNMA or
FHLMC.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
10 Mortgage Loan Denial Rates by Race
As shown in Table D-7, the rate of mortgage approval in Hayward has gone up between 2011 and 2017, but disparities in approval between races have stayed the same with black applicants being denied at the highest rates. In a seven-year period, there were 173,149 mortgage applications in the County, of which approximately 62 percent were approved. Between 2004 to 2010, Asian applicants had the highest rate of approval at approximately 71 percent and white applicants had the second highest at 70 percent. Black applicants continued to have the lowest at approximately 59 percent, and Hispanic applicants had the second lowest at approximately 62 percent. Overall, the rate of mortgage approvals has gone up in the last seven years, but the disparities in the rate of approval across race and ethnicity has stayed relatively the same. Appendix F, Assessment of Fair Housing, further examines mortgage applications and decisions by race.
Table D-7 Mortgage Approvals by Race/Ethnicity, 2011–2017
Total Number
of Applicants Approved (a) Denied (b) Other (c)
American Indian or Alaska Native 434 62.7% 13.8% 23.5%
Asian 60,721 70.7% 11.1% 18.3%
Black or African-American 5,657 59.1% 15.3% 25.7%
Native Hawaiian or Other Pacific Islander 1,419 62.5% 14.2% 23.3% White 48,062 70.0% 7.6% 22.4%
Information Not Provided by Applicant 2,749 69.5% 9.8% 20.7% Hispanic, Any Race 13,368 61.5% 13.5% 25.0%
Information Not Provided by Applicant, Any Race 22,072 64.1% 9.3% 26.6% Not Applicable, Any Race 18,682 8.8% 0.4% 90.8%
Total 173,149 61.8% 9.1% 29.1%
Notes: (a) includes loans originated, applications approved but not accepted, and preapproval requests approved but not accepted; (b) includes application denied by financial institution and preapproval request denied by financial institution; and (c) includes applications withdrawn by applicant, incomplete applications, and loans purchased by institution.
Source: Home Mortgage Disclosure Act (HMDA), 2019
Home Improvement Loans
Home improvement loan denial rates are also slightly higher in Hayward than in the rest of Alameda County (see Table D-8). In 2020, 374 households applied for home improvement loans in Hayward and approximately 37 percent were denied. In Alameda County, approximately 33 percent of applicants were denied home improvement loans. Home improvement loans can be denied based on restrictive lending standards including the applicant’s creditworthiness, debt-to-income ratio, value, and condition of the property. The higher denial rate in Hayward for home loans indicates a financial constraint to improving and maintaining a home in Hayward.
Housing Constraints
D-
11 Table
2020 Home Mortgage Disclosure Act Data in Alameda County and Hayward D-8
Census Tract Or County Name
a
nd
Disposition Of Application
(County/State/Tract Number)
Loans on 1
-
to 4
-F
amily and Manufactured Home Dwellings, 2020
Home Purchase Loans
FHA, FSA/RHS & VA
Conventional
Refinancing
Home Improvement Loans
Number
Amount
(million)
Number
Amount
(million)
Number
Amount
(million)
Number
Amount
(million)
Hayward
Loans
Originated
176 (67.4%)
$116
1,
348 (71.2%)
$766.4
7,
418 (64.7%)
$3.2
151 (40.4%)
$30
Applications Approved but not
Accepted
6 (2.3%)
$3.7
57 (3%)
$24.5
299 (2.6%)
$127.4
19 (5.1%)
$3.6
Applications Denied by Financial
Institution
23 (8.8%)
$1.5
153 (8.1%)
$70
1195 (10.4%)
$515.3
138 (36.9%)
$20.9
Applications Withdrawn by Applicant
45 (17%)
$29.4
253 (13%)
$154.7
1,
794 (15.6%)
$784.9
43 (11.5%)
$7.9
File Closed for Incompleteness
11 (4.2%)
$6.8
83 (4.4%)
$32.4
754 (6.6%)
$309.5
23 (6.1%)
$3.3
Applications Received
261
$170.8
1894
$1,047.9
11460
$4,937.5
374
$65.5
Alameda County
Loans Originated
2,225 (34.6%)
$1,217.5
13,335 (73.2%)
$8,660
66,706 (65.6%)
$31,605.4
2,107
$451
Applications Approved but not
Accepted
78 (1.2%)
$43.2
505 (2.8%)
$301.1
2,678 (2.6%)
$1,243.6
127 (2.9%)
$24.9
Applications Denied by Financial
Institution
285 (4.4%)
$149.4
1,285 (7.1%)
$693.8
9,593 (9.4%)
$4,910.8
1,449 (33.1%)
$2,230.4
Applications Withdrawn by Applicant
551 (8.6%)
$296.7
2568 (14.1%)
$1,695.3
16,668 (16.4%)
$8,290.5
452 (10.3%)
$98
File Closed for Incompleteness
76 (1.2%)
$37.9
451 (2.5%)
$216
5,878 (5.8%)
$2,588.5
234 (5.3%)
$45.2
Applications Received
6,429
$3,488.7
18,211
$11,630.4
101,729
$48,785
4,382
$844.3
Source: Home Mortgage Disclosure Act, MSA/MD Aggregate Reports, 2020, Oakland -
Berkeley
-
Livermore
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
12 Housing Supply
Economic recessions can also have a profound and long-lasting effect. In data going back to 1970, new home sales declined 15 percent nationally, on average, during recessions, with sale prices continuing to drop in the following year.
16 However, the COVID-19 pandemic created a global
economic recession which impacted the California housing market significantly different than typical recessions in the past. Rather, lower interest rates through the pandemic and a reduction in available housing created a higher demand for housing which has resulted in higher prices for housing across the US.17
According to Zillow, the median home value in Hayward as of June 2022 was $946,250 (see Table D-9). This reflects a 81 percent increase from 2015 median home values. In Alameda County, the median home value in 2021 was $1,130,000 which reflects around a 60 percent increase from 2015. Hayward’s median home price of $946,250 would require an average qualifying annual household income of about $230,000. A household earning Hayward’s average annual household median income of $86,744 (2015-2019 ACS) could afford to purchase a home costing approximately $350,000. Therefore, housing affordability is a significant constraint on homeownership because the income needed to buy a home in Hayward is nearly three times the median household income. 18 Table D-9 Median Home Value Comparisons
Jurisdiction/Region Median Home Value 2015 Median Home Value 2022 Percent Increase of
Median Home Value 2015 -2021
San Leandro $535,000 $1,000,000 87%
Oakland $586,000 $958,500 64%
Hayward $524,000 $946,250 81%
City of Alameda $846,000 $1,275,250 51%
Union City $706,000 $1,365,000 93%
Alameda County $706,000 $1,250,000 77%
Source: Zillow.com 2021
1.2.4 Construction Financing Timing
The timing between project approval and requests for building permits affects project viability.
Project delays may result from developers’ inability to secure financing for construction. In Hayward, the average time between project approval and request for building permit is typically three to nine months, but varies by type of project. Some projects take years to pull building permits and secure financing. Single-family homes usually experience the least delay (three to nine months). Multi-family housing construction tends to be more complex and usually requires more time between entitlement and building permit issuance (six to nine months).
16 Joint Center for Housing Studies of Harvard University. Past Recessions Might Offer Lessons on the Impact of COVID- 19 on Housing Markets. https://www.jchs.harvard.edu/blog/past-recessions-might-offer-lessons-on-the-impact-of-covid-19-on-housing-markets 17 Anenberg, E and Ringo, D. Housing Market Tightness During COVID-19: Increased Demand of Reduced Supply? Board of Governors Federal Reserve. July 8, 2021. https://www.federalreserve.gov/econres/notes/feds-notes/housing-market-tightness-during-covid-19- increased-demand-or-reduced-supply-20210708.htm
18 Estimated purchase prices and income required to purchase a home assume 5 percent down payment and 5 percent interest rate.
Housing Constraints
13 1.2.5
NIMBYism
& Other Challenges to Development
“Not In My Backyard”
(NIMBYism)
is a social and political movement that opposes housing or commercial development in local communities
.
NIMBY complaints often
target new
affordable
housing
as well as high
er density market
-
rate housing that is adjacent to lower
-
density established
neighborhoods
, with reasons
including
traffic concerns
, environmental concerns,
preservation of
neighborhood character
,
and,
in some cases, thinly
-
veiled racism
and classism
.
Acc
ording to the Alameda County Collaborative Presentation and Developer Roundtable ,
neighborhood
and other organized
groups
us
e
California Environmental Quality Act (
CEQA
) lawsuits
and other mechanisms
to delay project approvals
posing
a significant constraint to the development
of housing.
19 In Hayward, an individual or group wishing to challenge a development project needs to submit an application and $400 fee to appeal a Planning Commission
or City Council decision.
Appeals extend the timing of the entitlement process
resulting in higher costs
for the applicant
and/or developer as they continue to pay land carrying costs, insurance, consultant,
and attorney
fees.
Further, these groups could use this delay to extract funding or other b enefits from developers
in exchange for dropping challenges. The added time and costs
related to these delays
are a
constraint to residential development in Hayward
and the region as a whole
.
1.3 Governmental Constraints
Actions by the City can have an impact on the price and availability of housing in Hayward
. Policies
and regulatory actions such as land use controls, site improvement requirements, R
each
Code and
other
building codes, impact and other development
fees can impact the price and availability of
h
ousing in the City. This analysis examines t
he
effect of the
City’s
public policies
on housing
availability, adequacy, and affordability.
1.3.1 Land Use
Designations
The City regulates the type, location, density, and scale of residential development through its
General Plan
, specific plans,
and Zoning Ordinance.
General Plan
Hayward adopted its current General Plan in 2014 to guide development in the City through the year 2040. The Land Use Element of the City’s General Plan sets forth the vision, goals, and po licies
for the City’s urban form and land use patterns, including residential development. According to the Vision and Guiding Principles statement included in the Hayward 2040 General Plan, “Hayward will
be a distinct and desirable community known for
its central Bay Area location, vibrant Downtown,
sustainable neighborhoods, excellent schools, robust economy, and its growing reputation as a great college town.
With a variety of clean, safe, and green neighborhoods, and an accessible network of parks an
d natural open space, Hayward will be home to one of the most diverse, inclusive, educated, and healthy populations in the Bay Area.
It will be a destination for life
-
long
learning, entertainment, arts and culture, recreation, and commerce.
It will be a co
mmunity that
values diversity, social equity, transparent and responsive governance, civic engagement, and volunteerism.
Hayward will be a thriving and promising community that individuals, families, students, and businesses proudly call home.”
19 Alameda County Collaborative Presentation and Developer Roundtable, November 29, 2021
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
14 The General Plan Land Use Element establishes land use categories that define the allowable uses and building densities/intensities throughout the city. The various types of housing units allowed in the City include single-family dwellings, multi-family dwellings, townhomes, condominiums, mobile homes, and accessory dwelling units (ADUs). Residential densities in Hayward cover a wide spectrum that promote the development of various housing types, as demonstrated by the General Plan land use density ranges shown in Table D-10.
Hayward’s land use designations allow for a range of 1 to 110 dwelling units per acre. The state thresholds for densities that encourage the development of above moderate-, moderate-, and lower-income units all fall within Hayward’s allowable density ranges. There are four designations compatible with the default density for lower-income housing units. The designations are distributed geographically across the City and not concentrated in one particular location. The densities allowed under the current land use designations provide opportunities for a variety of household income levels and are not constraints to developing housing units.
The General Plan also establishes Floor Area Ratio (FAR) for mixed-use development in residential and mixed-use land use designations. FAR refers to the ratio of building floor space compared to the area of a site. FAR is calculated by dividing the square footage of all buildings on the site by the total square footage of the site. Hayward’s General Plan and Zoning Code provides for minimum FAR ranges from 0.4 to 2.75. In the designations that allow for above 30 du/ac, the FAR ranges from 0.8 to 2.75.
The City’s Zoning Ordinance is intended to implement the guiding vision set forth in the General Plan. In general, the City’s zoning and land use regulations are designed to balance the goal of providing affordable housing opportunities for all income groups while protecting the health and safety of residents and preserving the character of existing neighborhoods.
Housing Constraints
15 Table D-10 Hayward 2040 General Plan Land Use Designations, Uses and Densities General
Plan Designation
and
Percent of Total Area
Residential Types
Maximum
du/ac
FAR
1 Rural Estate Density
(1.1%)
Single
-
family homes, second units, and
ancillary structures
1 du/ac
0.4 Suburban Density
(2.7%)
Single
-
family homes, second units, and
ancillary structures
4.3 du/ac
0.4 Low Density
(8%)
Single
-
family homes, second units, and
ancillary structures
8.7 du/ac
0.4 Mobile Home Park
(0.5%)
Mobile home parks in the city, typically a
manufactured home
12.0 du/ac
n/a
Limited Medium Density
Residential
(1.3%)
Single
-
family homes, second units, duplexes,
triplexes, fourplexes, townhomes, multi
-
story
apartment and condominium buildings, and
ancillary structures
12 du/ac
0.5 Medium Density
(2.9%)
Single
-
family homes, second units, duplexes,
triplexes, fourplexes, townhomes, multi
-
story
apartment and condominium buildings, and
ancillary structures
17.4 du/ac
0.6 High Density
(1%)
Townhomes, multi
-
story apartment and
condominium buildings, and ancil
lary
structures
34.8 du/ac
0.8 (
does not
apply to
residential uses
)
Retail and Office Commercial
(0.8%)
Commercial buildings, shopping centers, and
office buildings. Live
-
work units and mixed
-
use
with multi
-
family homes on upper floors are
supported uses
17.4 du/ac
0.6 General Commercial
(0.2%)
Commercial buildings, shopping centers, office
buildings, and automobile service and repair
stations. Live
-
work units and mixed
-
use with
multi
-
family homes on upper floors are
supported uses
17.4 du/ac
0.6 Commercial/High
-
Density
Residential
(0.2%)
Townhomes, live
-
work units, multi
-
story
apartment and condominium buildings,
commercial buildings, shopping centers, and
mixed
-
use buildings that contain commercial
uses on the ground floor and residential units
or office space on upper floors
34.8 du/ac
0.8 Sustainable Mixed Use
(0.8%)
Townhomes, live
-
work units, multi
-
story
apartment and condominium buildings,
commercial buildings, shopping centers, and
mixed
-
use buildings that contain
commercial
uses on the ground floor and residential units
or office space on upper floors
100 du/ac
2.0 or 2.75 in
transit overlay
zone
Central City
-
Retail and Office
Commercial
(0.3%)
Outside of the retail core of the Downtown
appropriate uses include to
wnhomes,
apartment and condominium buildings, and
live
-
work units
110 du/ac
1.5 Central City
-
High Density
Residential
(0.1%)
Townhomes, live
-
work units, apartment and
condominium buildings, and multi
-
story
mixed
-
use buildings that contain
commercial
uses on the ground floor and residential units
or office space on upper floors.
110 du/ac
1.5 1
The Zoning Ordinance does not apply FAR to residential development, only commercial and mixed -
use development. Residential
development is subject to
density, lot coverage, setbacks, and other development standards.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
16 1.3.2 Zoning Ordinance
The City regulates the type, location, density, and scale of residential development primarily through the Zoning Ordinance, as well as specific plan development codes. A zoning district is assigned to every parcel in the city and the Zoning Ordinance identifies compatible uses. In general, the City’s zoning regulations are designed to balance the goal of providing a mix of residential and commercial land use types while protecting the health and safety of residents and preserving the character of existing neighborhoods. Additionally, development standards such as setbacks, height limits, lot coverage, open space requirements, and parking identified for each zoning district. Some zoning districts may allow similar uses but have different development standards. Development standards may be considered a constraint to the development of housing units if they are too restrictive or reduce the development potential on a specific parcel.
The City’s Zoning Ordinance allows residential uses in the following districts:
Single-Family Residential (RS). The RS District is intended to promote and encourage a suitable environment for family life. It is to be used primarily for single-family homes and the community services related to this use.
Residential Natural Preserve (RNP). The purpose of the RNP District is to allow for the development in areas where topographic configuration is a major consideration in determining the most suitable physical development for the land. This district allows development only where it is subservient to and compatible with the preservation of major natural features, such as the tree line.
Medium Density Residential (RM). The RM District is intended to promote a compatible mingling of single-family and multi-family dwellings.
High Density Residential (RH). The RH District is intended to promote and encourage a suitable high-density residential environment through the development of multi-family dwellings. Residential Office (RO). The purpose of the RO District is to protect residential character while allowing a mix of residential and office use.
Sustainable Mixed-Use District (SMU). The SMU District encourages mixed-use development (consisting of either residential with retail, residential with commercial or office, or educational or cultural facilities with public open space), along major transit corridors, near transit stations, or in close proximity to public higher education facilities or large employment centers, in order to provide sustainable transit-oriented development.
Mobile Home Park (MH). The MH District is intended to promote and encourage a suitable living environment for the occupants of mobile homes.
Neighborhood Commercial District (CN). The CN District is intended to establish mixed-use areas throughout the city that are carefully located in relationship to other commercial districts and to residential districts. The CN District allows residential units above first-floor commercial uses only.
Neighborhood Commercial-Residential (CN-R). The CN-R District includes a mixture of neighborhood-serving businesses and residences along portions of certain arterials in order to provide housing with ready access to shops and transit. The CN-R District encourages joint development of lots along arterials in order to minimize curb cuts and maximize architectural continuity. The CN-R District adjusts parking and open space requirements to reflect the characteristics of mixed-use development along arterials.
Housing Constraints
17
General Commercial District (CG)
.
The CG District is intended to provide services for supporting primary business activities in the CB or CC Districts. The CG District allows multi
-
family
residential units above first
-
floor commercial uses only.
Commercial Office District (CO)
.
The CO District provides for and protects administrative, professional, b
usiness, and financial organizations which may have unusual requirements for space, light, and air, and which are clean and quiet and are not detrimental to adjacent residential properties. The CO District allows
multi
-
family
dwellings and small group home
s
associated with single
-
family dwellings.
Central City
-
Residential (CC
-
R)
.
The purpose of the CC
-
R Subdistrict is to establish a
concentration of
multi
-
family
and complementary uses in order to provide a quality Central City living environment and to prov
ide market support for Central City businesses.
Central City Commercial Subdistrict (CC
-
C)
.
The CC
-
C District is intended to establish a mix of
business and other activities which will enhance the economic vitality of the downtown area.
Permitted activitie
s include, but are not limited to, retail, office, service, lodging, entertainment, education, and
multi
-
family
residential uses. The CC
-
C District allows residential units above
first
-
floor commercial uses only.
Central City Plaza Subdistrict (CC
-
P)
.
The CC
-
P District is intended to establish a unique
environment of retail and other complementary uses contributing to the pedestrian nature and quality image of such streets. The CC
-
P District allows artist’s lofts above the first floor of their place of
business and standalone
multi
-
family
units.
Specific Plans
A specific plan is a planning document that implements the goals and policies of the general plan for an area in the city with unique land use needs. These plans contain more detailed development standards and implementation measures to which future projects located within a specified geographic area must adhere. Hayward has two specific plans —
the Downtown Specific Plan and the
Mission Boulevard Code.
The Land Use Element of the Hayward General Pla
n describes how the City is composed of certain
neighborhood planning areas, including the Mission/Foothills and North Hayward neighborhoods.
The General Plan further designates certain significant focus areas for the implementation of “smart growth” princ
iples. The intent of the Code is to implement such principles in Downtown Hayward and along designated portions of the Hayward Mission Boulevard Corridor.
Downtown Specific Plan
The City adopted the Downtown Specific Plan and Code in 2019 which provides a
strategy to achieve
the community’s vision of a resilient, safe, attractive, and vibrant historic Downtown. The Plan calls for significant infill development in Downtown over the next 20 or more years with an estimate of accommodating up to 3,430 new hous
ing units and 1.9 million square feet of non
-
residential space
such as retail, hospitality, office, and education uses.
Table D
-
11 below indicates the
typical
residential uses in the four Downtown zoning districts. The Downtown Specific Plan Development Code identifies the development standards related to each zoning district and is discussed in Table
D
-
15 .
The Downtown Specific Plan requires high
-
density housing development, and the residential
densities in the Plan (generally ranging from 40 to 110 dwelling units per acre) meet the default Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
18 density for all income levels designated by Government Code Section 65583.2(c)(3). Therefore, the Downtown Specific Plan is not considered a constraint to the development of housing.
Table D-11 Downtown Specific Plan Zoning Designations
Specific Plan Designation Residential Types
Neighborhood Edge (NE) Small-to-medium footprint, lower-intensity housing choices, from Houses to Small Multiplex Buildings and Cottage Courts
Neighborhood General (NG) Small-to-medium footprint, moderate-intensity, medium house scale housing choices, from Houses and Rowhouses to Small Multiplex and Courtyard Buildings Urban Neighborhood (UN) Small-to-large footprint, moderate-intensity, large house-scale and block-scale housing choices, from Rowhouse and Large Multiplex Buildings to Stacked Flats Downtown Main Street (DT-MS) Small-to-large footprint, moderate-to-high-intensity housing choices, from Main Street Buildings to Lined Buildings
Urban Center (UC) Medium-to-large footprint, moderate-intensity housing choices, from Rowhouses and Multiplex Large Buildings to Stacked Flats and Lined Buildings, Mission Boulevard Corridor Form Based Code
The City adopted an update to the Mission Boulevard Form Based Code and related Specific Plan in 2020, which combined Hayward Municipal Code Chapter 24 (formerly South Hayward BART/Mission Boulevard Form Based Code) and 25 (formerly Mission Boulevard Form Based Code) into Article 24 reclassified as Mission Boulevard Code.
A form-based code is a method of regulating development to achieve a specific urban form primarily by controlling the physical form rather than the land use. The Mission Boulevard Form Based Code has high maximum density ranges, particularly in the Transit Oriented Development Overlay zones.
Additionally, there is no requirement for a minimum number of off-street automobile parking spaces. Because of this, the regulations in the Mission Boulevard Code are not considered a constraint.
Table D-12 Mission Boulevard Form Based Code Residential Designations Zoning District Allowable Residential Uses Typical Height Density (du/ac) Mission Boulevard - Corridor
Neighborhood (MB-CN)
Moderate-intensity, medium-scale
residential
3 – 5 stories 17.5 – 35
(up to 55 du/ac
allowed south of A
Street)
Mission Boulevard -
Neighborhood Node (MB-NN)
Mixed-use infill development 4 – 5 stories 17 – 65
Mission Boulevard - Corridor
Center (MB-CC)
High-intensity residential 5 – 6 stories 35 – 75
(Up to 100 du/ac in
TOD Overlays)
Providing for a Variety of Housing Types
Housing Element law specifies that jurisdictions must identify adequate sites that are zoned to encourage the development of a variety of housing types available to all economic segments of the population. Persons and households of different ages, types, incomes, and lifestyles have a variety of housing needs and preferences that evolve over time and in response to changing life circumstances. This includes single-family homes, multi-family housing, accessory dwelling units, Housing Constraints
19 mobile homes, agricultural employee housing, homeless shelters, and transitional housing, among others.
Table
D-
13 summarizes the various housing types permitted within the City’s zoning districts
Table
D-
14 su
mmarizes the various housing types permitted within the
Mission Boulevard Code and
the Downtown Specific Plan Code
.
The housing types allowed within the Ci
ty
’s
zoning districts are
described below.
Table D-13 Zoning Use Matrix for Residential and Commercial Districts Housing Type
Permitted Zoning Districts
Conditionally
P
ermitted Zoning Districts
ADU
All Zoning Districts that
allow residential
development
Artist Loft
CC-
R, CC
-P
Boarding Hom
e
1 CG, CO, CC
-R
RM, RH
Dormitory
RM, RH, CO
Fraternity or Sorority
CO
Small
Group Hom
e
2 RS, RNP, RM, RH, RO, CO, CC
-
R, A
Large Group Hom
e
3 RS, RNP, RM, RH, RO, CO, CC
-
R, A
Transitional & Supportive
Housing
All Zoning Districts that allow residential
developmen
t
4 Emergency
Homeless Shelte
r
5 Industrial Districts; MB
-
CN and MB
-
NN
CG
Mobile Home
s
6 MH
Multi
-
Family Dwelling
RM, RH, RO, SMU, CO, CC
-R
CN-
R, CB, CC
-C
Residential Dwelling Unit Above
First Floor Commercial Uses
CN, CN
-
R, CG, CL, CB, CC
-C
Single
-
Family Dwellin
g
7 RS, RNP, RM, RO, CC
-C
3 , CC
-
R, CC
-
P, A
RH, CO
Second Single
-
Family Dwellin
g
8 RS, RM, RO, A
RH
1 Boarding Home and Group Home are considered interchangeable in Hayward Municipal Code.
2 Six or fewer residents (excluding staff)
3 Seven or more residents (excluding staff)
4 Per Hayward Municipal Code Section 10
-
3510, Transitional and Supportive housing are more permanent housing options providing a more stable living situation for individuals and families that might otherwise be homeless with stay lengths that are typical ly six months
or longer. Transitional and supportive housing uses are permitted as
a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
5 Includes Housing Navigation Centers and Emergency Shelters (per Health and Safety Code 50801). In Industrial Districts,
permitted on
City
-
owned sites. Permitted on MB
-
CN and MB
-
NN in same manner as multi
-
family residential uses.
6 Manufactured housing is permitted on any
residential
lot subject to minimum standards set forth in HMC Section 10 -
1.2735(g).
7 If existing as of May 4, 1993
8 Where one single
-
family dwelling already exists on a lot, one additional single -
family dwelling may be constructed provided the
minimum development
standards (lot size, setbacks, height, etc.) can be met for each dwelling.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
20 Table D-14 Specific Plan Zoning Use Matrix
Housing Type Permitted Zoning Districts
Conditionally Permitted Zoning
Districts
ADU All Zoning Districts
Emergency Homeless Shelter MB-CN1, MB-NN MB-CN, MB-NN
Small Group Home NE, NG, UN, UN-L, DT-MS, UC
Large Group Home NG, UN, UN-L, UC
Live-Work MB-CN, MB-NN, NG, UN, UN-L, DT-MS, UC MB-CN, MB-NN Multi-Family Dwelling MB-CN, MB-NN, MB-CC MB-CN, MB-NN, MB-CC Residential2 NE, NG, UN, UN-L, DT-MS, UC
Senior Housing3 NE, NG, UN, UN-L, DT-MS, UC
Single-Family Dwelling MB-CN4 5, MB-NN
Townhouse Dwelling MB-CN, MB-NN, MB-CC
1 Hayward Municipal Code, Division 10-24.2.3, Table 2.3.010.A (https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART24MIBO CO_SUBARTICLE_10-24.2SPZO_DIV10-24.2.3USTA_10-24.2.3.010ALLAUSPERE) 2 Includes a variety of housing types (single-family and multifamily housing, duplexes, triplexes). Residential uses are allowed in all districts in the Mission Boulevard Code, but are listed as specific types of development. 3 Senior housing is allowed in the Mission Boulevard Code, but listed as specific types of development. 4 For properties located within Commercial Overlay Zone 2, as shown in the Regulating Plan, residential units are only allowed along the primary street frontage with a conditional use permit. 5 If the lot/parcel has an existing, permitted single-family dwelling that was constructed prior to July 14, 2020. No new detached single- family dwellings allowed.
Accessory Dwelling Units and Junior Accessory Dwelling Units Under state law (Government Code Section 65852.2), an ADU is a dwelling unit that provides complete independent living facilities for one or more persons. It must be located on the same parcel on which a single-family dwelling or multifamily development is located or will be built and may be attached to or converted from a portion of the primary dwelling unit or separate from the primary structure (detached). An ADU includes permanent provisions for living, sleeping, eating, cooking, and sanitation. ADUs must be permitted ministerially in all zoning districts that allow residential uses. In Hayward, ADUs are permitted in any zoning district where an existing, non- conforming residential use has previously been established.
A junior ADU (JADU) is a dwelling unit limited to 500 square feet and converted from a portion of a single-family home. A JADU must contain a kitchen but bathroom facilities may be shared with the primary dwelling unit. Owner occupancy of the primary dwelling unit is required and no parking may be required for the JADU. JADUs must be ministerially permitted in zoning districts that allow single- family residences. Government Code Section 65852.22 establishes minimum standards for JADUs.
State law governing ADUs and JADUs has changed rapidly during the previous housing element planning period. State law supersedes local ordinances and while some jurisdictions adopt local ordinances making provisions for ADUs and JADUs, rapid changes mean that local ordinances quickly become out of date. The City’s existing Accessory Dwelling Unit Ordinance is not consistent with new state law due to low staffing and changing regulations. Therefore, the City defers to state law in permitting ADUs and JADUs. To ensure consistency with State Law and transparency for applicants, Hayward created a Frequently Asked Questions about ADU/JADUs in English and Spanish as well as Housing Constraints
21 a simple ADU Checklist to accompany building permit applications for ADUs 20 . The informatio
n is
posted to the City’s website and provided
upon
request at the Permit Center or via email.
Program
H-
21 contains a number of provisions to
monitor ADU
production and promote the building of
ADUs
and JADUs throughout the City
.
The City will continue to monitor new legislation pertaining to ADUs and JADUs and will update the
Accessory
Dwelling Unit
Ordinance,
as necessary.
Artists Loft
/
Live and Work
Live and Work units must be located in an area where residential uses are allowed. At least one individ
ual employed in the business conducted within the live/work unit must reside in the unit.
Artists’ lofts are a live and work situation where a resident artisan lives and displays and sells their
work on a non
-
first floor level.
Condominiums/Townhomes
A co
ndominium is any building, group of buildings, or portion thereof which includes two or more dwelling units, and for which there is a final map or parcel map. Condominium dwelling projects are usually governed by a Homeowners Association (HOA) with Covenan ts, Codes and Restrictions
(CC&Rs) and may include private recreational facilities. Within a condominium, ownership consists of the airspace within a unit and the building(s) and all land within the development are under common ownership.
A
t
ownhome is any
building, group of buildings, or portion thereof which includes two or more attached dwelling units. Townhouse dwelling projects
may be ownership or rental housing. If each
unit is sold separately, they
are usually governed by an HOA with CC&Rs, and may i
nclude private
recreational facilities. Townhouse ownership includes the building, the land beneath the building, and typically a patio or small yard adjacent to the structure. The remaining land within the development is under common ownership.
Dormitory
, Fraternity, Sorority
A dormitory is a residence hall providing sleeping rooms, bathrooms, study and recreation rooms, and a common kitchen for students.
In Hayward, t
his type of housing is permitted as Boarding
Homes, Group Homes, or Multifamily
, depending on the proposal.
The
se uses are allowed in
in all
zoning districts where Boarding Homes, Group Homes, and m
ulti
-family
uses are permitted
.
Group Homes
A group home is any single
-
family residence or other
housing type
where residents pay a fee or
other consideration to the g
roup home operator in return for residential accommodations. A group home includes a boarding home, a rooming house, as well as a group residence for the elderly, mentally or physically disabled or handicapped persons, or other persons in need of care and supervision
. Boarding homes and rooming houses do not specify and are not limited to a type of purpose so it could consist of a group of employees, foster youth, individuals recovering from substance abuse, or any collection of no more than six individuals . A residence serving six or fewer
individuals is considered small, while a residence serving seven or more individuals is considered large. The term group home includes both licensed and unlicensed group homes.
20 Hayward ADU information
:
https://www.hayward-
ca.gov/content/accessory
-
dwelling
-
unit
-
information
-
and
-
permit
-
process
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
22 A licensed Group Home is any residential facility subject to state licensing requirements pursuant to the California Health and Safety Code (HSC) that has an up-to-date facility license. Group Homes subject to State licensing requirements include the following:
Residential care facilities licensed or supervised by a federal, state, or local health/welfare agency provide 24-hour non-medical care of unrelated persons who have a disability and need personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Health Facilities including congregate living health facilities, developmentally disabled nursing facilities, and intermediate care facilities. 21
An unlicensed Group Home is the use of a dwelling unit by an owner or operator as a dormitory, boarding house, rooming house, or similar use, where such residential facility is not subject to State licensing requirements or whose state license has expired or has been suspended or revoked.
In Hayward, small group homes (six or fewer residents excluding staff) are permitted by right, per State law, in any district that allows residential uses. Large group homes (seven or more residents excluding staff) are permitted with administrative or conditional use permits in residential districts.
In the A (Agricultural) District, the City specifies a spacing limitation that a large group home cannot be located within 500 feet of the boundaries of a parcel containing another group home, unless a conditional use permit is issued on the basis that waiver of such separation requirement would not be materially detrimental or injurious to the property, improvements, or uses in the immediate vicinity. The Zoning Ordinance complies with Health and Safety Code Section 17021.5 (The Employee Housing Act) because group homes of six or fewer residents are treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the A, RS, RNP, RM, RH, RO, GC, CC-R, and AT-R zones.
According to the State Department of Social Services, Community Care Licensing Division, four licensed group homes with 24 beds and 58 licensed adult residential facilities are located in Hayward. The requirements for administrative and conditional use permits and, in the A district, minimum separation of facility locations, could be a constraint to the development of affordable housing for people with disabilities. The City added Programs and Actions to facilitate such housing.
Specifically, Program H-13, Action 13.1 to promote alternative housing types; and Action 13.4 to evaluate the permit process for group homes of seven or more persons, to adopt a set of objective standards to provide certainty to applicants and to consider allowing large group homes through Administrative Use Permit process or as a by-right use subject to specific objective standards.
Single-Family Dwelling
A single-family dwelling is defined as a detached building containing only one dwelling unit. In Hayward, single-family dwellings are permitted in numerous zones (see Table D-13 and Table D-14).
Single-family dwellings require an administrative use permit in RH and CO zones.
Multi-Family Dwelling
A multi-family dwelling is any building, group of buildings, or portion thereof which includes two or more dwelling units. Multi-family dwellings may be intended as ownership or rental units. Multi- family dwellings are permitted by right in numerous zones (see Table D-13 and Table D-14). Projects
21 Health and Safety Code section 1250
Housing Constraints
23 in the
CB and CC
-
C zones
that consist entirely of m
ulti
-
family dwellings
require a conditional use
permit
whereas those with ground floor commercial uses are permitted by right .
M
anufactured Homes and Mobile Homes
Pursuant to Health and Safety Code Sections 18007 to 18008, a mobile home or manufactured home is defined as a structure which is transportable in one or more sections, is eight feet or more in
body
width, or 40 feet or m
ore in
body
length, in the traveling mode, or, when erected onsite, is 320 or more square feet. Mobile homes are defined as being constructed prior to June 15, 1976, while a manufactured home is constructed on or after the same date. Manufactured housing a nd
mobile homes can be an affordable housing option for low -
and moderate
-
income households.
Manufactured homes are defined in the City’s Zoning Code as synonymous with “single -
family
dwelling,” and therefore allowed wherever single
-
family homes are allowe
d, as long as they meet
the building code requirements for a single
-
family structure, including being secured to a
permanent foundation.
Mobile
home
park
s are permitted in the MH zone
, and manufactured
housing is permitted in all
residential
districts subj
ect to minimum standards set forth in HMC
Section 10
-
1.2735(g)
.
Single
-
Room Occupancy Facilities
/
Boarding Homes
Single
-
Room Occupanc
y
facilities
(SROs)
are
usually 200 to 350 square feet and consist of one
habitable room in a structure of other SRO unit
s
. An SRO facility is
also known as a residential hotel.
Residents typically share bathrooms and/or kitchens while some SRO units include private
kitchenettes, bathrooms, or half
-
bath
room
s.
Because they use shared facilities and can be built
more cheaply t
han individual units, or converted from existing types of buildings, SROs and boarding homes may be more affordable for developers to build.
SROs are not
specifically
defined in the
City’s Zoning Code but are allowed with a conditional use permit in the MB -
CC zoning district.
As described in the discussions on Group Homes and Farmworker Housing, a Boarding Home is equivalent to an Unlicensed Group Home. Generally, a Bo arding House is a building where lodging
or meals are provided (for compensation) for residents not functioning as a common household or family. Boarding homes are permitted in the RO zoning district. Boarding homes require an administrative use permit in
CC
-
R and CO zones and a conditional use permit in RM and RH zones.
The City’s current zoning regulations allow for this type of housing, and the City has approved
projects meeting this need.
In 2020, the City approved a 125
-
unit 100
percent
affordable mic
ro
-
unit
development
with supportive services provided on site.
Because of the continued importance of
these housing types to meet the needs of special needs populations and extremely low -
income
households
, t
he City will implement Program
H
-
24 which contain
s multiple actions designed to
further facilitate the provision of
SROs, group homes, and boarding homes
, include an action to
continually monitor the City’s policies, standards, and regulations to ensure they do not unduly constrain housing for special ne
eds populations
.
Emergency Shelter
and Low Barrier Navigation Shelter
A
n emergency
shelter
or “homeless shelter”
is
defined by state law as
housing with minimal
supportive services for homeless persons that is limited to occupancy of six months or less .
22 AB
139, which went into effect on January 1, 2020, mandates that emergency shelters may only be subject to those standards which apply to residential and commercial development within the same
22 Health and Safety Code Section 50801
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
24 zone, except that a city can apply standards regulating the number of beds, parking for staff provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, length of stay, and other minor standards.
Emergency Shelters/Homeless Shelters and Low Barrier Navigation Centers are defined as the same use in the Hayward Municipal Code and are permitted by-right on City-owned property in the IL, IP, IG districts, on parcels abutting Mission Boulevard in the MB-CN and MB-NN, and allowed by Conditional Use Permit in CG districts. There are 929 parcels totaling 522.18 acres in the MB-CN and MB-NN that allow “by right” approval of emergency shelters. This quantity and size of parcels provides ample opportunity to accommodate the current need for beds and shelter for 372 unsheltered individuals in 10 facilities (approximately 40 beds per facility) along the Mission Boulevard and other commercial corridors which provide access to transit, retail and social services uses.
State law23 requires jurisdictions to allow Low Barrier Navigation Centers as a permitted use in mixed-use zones and other nonresidential zones permitting multi-family residential development. A low barrier navigation center is defined as, “a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” When compared to traditional emergency shelters, Low Barrier Navigation Centers may provide more services and additional flexibility to clients, such as allowing pets or permitting partners to share living space. Local jurisdictions to act on a complete application for a Low Barrier Navigation Center within 60 days.
One Low Barrier Navigation Center has been approved in Hayward and opened in 2019. It provides short-term housing for 45 people at a time, outreach and case management services, and placement services for residents of encampments. In 2020, the City also authorized the leasing of up to 35 hotel rooms to provide additional transitional housing and support services for people experiencing homelessness (Navigation Center Annex).
Because of the continued importance of Low Barrier Navigation Centers to meet the needs of homeless populations, the City will implement Program H-13 which contains multiple actions designed to further facilitate the provision of a variety of housing types including group homes, supportive housing, individuals experiencing homelessness. Specifically, Actions 13.5 through 13.7 call for Municipal Code amendments to reduce parking requirements for shelters; to allow low barrier navigation centers as a by right use per Government Code section 65661; and to allow tiny homes and emergency shelters on church and publicly owned properties.
Supportive and Transitional Housing
Transitional and supportive housing are more permanent housing options providing a stable living situation for individuals and families that might otherwise be homeless.
Transitional housing is defined in Health and Safety Code Section 50801 as housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Services must be provided, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible. Rents and services fees must be affordable to low-income persons.
23 Government Code Section 65660 et seq
Housing Constraints
25 Supportive housing
has
no limit on length of stay, as set forth in Government Code Sections 65582 and 65650
,
occupied by low
-
income individuals who will receive, as part of their residency, supportive services designed to assist the individual in retaining housing, improving health, or enhancing other life functions. The target population includes home less families, homeless youth,
and persons with disabilities.
In Hayward, transitional and supportive housing uses are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same
zone.
The zoning code defines transitional and supportive housing as “ more permanent housing
options providing a more stable living situation for individuals and families that might otherwise be homeless with stay lengths that are typically six months
or longer
, and specifies
that the
uses are
permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone
, in accordance with state law
.
In 2018, AB 2162 required cities to
change their zoning to provide a “by right” process and to expedite review for supportive housing projects of 50 units or fewer. This law applies to sites in zones where multi
-
family and mixed uses are permitted, including in nonresidential zones permitti
ng multi
-
family use. Additionally,
state law
prohibits local governments from imposing any
minimum parking requirements for units occupied by supportive housing residents if the development is located within 0.5 mile of a public transit stop.
Twenty
-
five
p
ercent of the units (or a
minimum of 12 units, whichever is greater)
must
be approved by right with no minimum parking.
If
the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall b
e restricted to residents in supportive housing.
The City defers to
Government Code
s
ections 65582,
65583,
and
65650
in approving supportive
housing projects, and therefore its practices are consistent with state law. Because of the continued importance o
f these housing types to meet the needs of special needs populations, t he City will
implement Program
H
-
24 which contains multiple actions designed to further facilitate the provision of housing for homeless individuals, include an action to continually monitor the City’s policies,
standards, and regulations to ensure they do not unduly constrain housing for special needs populations
.
Specifically, Action 13.3 requires the City to assess and amend the Municipal Code to allow Supportive Housing
as a by
-
right use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651.
Farmworker Housing
While the City has an
a
gricultural zoning district
(A)
, there are fe
w people employed in agriculture in
Hayward. As discussed in
Appendix B
,
Housing Needs Assessment
, the total number of residents
employed in farming, fishing, and forestry was less than one percent of the City’s population.
However, people employed in thes
e industries (typically located in rural areas) may seek housing opportunities in urban areas, and an analysis of Hayward’s ability to house this population is still warranted.
Although the Zoning Ordinance does not expressly address housing for agricultu ral workers,
farmworker housing could be considered equivalent to a Group Home because the Zoning Ordinance definition of a Group Home includes boarding homes and rooming houses. In this case, farmworker housing could be considered an Unlicensed Group Home
where residents pay a fee or
other consideration to the Group Home Operator in return for residential accommodations.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
26 As described in the previous section on Group Homes, Small Group Homes are permitted in all Zoning Districts where residential uses as permitted. Large Group Homes require an administrative use permit in UN and UN-L zones and a conditional use permit in RS, RNP, RM, RH, RO, CG, A, NG, and UC zones. The Zoning Ordinance complies with Health and Safety Code Section 17021.5 (The Employee Housing Act) because group homes of six or fewer residents are treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the A, RS, RNP, RM, RH, RO, GC, CC-R, and AT-R zones. However, the Zoning Ordinance does not comply with Health and Safety Code Section 17021.6 because Group Homes of seven or more residents require conditional use permits in the Agricultural zoning district. Health and Safety Code Section 17021.6 generally requires that employee housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household to be treated as an agricultural use; and no conditional use permit, zoning variance, or other zoning clearance shall be required if the same is not required for other agricultural activities in the same zone.
Development Standards
Table D-15 summarizes residential use development standards in the City’s Zoning Ordinance and specific plans. Hayward’s residential and mixed-use district zoning requirements establishes various development standards such as minimum and maximum density, minimum lot size, maximum lot coverage, maximum height, minimum setbacks, minimum open space, minimum and/or maximum parking standards.
The Mission Boulevard Code and the Downtown Specific Plan Code allow for higher densities, lot coverage, Floor Area Ratio and building stories/heights to accommodate higher density and higher intensity development than the other zoning districts.
Housing Constraints
27 Table
D-15 Hayward Development Standards
Zone District
Min. Lot Area (sq. ft.)
Max Height (ft.)
Min Lot Width
Minimum Yard Setback (ft.)
Max Lot
Coverage (%)
du/ac
Front
Side
Rear
Side Street
RS
Interior Lot: 5,000
Corner Lot: 5,914
30 Interior Lot: 50 feet
Corner Lot: 60
feet
20 5-10
20*
10 40
n/a
RNP
20,000
30 100
20 30
20 10
30 n/a
RM
Interior Lot: 5,000
Corner Lot: 5,914
Townhouse Lot(s):
Consistent with
building footprint and
printed project areas.
40 Interior Lot: 60 feet,
excluding radius for
street return
Corner Lot: 60 feet
20 5
-
10 20
10 40
8.7 -
1 7
.4
du/ac
1 RH
7,500
40 60
20 5-10
20 10
65 17-
34 du/ac
RO
Interior Lot: 5,000
Corner Lot: 5,914
40 Interior Lot: 50 feet
Corner Lot: 60 feet
10 5
20 10
50 Consistent with
RM and RH
MH
304,920
40 200
200
10 10
20 40
0 .7
-
12 du/ac
SMU
20,000
55 100
4 6
6 4
90 25-
55 du/ac
CN
6,000
40 60
10 n/a
n/a
10 90
Consistent with
RM and RH
CN-R
10,000
40 100
10 n/a
20 10
n/a
17-
25 du/ac
CG
n/a
n/a
n/a
10 n/a
n/a
n/a
90 Consistent with
RM and RH
CO
Interior Lot: 5,000
Corner Lot: 5,760
40 Interior Lot: 50 feet.
Corner Lot: 60 feet.
10 5-10
20 10
50 Consistent with
RM and RH
CL
10,000
40 100
20 10
20 10
40 Consistent with
RM and RH
CB
n/a
n/a
n/a
10 5-10
n/a
10 90
Consistent with
RM and RH
CC-C
n/a
55-
104 feet
n/a
0-
4 feet
n/a
Between 40
-110
du/ac
CC-R
n/a
55-
104 feet
n/a
0-
4 feet
5-10
15 10
n/a
Up to 34.8 du/ac
CC-P
n/a
55-
104 feet
n/a
0-
4 feet
n/a
15 n/a
n/a
17-
65 du/ac
A
43,560
40 200
20 30 total
35 10
40 Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
28 Zone District Min. Lot Area (sq. ft.) Max Height (ft.) Min Lot Width Minimum Yard Setback (ft.) Max Lot
Coverage (%) du/ac Front Side Rear Side Street
Mission Boulevard Form Based Code
MB-CN n/a North of A
Street: 3 stories
max
South of A
Street: 4 stories
max., 5 max.
with Major Site
Plan Review
18 6 6 3 0 80 35 du/ac by
right, 55 du/ac
South of A
Street with
Major Site Plan
Review
MB-NN n/a 4 stories max., 5
max. with Major
Site Plan Review
18 0 0 3 6 80 35 du/ac by
right, 65 du/ac
with Major Site
Plan Review
MB-CC n/a 5 stories max., 6
max. with Major
Site Plan Review
18 0 0 3 2 90 55 du/ac by
right, 75 du/ac
with Major Site
Plan Review
TOD Overlay 1 n/a 5 stories max., 6
max. with Major
Site Plan Review
18 0 0 3 2 90 100 du/ac
TOD Overlay 2 n/a 5 stories max., 6
max. with Major
Site Plan Review
18 0 0 3 2 90 65 du/ac by
right, 100 du/ac
with Major Site
Plan Review
Downtown Specific Plan
NE n/a 35 35-75, depending on
building type
10 5 15 7 60 40-110 du/ac
NG n/a 45 35-100, depending
on use type
5 5 0 5 70 40-110 du/ac
UN n/a 70 18-320 depending on
the use type
5 5 0 5 75 40-110 du/ac
UN-L n/a 70 18-320 depending on
the use type
5 5 0 5 75 34.8 du/ac
Housing Constraints
29 Zone District
Min. Lot Area (sq. ft.)
Max Height (ft.)
Min Lot Width
Minimum Yard Setback (ft.)
Max Lot
Coverage (%)
du/ac
Front
Side
Rear
Side Street
DT
-
MS
n/a
85 200-
400 depending
on the building type
0 0
0 0
95 40-110
du/ac
UC
n/a
124
250-
450 depending
on the building type
0 0
0 0
95 40-110
du/ac
1 Based on the ratio of lot frontage to lot depth.
SR: Single
-
Family Residential
RNP: Residential Natura Preserve
MR: Medium Density Residential
RH: High Density Residential
RO: Residential Office
SMU: Sustainable Mixed Use
MH” Mobile Home Park
CN: Neighborhood Commercia District
CN
-
R: Neighborhood Commercial
-
Residential
CG: General Commercial District
CL: Limited Access Commercial District
CB: Central Business District
CO: Commercial Office District
*
Reduced to 10 feet for single story additions to existing residential development.
CC
-
R: Central City
-
Residential Subdistrict
CC
-
C: Central City Commercial Subdistrict
CC
-
P: Central City Plaza Subdistrict
A: Agriculture
MB
-
CN: Mission Boulevard Corridor Neighborhood
MB
-
NN: Mission Boulevard Neighborhood Node
MB
-
CC: Mission Boule
vard Corridor Center
PD: Planned Development District
NE: Neighborhood Edge
NG: Neighborhood General
UN: Urban Neighborhood
DT
-
MS: Downtown Main Street
UC: Urban Center
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
30 Overlay Zones
In addition to the above zoning districts, the Zoning Ordinance also establishes a combining district and overlay districts to apply additional regulations and standards to certain properties.
Airport Overlay Zone (AOZ)
Hayward adopted the Airport Overlay Zone Ordinance in July 2017. The purpose and intent of the Airport Overlay Zone (AOZ) Ordinance is to comply with state law, ensure that land uses and development within the AOZ are compatible with existing and future airport operations, and avoid or minimize exposure of persons to potential hazards. Portions of the City are located within the influence area zones of both the Hayward Executive Airport and Oakland International Airport (OAK). These zones identify areas of potential hazard from aircraft takeoff and landings and cover a wide portion of southwestern Hayward. The basic strategy for minimizing risks to people on the ground near airports is to limit the number of people who might gather in areas most susceptible to potential aircraft accidents by prohibiting/limiting certain non-compatible land uses. This generally includes limiting: buildings that serve people with limited mobility (e.g., children’s schools, hospitals, nursing homes); sensitive industrial uses; residential uses; public uses; and uses that process/store hazardous or flammable materials (e.g., oil refineries, chemical plants). 24 Table D-16 identifies the residential development standards within the six Airport Safety Compatibility Zones.25 Zones 1 and 5 do not allow the development of single- and multi-family housing units. Currently, the General Plan designations in zones 1 and 5 would not allow for residential development, therefore the AOZ in these zones is not considered a constraint to the development of housing. New residential development within the 60 dB CNEL contour shall demonstrate consistency with the maximum exterior noise levels set forth in Table HAZ-1 of the General Plan and the maximum interior noise levels should not exceed 45dB CNEL. Pursuant to State Law, all General Plan amendments, Zoning Ordinance amendments, and projects proposed within the Airport Influence Area (AIA) must be reviewed by the Alameda County Airport Land Use Commission. The Airport Land Use Commission has 60 days for the review. However, the City Council has the authority to override the review with a four-fifths vote if it can make certain findings. Since this requirement is applicable to all jurisdictions located near airports and airfields and ensures all land uses within the AOZ are consistent with State Aeronautics Act, California Public Utilities Code Section 21670, et seq., federal law, Federal Aviation Administration regulations, and handbook guidance, this requirement is not unique to Hayward and does not constitute a constraint to housing development.
24 City of Hayward 2040 General Plan Update, Environmental Impact Report. 2013. Available: https://www.hayward- ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1-30-14.pdf 25 Hayward Executive Airport, Airport Land Use Compatibility Plan. Available at:
https://www.acgov.org/cda/planning/generalplans/documents/HWD_ALUCP_082012_FULL.pdf Housing Constr
aints
31 Table D-16
Airport Safety Compatibility Zones Residential Development Standards
Land Uses
1 Runway
Protection Zone
2 Inner Approach/
Departure Zone
3 Inner Turning Zone
4 Outer Approach/
Departure Zone
5 Sideline Zones
6 Traffic Patter Zone
Maximum Site
-
wide Average
Residential Density (Dwelling
Units/Gross Acre)
(Per Figures 4B
-
4G in the
California
Airport Land Use Planning
Handbook)
0 0
Allow infill at up to the
average of the
surrounding
residential area.
Allow infill at up to the
average density of
comparable
surrounding uses
Allow infill at up
to the average of
the
surrounding
residential area.
No Limit (Noise and
overflight should be
considered).
Short
-
term lodging Facilities (≤ 30
nights): hotels, motels, etc.
(approx. 200 sq. ft./person)
X
X
C
C
C
P
Long
-
term lodging facilities (> 30
days):
extended
-
stay hotels,
dormitories, etc.
X
X
X
C
X
P
Single
-
family residential: detached
dwellings, duplexes, townhomes,
mobile homes
X
C
Zones 3 and 4:
Incompatible at
density > 9.0 units/ac
X
P
Multi
-
family residential: low
-
to
-
high density
apartments,
condominiums
X
X
Zones 3 and 4:
Incompatible at
density > 12.0 units/ac
X
P
X -
INCOMPATIBLE: Uses should not be permitted under any circumstances as they may expose persons to airport -
related safety hazards.
C
-
CONDITIONAL: Uses or activities that may be compatible with airport operations depending on their location, size, bulk , height, density,
and intensity of use. See notes below for conditional
criteria on specific land uses.
P
-
PERMITTED: Uses or activities are compatible with airport operations; however, these activities should be reviewed to ensure that they will not create height hazard obstructions, smoke, glare, electronic, wildlife attractants, or other airspace hazards. Noise, airspace protection, and/or overflight policies may still
apply.
Secondary units, as defined by state law, shall be excluded from density c alculations, and may be constructed on existing, non
-
conforming residential parcel
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
32 Transit Oriented Development Overlays
Development requirements for properties within close proximity to public transit centers, including BART, as identified on the Mission Boulevard Code, were modified to allow for an increase in residential density and adjusted height regulations. This overlay requires minimum densities and allows for higher density housing development than the base district, and therefore is not considered a constraint to the development of housing.
TOD Overlay 1, maximum 100 du/ac.
TOD Overlay 2, maximum 65 du/ac, 100 du/ac with a Major Site Plan Review.
Commercial Overlays
Two Commercial Overlays are implemented in the Mission Boulevard Code region. Figure D-1 and Figure D-2 show the commercial overlays in relation to the Mission Boulevard Code area. The commercial overlays are described as follows:
Commercial Overlay #1. Properties designated with a Commercial Overlay Zone 1 designation shall not be developed with residential units on the first or ground floor. Uses associated with the residential use, such as leasing office, community space, amenities, etc., are allowed on the ground floor. This requirement may be adjusted through the Major Site Plan Review Process. Commercial Overlay #2. Properties designated with a Commercial Overlay Zone 2 designation shall not be developed with residential units along the primary street frontage unless permitted with a conditional use permit.
Housing Constraints
33 Figure D
-
1 Mission Boulevard Code (Map 1 of 2)
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
34 Figure D-2 Mission Boulevard Code (Map 2 of 2)
Housing Constraints
35 Special Design Overlay District
s
The Special Design Districts are implemented in
areas within the City of historic
,
architectural
, or
unique
character in order to provide for conservation and compatible development.
“
B" Street Special Design Streetcar District
.
This district has some of the oldest housing in
Hayward. It consists of th
e five blocks of B Street from Grand Avenue, west of City Hall, to Meekland Avenue. Architecture and materials used in this district must be sympathetic to original Victorian, Colonial Revival, or Craftsman styles. Untrimmed openings, garish colors, and pl
ywood siding are generally not acceptable.
The Cottage Special Design District
.
This district is the smallest special design district, one block in length, along Montgomery Street. This overlay district allows a historic pattern of small lot, single
-
family
cottage development near town and transit which would otherwise be precluded by contemporary lot size, front setback, and parking requirements. The Cottage District development pattern was established before cars, and suits households with one or no motor
vehicles. New cottage development would need to continue the architectural themes of horizontal wood siding, hip or gable rooflines of medium pitch, and a front entry porch that is expansive relative to the size of the cottage.
A cottage
cannot
exceed 1,2
00 square feet of living
space.
The Cannery Special Design District
.
This district contains older industrial uses that are
surrounded by residential areas. The purpose of the Cannery Area Special Design District is to implement policies embodied in the Can
nery Area Design Plan. The Design Plan envisions
conversion of the industrial uses to commercial uses, residential uses, or mixed uses, as appropriate.
Mission
-
Garin Area Special Design District
.
This district ensures the orderly development of the
Mission
-
Garin Area. The clustering of residential development is encouraged in this area, with development located as to avoid geologic hazards, minimize grading,
and preserve significant
natural site features, such as rock outcroppings, nature trees, natural dra inage courses and
scenic views. Preferred hillside development includes clustering of dwelling units, whether single family or
multi
-
family
, separated by interconnected natural open space or greenbelt corridors.
Hayward Foothills Trail
.
This district ensures the orderly development of a continuous trail as properties involved in the 238 Bypass Land Use Study are developed. The d
istrict establishes the
general location for the trail as well as the standards and gui delines for establishing the trail.
The Trail is envisioned as a 16
-
foot
-
wide trail within a 20
-
foot wide area to accommodate
multiple users. Where the trail
crosses
individual properties, it is envisioned to be developed in a location which will maximize
the future development potential of the property. Residential development adjacent to the trail
must
maintain at least a 10
-
foot setback from the edge of the
trail, where feasible.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
36 Development Standards Analysis
Density
Hayward’s Zoning Districts provide for a range of residential densities. The RS, RNP, RM, RO, CC-C, CC-R, CC-P, A, MB-CN, and MB-NN districts allow single-family development (Table D-13 and Table D-14), and, with the implementation of SB 9, allow two units per lot and allows a lot split if lots have a minimum of 1,200 square feet. Because two units are allowed on each lot, a lot split can occur and the original lot would permit four units. One ADU would also be permitted on each of the two lots.
The RM, RH, RO, SMU, CO, CC-R, MB-CN, MB-NN, MB-CC districts allow multi-family development by right with densities ranging from 8.7 to 75 units per acre. The CN-R, CB, CC-C, MB-CN, MB-NN, and MB-CC districts allow multifamily development with conditional use permits. Density ranges in the city do not constrain residential housing development.
Lot Standards
Lot standards for each zoning district are shown in Table D-15. Lot standards vary between district and are intended to allow a range of development types and intensities. The smallest lot standard allowed is 5,000 square feet in the RS district, which allows potentially up to four units, as described above. Many of the higher-density districts do not have minimum lot areas, and allow no or minimal setbacks. Lot standards do not pose a potential constraint to development of housing in terms of the number of units permitted, cost of development, feasibility, or ability to achieve maximum densities.
Height Limits
Height limits are generally intended to maintain consistency within an area and compatibility between adjacent buildings. The maximum height in lower-density zoning districts (RS and RNP) is 30 feet. Higher-density districts have maximum building heights of at least 55 feet, but many allow heights up to 104 feet. Height limits in the Mission Boulevard Form Based Code are up to six stories, and in the Downtown Specific Plan, height limits increase with increased density up to 124 feet.
Height requirements do not pose a constraint to development.
Open Space Requirements
Multi-family and mixed-use developments in the RM and RH Districts and in the Downtown Specific Plan and Mission Boulevard Codes shall provide minimum open space comprised of common open space and/or private open space on a per-unit basis. Open space requirements in these zoning districts typically range from 100 to 350 square feet per unit depending on the type of development.
Common open space can be provided as playgrounds, pools, or other on-site recreational amenities and private open space can be provided on balconies or patios.
Parking Standards
According to the Terner Center for Housing Innovation at UC Berkeley, parking can cost $25,000 to $75,000 per space to construct. However, given the age of data and the increased cost of land and construction costs discussed above, the costs per parking space are likely much higher.26 Parking provided in underground or structured parking facilities, or if required to be covered or enclosed,
26 Terner Center for Housing Innovation at UC Berkeley, 2016. Available at: http://ternercenter2.berkeley.edu/proforma/ Housing Constraints
37 can significantly increase the cost of housing and could affect the feasibility of various housing projects in the city.
In addition, requirements for parking space locations and maximum distances from dwelling units may also increase the cost of housing and affect the feasibility of housing projects.
Requiring less parking not only reduces the project budget but can allow f or more space to
build
additional
housing units.
Parking requirements for residential uses and Zoning Districts in Hayward are summarized in
Table
D-
17 and
Table
D-
18 .
The City offers many opportunities for reducing parking for affordable and market -
rate units in
areas which can support a pedestrian
-
oriented style of development
(s
ee
Reductions in Parking
Standards
, below)
.
Hayward’s
parking requirements do not present a constraint to the development of housing, but to ensure parking standards don’t present a constraint to adaptive reuse, through implementation of
A
ction 1
2 .1 and
19 .2
in the Housing Plan, the City will evaluate its current parking standards for adaptive reuse
and special needs populations
.
Table
D-17 Parking Requirements by Residential Use Type
Use
Off
-
Street Parking Spaces Required
Single Family Dwellings
(RS)
Standard single family dwelling unit
2.0 covered per dwelling unit
If a lot abuts a public or private street that has no
parking lane on either side of the street or is posted
for no
parking on both sides of the street.
2.0 covered per dwelling unit plus 2.0 open per dwelling unit, which shall not block access to the covered parking
If a dwelling with a single car garage was built prior to March 24, 1959
1.0 covered per
dwelling unit
Multiple
-
Family Dwellings
(RM
)
Studio
1.0 covered and 0.50 open per dwelling unit
One
-
bedroom
1.0 covered and 0.70 open per dwelling unit
Two
-
bedroom
1.0 covered and 1.1 open per dwelling unit
Mobile Home
2.0 per mobile home space, plus 1.0 guest parking space per three mobile home spaces within a mobile home park
Accessory Dwelling Unit
Parking requirements for Accessory Dwelling Units are
established in Government Code Section
65852.2.
Junior Accessory Dwelling Unit
No parking may be required for Junior Accessory Dwelling Units pursuant to Government Code Section
65852.22.
Boarding,
rooming and transient homes, sleeping
accommodations of clubs and lodges, and dormitories,
including those of clubs, lodges, fraternitie
s, and
sororities
1.2 for each occupant based on capacity as designed
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
38 Table D-18 Parking Requirements by Zoning District
Zoning
District
Location (Distance from ROW/Lot Line) (ft.)
Front Street Side Side Rear
Curb Cut or Parking
Driveway Width (ft.)
Off-Street Parking Spaces
Required for Residential Uses
Downtown Specific Plan Development Code
NE 40 10 5 5 14 1 per unit, or 1/500 sf,
whichever is less. No off-street
parking required for accessory
structure(s).
NG 40 5 0 5 ≤ 40 spaces 14' max.
> 40 spaces 18' max.
1 per unit, or 1/500 sf,
whichever is less. No off-street
parking required for accessory
structure(s).
UN 40 5 0 5 ≤ 40 spaces 14' max. >
40 spaces 18' max.
1 per unit, or 1/500 sf,
whichever is less. No off-street
parking required for uses in
accessory structure(s).
DT-MS 40 5 0 0 ≤ 40 Spaces 14' max. >
40 Spaces 18' max
1 per unit, or 1/500 sf,
whichever is less. No off-street
parking required for uses in
accessory structure(s).
UC 40 5 0 5 ≤ 40 spaces 14' max. >
40 spaces 18' max.
1 per unit, or 1/500 sf,
whichever is less
Mission Boulevard Code
MC-CN 30 5 5 5 n/a There is no requirement for a
minimum number of off-street
automobile parking spaces.
MB-NN 40 5 5 5 n/a There is no requirement for a
minimum number of off-street
automobile parking spaces.
MB-CC 40 5 5 5 n/a There is no requirement for a
minimum number of off-street
automobile parking spaces.
MB-CN: Mission Boulevard Corridor Neighborhood
MB-NN: Mission Boulevard Neighborhood Node
MB-CC: Mission Boulevard Corridor Center
NE: Neighborhood Edge
NG: Neighborhood General
UN: Urban Neighborhood
DT-MS: Downtown Main Street
UC: Urban Center
Reductions in Parking Standards
There are several provisions for specific areas in which the parking requirements for residential uses can be reduced. Section 10-2.402 of the Zoning Ordinance allows for administrative approval of an off-site parking plan. Section 10-2.404 allows for a 15 percent reduction in parking requirements for multifamily uses, when public rail transportation is located within 1,000 feet of the project site.
In the Central Parking District, parking for residential uses must be provided on-site but limited per Section 10-2.412 to one covered space and 0.50 open space per dwelling unit, and 0.5 space per Housing Constraints
39 dwelling unit for multifamily dwellings for the elderly .
An in
-
lieu fee may be paid for projects in the
Central Parking District as an alternative to providing on -
sit
e parking.
In t
he Downtown Core Area Specific Plan, the residential parking requirement may be reduced
to a
minimum of 1.0 space
per
dwelling unit,
if the
aggregate parking supply for all residential units
is
1.5 spaces per dwelling.
Parking may be provid
ed off site.
In the Cottage District, only
one
space is required per cottage, and alternative means of meeting that requirement are available. Double
-
car garages are prohibited.
State Density Bonus Law allows
for significant reductions in parking requirements for affordable housing
projects
meeting the requirements of the Density Bonus
L
aw. No parking requirements may
be imposed for 100 percent affordable housing projects near major transit stops. Other project s
containing a percentage of affordable units near transit are subject to no more than one -
half space
per unit. For all projects meeting the minimum Density Bonus Law standards, no more than 1.5 spaces per two
-
and three
-
bedroom units.
Affordable
Housing
Incentives
and Opportunities
Density Bonus
California
Density Bonus Law (Government Code Section 65915)
requires jurisdictions to provide
density bonuses and development incentives to developers who propose to construct housing units
that are affordable t
o lower
-
and moderate
-
income households.
During community outreach
sessions, local developers have reported that the Density Bonus Ordinance is utilized to develop better projects with more units due to decreased parking requirements, increased height, or no
private storage requirement.
T
herefore, t
his ordinance is not considered a constraint to the
development of housing units.
The City adopted a Density Bonus Ordinance in 2005.
The ordinance (Section 10
-
19) is not
consistent with current state law, and an
update to the ordinance is
currently
in process (Program
H
-
8 )
.
U
ntil it is complete, the City defaults
to
State
Density Bonus Law.
1.3.3 Building Code
In addition to land use controls,
the enforcement of
local building codes also
affects
the cost of
housing. H
ayward adopted the following codes which are mandatory throughout California:
2019 California Building Code (Volumes 1 and 2)
2019 California Residential Code
2019 California Electrical Code
2019 California Plumbing Code
2019 California
Mechanical Code
2019 California Energy Code
2019 California Green Building Standards Code (CalGreen) (no CalGreen tiers are adopted locally)
The City complies with the 2019 Edition of the California Building Code (CBC) as adopted (and amended) by reference
in the Zoning Ordinance.
The Building Code is updated every three years.
L
ocal amendments
to the Building Code that are contained
in the Zoning Ordinance are related to
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
40 increasing structural stability and strength in case of a seismic episode, including quality control for concrete footings and wall bracing materials and fire safety and automatic sprinkler systems. While the incorporation of these measures may raise the cost of construction, these standards are necessary to prevent much more costly damage related to a potential seismic or fire episode. No restrictions or amendments were adopted that are a constraint to the development of housing.
Enforcement of the CBC is required by California law and does not constrain the production or improvement of housing in Hayward.
Reach Code
The Hayward Reach Code is a local Green Building Ordinance adopted in early 2020 that prohibits natural gas use in newly constructed low-rise (three or fewer stories) homes. This gas ban also applies to detached ADUs that are over 400 square feet. For high-rise residential, and commercial projects, there is a mixed-fuel option that allows gas if other efficiency measures are met. The Reach Code also expands the requirements in CalGreen for EV charging infrastructure.
In accordance with Section 10-106 of California’s 2019 Energy Code, to adopt a reach code, a local government agency needs to make findings on the cost effectiveness of the proposed local energy standards. To be cost effective, the money saved from the reduced energy costs needs to be enough to cover the initial cost within a reasonable period of time. 27 Affordable housing developers have
requested exemptions from certain requirements in Hayward’s Reach Code. The additional cost associated with meeting the Reach Code requirements is a constraint to the development of affordable housing. Updates to the Reach Code will be adopted in 2023 in conjunction with the Building Code Update and may adjust requirements for affordable housing.
Code Enforcement
The City’s Code Enforcement Division is responsible for investigation and enforcement of all Zoning and Building Code violations related to property maintenance, public nuisances, zoning/land use violations, substandard rental housing, commercial signage, graffiti, etc. The division also monitors the graffiti abatement and shopping cart removal contracts. The Zoning Code sets the standards for enforcement, and the Code Enforcement Division uses education, administrative citations, and the filing of criminal complaints to ensure that these standards are maintained. Code enforcement practices are not considered a constraint to the development of housing.
In July 2020, the Council enacted the Tenant Relocation Assistance Ordinance (TRAO). Under the TRAO, landlords may owe relocation assistance to tenants displaced due to health and safety concerns or substantial repairs. The TRAO also enables the City to make relocation assistance payments to tenants when the landlord fails to pay required assistance. The City can then recover the costs from the landlord. The City’s Housing Division works closely with the Code Enforcement Division, Fire Department, and Building Division to identify cases and determine eligibility for relocation assistance. Since July 2020, the City has worked on approximately 20 cases with a Code Enforcement violation. Additionally, Council authorized the use of $250,000 in American Rescue Plan funds for an Emergency Relocation Assistance Program to provide financial assistance grants to low-income households displaced through natural disaster, such as a fire. Since implementing the program in March 2022, 14 eligible households have received a total of $107,262 in assistance through this program.
27 Cost Effectiveness Explorer. Available: https://explorer.localenergycodes.com/jurisdiction/hayward-city/study-results/3- PGE?exclude_study_ids=25,22,19,1,2
Housing Constraints
41 1.3.4
On
-
and Off
-
Site Improvements
Pursuant to the Municipal Code
, all new development shall install frontage improvements, utilities and other on
-
and off
-
site improvements to ensure safe, clean development that is connected to the City’s utility and street inf
r
astructure. As conditions of approval, Hayward requires ho using
developers to construct various on
-
and off
-
site improvements
related to
roadways
, utilities, and
stormwater control
as
described below.
Infrastructure Improvement
s
All new development shall construct
on
and off
-
site infrastructure improvements to be
constructed
by the builder in accordance with City standards. Improvements include:
The construction of curbs, gutters, sidewalks, street lighting, and street paving to meet the existing street pavement;
Construction of or contribution to Transportation
Demand Management (TDM) measures and
bicycle/pedestrian improvements consistent with the City’s Bicycle and Pedestrian Master Plan and Complete Streets Policy;
Undergrounding existing overhead wires;
The dedication of land, payment of an in
-
lieu fee, or
a combination of both for park and
recreational purposes; and
The construction of water, sewer, storm drainage, and utility systems.
Completed
on
-
site
improvements are typically dedicated to the City or privately maintained by a Homeowners Association. Th
e City has not adopted any requirements above and beyond those authorized by the state Subdivision Map Act. Site improvement requirements on small infill sites, where interior streets are not required, are usually minimal. Such projects typically include c urb and
gutter replacements, street tree planting, sidewalk repair, TDM and bicycle and pedestrian improvements to connect to the City’s network and sometimes utility undergrounding. The City’s site improvement requirements do not pose a development constr aint, since the conditions
required by Hayward are no greater than conditions
implemented
throughout Alameda County.
Stormwater Control and Landscaping/Tree Preservation Ordinance
All new development that will create or replace 5,000 square feet or more o f impervious surface
must comply with Hayward Municipal Code Section 11.5
-
38 and the California Regional Water
Quality Control Board San Francisco Region Municipal Regional Stormwater NPDES Permit (San Francisco MS4 Permit). These regulations require new d
evelopment
to
set
aside
land on site to
retain and treat stormwater on site to reduce impacts related to off -
site erosion and drainage of
pollutants to the Bay.
This is a region
-
wide requirement and applicable throughout Alameda and
surrounding counties with drainage to the Bay.
All new development must also comply with the City’s Tree Preservation Ordinance (Hayward Municipal Code Chapter 10, Article 7), which r
equires preparation of an Arborist Report to
document all trees on site to determine if they are “protected.” If deemed protected, the applicant shall retain Tree Removal Permits and replace the protected trees with trees that are of equal or greater value
. To the greatest extent possible, replacement trees shall be located on site but
the
City has allowed off
-
site mitigation in certain circumstances. All Zoning Districts
also
include
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
42 minimum landscaping standards which require installation of street trees along frontages, parking lot trees for multi-family or mixed use development and landscaping along required yards.
While provision of on-site stormwater control areas, tree, landscaping and open space and recreational amenities may be considered a constraint, they also encourage shade cover, healthy and active lifestyles, and a more livable environment for residents. Applicants can use the Density Bonus process to apply for concessions or waivers from required landscaping or recreational improvements, but the benefits outweigh the costs of this constraint.
1.3.5 Historic Preservation
The protection, enhancement, perpetuation, and use of structures and districts of historical and architectural significance located within Hayward are of cultural and aesthetic benefit to the community. The economic, cultural, and aesthetic standing of the city will also be enhanced by respecting the heritage of the city. The City’s Historic Preservation Ordinance, updated in 2009, is intended to:
Designate, preserve, protect, enhance, and perpetuate those historic structures, districts, and neighborhoods which contribute to the cultural and aesthetic heritage of Hayward; Foster civic pride in the beauty and accomplishments of the past; Stabilize and improve the economic value of certain historic structures, districts, and neighborhoods;
Develop and maintain appropriate settings for such structures; and Enhance the visual and aesthetic character, diversity, and interest of the city.
All development permit applications affecting a historical structure or site, those over 50 years old or located within a historic district, are to be reviewed by the Planning Director. Additions and/or alterations will be approved and issued either a Minor (valuation less than $10,000) or Major (valuation of $10,000 or more) Historical Alteration Permit as long as they do not adversely affect the exterior architectural characteristics or the historical or aesthetic value of the historical structure or site, and as long as they comply with the Secretary of the Interior Standards for the Treatment of Historic Properties. The Planning Director will review all development permit applications for proposed new construction and alterations that may substantially affect the style, scale, or bulk of a historic district or site.
The City prepared the Historical Resources Survey and Inventory Report in 2010 to identify historical properties in Hayward and completed an updated resources survey in 2013 as part of a General Plan Update. Hayward includes 20 historic buildings identified by the City and one building listed on the National Register of Historic Places. The City also has four historic districts: the Marks Historic Rehabilitation District, the Upper B Street Historic District, the B Street Historic Streetcar District, and the Prospect Hill Historic District. Due to the limited number of parcels from the sites inventory located within a historical resources area, historic preservation requirements are not considered a constraint to the development of housing.
Housing Constraints
43 1.3.6
Development
Review & Impact
Fees
All housing projects
are subject to a variety of fees and exactions to process permits and provide necessary services and facilities allowed by
S
tate law. These
costs
can be a constraint to the
maintenance, improve
ment, and development of housing because the additional costs borne by developers contribute to overall increased housing unit cost. However, development review
fees are
necessary to maintain adequate
staffing
services and other public services and facilit
ies in the city.
Impact fees are required to offset the cost of provision of public services and include
sewer and
water connection fees and park, affordable housing,
traffic,
and school impact fees
.
Entitlement Fees
–
Development
Review
Planning and d
ev
elopment review
fees are
necessary
to
fund staff
review
of
development
applications
for consistency with
the General Plan, Zoning Ordinance
,
and other local,
state
,
and
environmental laws.
All Planning, Building and
Engineering
related development review f
ees are in
the City’s adopted Master Fee Schedule and are updated on an annual basis. 28 The first step in the development review process is obtaining an “entitlement” and related environmental review.
For Planning entitlements, a
pplicants
provide
an initial deposit
depending on
the entitlement type (Site Plan Review, Zone Change, Tentative/Parcel Map, use permit or other application)
and then are charged on a time and material basis.
Hayward outsources all
environmental review to environmental cons
ultants who prepare environmental studies and other
CEQA
-
related documents. A typical Initial Study, Mitigated Negative Declaration with related environmental studies cost between $80,000 and $150,000 to prepare depending on the number of studies (Transpor
tation, Air Quality, Noise, Health Risk Assessment, among others). The Planning Division does not add an administrative or other charge to CEQA consultant fees. Planning approvals are considered “entitlements.”
Following Planning approvals, applicants subm
it
Improvements Plans and Grading Permits and
Utility Plans. The City will also accept concurrent
Building Permit applications which consist of
detailed construction
-
level plans.
Engineering and
Building Division fees are necessary to fund staff
review of
building permit
applications
with Building Code, Reach Code, Municipal Code, Fire
Code,
and other laws
.
Development review
add
s
to the cost of a development and
contribute
s
to overall increased
housing unit cost. However,
these
fees are necessary to
provi
de for the timely and thorough review
of development applications and to
maintain adequate planning services.
Table
D
-
22 shows
associated fees for development review.
28 City of Hayward.
Adopted
Master Fee Schedule Fiscal Year 202
3 . Available:
https://hayward
-
ca.gov/sites/default/files/documents/Adopted
-
FY
-
2023
-
Master
-
Fee
-
Schedule.pdf
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
44 Table D-19 Development Review Associated Fees
Action/Activity Fees
Administrative Use Permit Processed Administratively Direct Cost $2,000 deposit Involving Public Hearing Direct Cost $6,000 deposit
Appeal
By Non-Applicant $400
By Applicant Direct Cost $6,000 deposit
Conditional Use Permit (CUP)/Variance
CUP Direct Cost $6,000 deposit
Variance/Warrants/Exceptions Direct Cost $6,000 deposit Administrative Variance/Warrants Direct Cost $2,000 deposit Environmental Review
Environmental/Technical Analysis Direct Cost $5,000 deposit Initial Study/Environmental Impact Report (EIR) Direct Cost, based on scope Planned Development)/Development Agreement
Rezone to Planned Development Direct Cost $12,000 deposit Planned Development Modification/Precise Plan Direct Cost $6,000 deposit Development Agreement Direct Cost $12,000 deposit
Development Agreement Amendment Direct Cost $6,000 deposit Development Agreement Annual Review Direct Cost $1,000 deposit Conceptual Development Review/Pre-Application
First Meeting Free/ Subsequent Meetings $328/hour
SB 330/SB 35 Housing Project $Direct Cost $1,000 deposit Modification of Approved Plan
Processed Administratively Direct Cost $2,000 deposit
Involving Public Hearing Direct Cost $6,000 deposit
Site Plan Review
Processed Administratively Direct Cost $2,000 deposit
Involving Public Hearing Direct Cost $6,000 deposit
Tentative Map/Subdivision/Condominium/Annexation
Processed Administratively Direct Cost $4,000
Involving Public Hearing Direct Cost $6,000 deposit
Lot Line Adjustment/Certificate of Merger Direct Cost $4,000 deposit
Annexation Direct Cost $15,000 deposit
Zone Change/General Plan Amendment/Specific Plan
Zone Change/Code Amendment Direct Cost $12,000 deposit
General Plan Amendment Direct Cost $12,000 deposit
Specific Plan/Amendment Direct Cost $12,000 deposit
Housing Constraints
45 Action/Activity
Fees
Plan Check for Building Permit*
R-
1 Residential, hotels
Construction Type 1A $213.57/square foot
R-
2 Residential, multi
-
family
Construction Type 1A $179.08/square foot
R-3
Residential, one and two family
Construction Type 1A $166.95/square foot
R-
4 Residential, care
Construction Type 1A $211.79/square foot
Planning Review Fee
35% of Building Inspection Fee
Fire Review Fee
35% of Building Inspection Fee
Hazardous
Materials Review Fee
$165 per hour
Solid Waste Review Fee
$80 flat rate
Building Plot Plan Review Fee (applies to production
homes)
$294 flat rate per plot
Planning Plot Plan Review Fee (applies to production
homes)
$491 flat rate per plot
Fire Plot Pl
an Review Fee (applies to production homes)
$110 flat rate per plot
Building Inspection Fees
$1 to $500
$29.77
$501 to $2000
$29.77 for the first $500 plus $3.87 for each additional $100 or fraction thereof, to and including $2000
$2,001 to
$25,000
$87.82 for the first $2000 plus $17.74 for each additional $1000 or fraction thereof, to and including $25,000
$25,001 to $50,000
$495.68 for the first $25,000 plus $12.80 for each
additional $1000 or fraction thereof, to and including
$50,000
$5
0,001 to $100,000
$815.70 for the first $50,000 plus $8.87 for each
additional $1000 or fraction thereof, to and including
$100,000
$100,001 to $500,000
$1259.15 for the first $100,000 plus $7.09 for each
additional $1000 or fraction thereof, to and inclu
ding
$500,000
$500,001 to $1,000,000
$4097.18 for the first $500,000 plus $6.02 for each
additional $1000 or fraction thereof, to and including
$1,000,000
$1,000,001 and up
$7109.14 for the first $1,000,000 plus $4.00 for each
additional $1000 or fractio
n thereof
Fire Inspection Fee
$221
Hazardous Materials Inspection Fee
$330/inspection
Planning & Landscape Inspection Fee
$212
Technology Fee (applies to all building permits)
9% of Building Inspection Fee
Policy Planning Fee (applies to all
building permits)
16% of Building Inspection Fee
*
Building Permit Plan Check fees are calculated by valuation, defined as the fair market value or materials and labor for the work as
shown in the ICC Valuation data table with regional construction cost mo difier for the San Francisco Bay Area of 16%. Valuation for tenant improvements, residential remodels, and other projects that do not involve new square footage shall be a minimum of 60% of the cost per square foot in the tables by construction type. Source:
–
City of Hayward Adopted FY2023 Master Fee Schedule.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
46 The permit processing fees depend upon the specific zoning approval required and the type of project or construction. Planning fees are based on a fixed fee or direct cost, such as staff time plus overhead. City Planners are available to identify the approvals that may be required for a project.
When a Planning permit is required for a project, approval of the Planning permit is required before a building permit can be issued.
Development/Impact Fees
Development fees are assessed after a project entitlement is completed, and when building permit applications are submitted. Development (or “impact”) fees are required to offset the cost of provision of public services and include sewer and water connection fees and park, affordable housing, traffic, and school impact fees.
Utility Fees
Developers must pay for new or upgraded sewer and water connection fees to ensure that new development is safely connected to the City’s or service provider’s systems. Utility fees are assessed on each new residential development according to unit counts and number of connections as detailed in Table D-20. Per State law, allowances in design (i.e. master water meter rather than individual water meters), which lead to fee reductions are permitted for affordable housing and for ADUs within existing homes and those under 750 square feet in size.
Housing Constraints
47 Table D-20 Sewer and Water Fees
Sewer System Connection Charge
Single Family, duplex, triplex, and fourplex residential, townhouses
and planned developments
$7,700/connection
ADUs (new construction >150 sq. ft.), high density residential, mobile homes
$6,853/connection
Single Family, duplex, triplex, and fourplex residential, townhouses
and planned developments
$7,700/connection
ADUs (new construction >150 sq. ft.), high density residential, mobile homes
$6,853/connection
Water Services*
Meter Installation Fees
ADU (conversion or construction >150 sq. ft.)
$200
5/8” to 1” (inclu
des new ADU)
$3,500
1”x1½”
$4,140
1½”x1½”
$4,580
1½”x2”
$4,580
2”x2”
$4,870
Larger than 2”x2”
Actual cost of labor, materials & equipment
Meter Facilities Fees
ADU (conversion or construction >150 sq. ft.)
$3,246
5/8” meter (includes new
ADU)
$6,484
3/4” meter
$9,730
1” meter
$16,210
2” meter
$51,870
3” meter
$103,740
4” meter
$162,100
6” meter
$324,200
8” meter
$518,720
10” meter
$745,660
Fire Service, per service regardless of size
$6,484
*
For multi
-
family complexes, the facilities fee will be based on the water meter size required to meet the indoor demand for each dwelling unit, as determined by the City regardless of the arrangement of water meters or meter sizes at the premises.
Park Impact Fees
Park Impact fees are assessed for market rate development based on bedroom count as detailed in Table
D-
21 below.
The City waives the park impact fee for projects for
seniors
or disabled
persons
owned by or leased to a public agency for at least 20 years, for rental projects owned by non -
profit
corporations for households with incomes at or below 120 percent of the area median income, for ownership projects developed by a public agency or non
-
profit developer for households with
incomes at or below 120 percent of the area median income, subject to certain affordability agreements, and for convalescent hospitals, nursing homes, and rest homes. In addition, park impact fe
es are reduced by half for rental housing projects owned by for profit corporations for households with incomes at or below 120 percent of the area median income, ownership housing developed by a private developer which is affordable in perpetuity to homeb uyers with incomes at
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
48 or below 120 percent of the area median income, and for on-site affordable units, as defined and required by the Affordable Housing Ordinance.
Table D-21 Park Fees
Park Impact Fees
ADU >750 square feet $3,453
Studio/0 Bedroom Unit $3,453
1 Bedroom Unit $5,407
2 Bedroom Unit $9,753
3 Bedroom Unit $17,034
4 Bedroom Unit $23,694
Affordable Housing Ordinance and Fees
The City adopted an Affordable Housing Ordinance in 2003. The Ordinance and accompanying fees were updated in 2017 and the City is embarking on another update in 2022.
The City’s Affordable Housing Ordinance requires that all future residential development projects consisting of two or more dwelling units contribute to the production of residences that are affordable to extremely low-, very low-, low-, and moderate-income households. The Ordinance, which supports housing objectives in state law, requires that developments set aside a certain percentage of housing on site for lower income households or to pay an in lieu fee that is tied to the square footage of the development. Residential development project applicants shall satisfy one of the following options:
Pay an affordable housing in-lieu fee (deposited into the Affordable Housing Trust Fund). Include on-site for-sale or rental affordable units.
Construct affordable units not physically contiguous to the development (off-site) if approved by the appropriate Decision-Making Body.
Propose additional alternatives not listed in the Affordable Housing Ordinance if approved by the Decision-Making Body.
In an Ownership Residential Project, provide rental affordable units.
The in-lieu fees generated by compliance with the Ordinance provides for an Affordable Housing Trust Fund which must be used to increase the supply of housing affordable to moderate-, low-, very low-, or extremely low-income households in the City. According to the 2022 Master Fee Schedule, the Affordable Housing Fees are $16.35 per square foot of habitable space for high density condominiums (35 units per acre or more), and $19.82 per square foot of habitable space for all other dwelling unit types.
29 For Park Impact fees, please see Attachment 1, page 22.
Traffic Impact Fees
The City recently adopted Traffic Impact Fee (TIF) to help mitigate the cumulative transportation impacts of growth. Improvements funded through the TIF will fund roadway and intersection improvements, pedestrian, bicycle, and complete streets improvements to support muti-modal transportation. Based on a feasibility analysis (referenced earlier in this document), the TIF will be
29 City of Hayward. Adopted Master Fee Schedule Fiscal Year 2023. Available: https://hayward- ca.gov/sites/default/files/documents/Adopted-FY-2023-Master-Fee-Schedule.pdf Housing Constraints
49 assessed on single family and townhome developments but will not be a ssessed on mu
lti-family
development. The adopted fee for single family development is $3,475 per unit which is approximately
70% less than the maximum allowable for that development type. For townhomes, the fee is $3,492 per unit which is approximately 55%
less than the maximum allowable for that
development type. Further, deed restricted affordable units are not subject to the TIF.
School Impact Fees
Hayward Unified School District charges impact fees for all new development. The fees are used for school
improvements and operations and are intended to
offset
the impacts of increased
enrollment. Developer Fees, which are assessed on a per square foot basis, are available on the website at
http
s://haywardusd
-ca.schoolloop.com/DeveloperFees
. There are no reductions for
affordable housing development
; however,
small projects (i.e. ADUs) under 750 square feet are
exempt from School Impact Fees.
Overall, the City’s current development impact fees have minimal impacts on overall development costs, given the high price of land in
Hayward
and the region.
Permit
Fees for a Typical Project
The permit processing fees depend upon the specific zoning approval required and the type of project or construction. Planning fees are based on a fixed fee or direct cost, such as staff time plus overhead. City Planners are available to identify the appro vals that may be required for a project.
When a Planning permit is required for a project, approval of the Planning permit is required before a building permit can be issued.
Table
D-
22 provides permit fees for a typical ownership and rental project prototypes. As shown on the table, ownership prototypes such as single -
family residences
($36,160 per unit), townhomes ($28,118 per units), and condos ($25,042) accrue highe r fees than
rental prototypes such as small multiplexes ($19,147 per unit), stacked flats ($24,966), 5 -
story wraps
($19,882), and 5
-
story podium projects ($20,465). As part of the Housing Element, the City will c
omplete a new feasibility study to determine
the appropriate on
-
site affordable housing
requirements and fees for rent and ownership of residential units that appropriately reflect market conditions
(Program H
-
6). Additionally, the City will create a “Package of Incentives” that identifies the benefits of providing on
-
site affordable housing which will include fee deferrals, waivers, and fee transparency (Program H
-
14).
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
50 Table D-22 Permit Fees for a Typical Unit
Ownership Prototypes Rental Prototypes
Single Family
Development Townhomes Condos
Small
Multiplex Stacked Flats
5-Story
Wrap
5-Story
Podium (TOD)
Number of Units 44 106 74 20 74 300 159
Address Assignment $9,702 $23,373 $5,659 $1,690 $5,659 $22,270 $11,907 Construction Improvement Tax $33,000 $79,500 $33,300 $9,000 $33,300 $135,000 $71,550 Administrative Fee Building Permit $6,468 $15,582 $147 $147 $147 $147 $147 Supplemental Building Cons $52,800 $127,200 $88,800 $19,200 $71,040 $288,000 $152,640 Building Permit Fee – – $44,721 $14,285 $50,721 $168,285 $112,225 Fire Inspection Fee $9,724 $23,426 $221 $221 $221 $221 $221 Fire Plan Check 35% – – $15,652 $5,000 $17,752 $58,900 $39,279 General Plan Update Fee (Policy fee) $20,744 $36,025 $7,155 $2,286 $8,115 $26,926 $17,956 Planning/Landscape Inspection Fee $9,328 $22,472 $212 $212 $212 $212 $212 Land Scape Multifamily – – $319 $319 $319 $319 $319
Planning Review Fee – – $15,652 $5,000 $17,752 $58,900 $39,279 SMIP Residential $1,929 $3,052 $2,913 $363 $3,333 $11,562 $7,638 State Building Standards Fee $616 $954 $417 $112 $477 $1,652 $1,092 Solid Waste Fee – – $80 $80 $80 $80 $80
Technology Fee $11,668 $20,264 $4,025 $1,286 $4,565 $15,146 $10,100 Plot Inspection Fee $129,649 $225,158 – – – – –
Building plot plan fee $12,936 $31,164 – – – – –
Fire Plot Plan Review Fee $4,840 $11,660 – – – – –
Planning Plot Plan Review Fee $21,604 $52,046 – – – – – Hazmat Fee – – – – – – –
Water System Facilities Fee $713,240 $1,031,380 $720,020 $129,680 $720,020 $2,919,000 $1,547,070 Water System Installation Fee $154,000 $371,000 $259,000 $7,000 $259,000 $105,000 $55,650 Sewer connection fee $338,800 $816,200 $569,800 $137,060 $569,800 $2,055,900 $1,089,627 Irrigation Water Meter $20,000 $30,000 $25,000 $10,000 $25,000 $37,000 $37,000 Fire Service $20,000 $30,000 $30,000 $20,000 $30,000 $30,000 $30,000 Fire hydrant $20,000 $30,000 $30,000 $20,000 $30,000 $30,000 $30,000 Total $1,591,048 $2,980,457 $1,853,094 $382,940 $1,847,514 $5,964,519 $3,253,992 Fees Per Unit $36,160 $28,118 $25,042 $19,147 $24,966 $19,882 $20,465
Housing Constraints
51 1.3.7
Permit Procedures and Processing Timeframes
The processing time needed to obtain development permits and required approvals is commonly cited by the development community as a
constraint
.
L
engthy processing tim
es
, unclear permitting
procedures, layered reviews, multiple discretionary review requirem ents, and costly conditions of
approval can contribute to the high cost of housing.
30 In Hayward, the time between application
submittal to project approval d
epend
s
on the magnitude and complexity of the development
proposal. Factors that can affect the le
ngth of development review on a proposed project include rezoning or general plan amendment requirements, the requirement to hold a public hearing, whether a project requires
environmental review. (See Section 3.4 for more information on environmental cons
traints.)
The Permit Streamlining Act governs the processing time for planning applications, although the applicant can waive these time limits. The length of processing time also depends upon the knowledge, expertise, and
expertise
of the
applicant’s
dev
elopment team and their ability to
prepare plans in accordance with City requirements, make timely submissions (and resubmissions), and revise plans based on feedback received.
Because the City does not require a public hearing for many types of residentia l development
projects, there is
a fair amount of
certainty in the City’s development review
processes
and
outcome.
A typical new single
-
family development that complies with zoning requires a Building
Permit or Site Plan Review
, reviewed by planning staff
or
the
Planning Director
. A typical new multi
-
family development that complies with zoning requires a
Site Plan Rev
iew
, reviewed by planning
staff
or
the
Planning Director
.
Most residential projects are approved either administratively or through the Board of Zoning Adjustments and do not require a subsequent public hearing before the City Council unless appealed. Fo
r these reasons, projects are unlikely to be delayed or more costly to develop due to the design review process.
P
ermit processing times in Hayward are comparable to neighboring cities such as San Leandro
and are not considered a constraint to development.
The City’s current site
plan review process is not considered a constraint to housing development . Through Program H
-
16,
t
he City will continue to explore efforts to reduce constraints to development and streamline development review
.
Permit Types
Planning Entitlement
–
Development Application
A development application is required for any of the following: administrative use permits, conditional use permits, general plan amendments, lot line adjustments, lot mergers, parcel/final maps, site plan re
views, tentative maps, variances, and zone changes. Approval of these development applications are referred to as Planning
E
ntitlements and
,
once approved
,
allow the
applicant to submit for improvement plans and building permits.
C
ONCEPTUAL
D
EVELOPMENT
R
EV
IEW
The City offers a free Conceptual Development Review as a courtesy before an applicant submits a formal application. The developer and professional consultants submit a preliminary set of plan s
30 California Department of Housing and Community Development. 2021. Available:
https://www.hcd.ca.gov/community
-
development/building
-
blocks/constraints/processing
-
permitting
-
procedures.shtml
. Accessed October 28, 2021
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
52 and the applicant, architects, and engineers receive feedback from planning, building, fire, traffic, engineering, utilities, and any other City staff who may be likely to work on the project. This process gives developers the opportunity to meet those likely to work on the project and learn about requirements and potentially significant issues in the preliminary plans. This also gives staff the opportunity to learn about and gain familiarity with proposed projects in the pipeline, which can reduce the amount of time it takes to review plans once they are submitted. Through this process, the Development Review Team, which is composed of representatives from each department, discuss the codes and other regulations that pertain to the proposed project and make suggestions that, if accepted by the developer, can reduce application processing time and may, subsequently, reduce development costs. Feedback from developers has been very favorable about the utility of Permit Center informal feedback, Conceptual Development Review application and meetings, and subsequent Code Assistance meetings (more detailed follow up with Fire, Hazardous Materials, and Building) and related improvements in processing time and activities. These processes are intended to remove potential constraints associated with the processing of permits for housing development.
Time Frame: 30 days
Hearings: None
Findings: None
Cost: First meeting is free; subsequent meetings are $328 per hour.
G
ENERAL PLAN AMENDMENT AND ZONE CHANGE
Projects that are not consistent with the General Plan or Zoning Ordinance may require approval of a General Plan Amendment or a Zone Change. Approval of these types of proposals is discretionary, subject to CEQA, and require public hearings before the Planning Commission and City Council.
Time Frame: 12-18 months
Hearings: Required two public hearings – one with Planning Commission and one with City Council Findings: Findings for General Plan, Zoning Map and Text Amendments are set forth in Hayward Municipal Code Section 10-1.3425(b):
Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward; The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans;
Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified; and
All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
Cost: Direct Cost with $12,000 deposit, Environmental Analysis based on scope of services Housing Constraints
53 C
ERTIFICATE OF
M
ERGER
A certificate of merger is
a ministerial process that is
required where two or more adjacent parcels
are merged to create one parcel.
Parcels must be under common ownership.
All parcels
must be
under common ownership and title must be held in a similar manner for each parcel.
The Planning
Director may approve a Certificate of Merger or refer it to the Planning Commission. Approval of a complete application is generally complete within four to six weeks.
Time Frame:
4 -
6 weeks
Hearings:
No public hearings; processed administratively
Finding
s:
None
Cost:
Direct Cost with $4,000 deposit
V
ARIANCES
/A
DMINISTRATIVE
V
ARIANCES AND
M
INOR
M
ODIFICATIONS
An applicant must request a
variance when
seeking
an exception to specific requirements of the
Zoning Ordinance, Parking Regulations, and Sign
Regulations
, if those requirements would
result in a
hardship due to physical conditions of a property.
The Planning Director or the Planning Commission
acts on variance requests.
Administrative action on a variance request takes place two
to
four
weeks
af
ter the application is deemed complete
; additional time is necessary
if Planning Commission
review is
required
.
Minor deviations from the Code (reduced setbacks, minimum lot size, reduced open space and other standards) are considered Minor Modifications
and may be processed administratively per
Hayward Municipal Code Section 10
-
1.2830 (City
-
wide); Section 10
-
24.4.040 (within the Mission
Boulevard Code area), and Section 10
-
28.5.2 (within the Downtown Specific Plan area).
Time Frame:
6 -
12 months for Vari
ance; 4
-
7 months for Administrative Variance/Minor Modification
Hearings:
One public hearing with Planning Commission; no public hearings required for Administrative Modifications
Findings:
Findings for Variances are set forth in Hayward
Municipal Code Section 10
-
1.3325:
There are special circumstances applicable to the property including size, shape, topography, location, or surroundings, or other physical constraints.
Strict application of the Zoning Ordinance deprives such property of p rivileges enjoyed by other
property in the vicinity under the same zoning classification.
The variance does not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property
is situated.
Cost
:
Direct Cost with $6,000 deposit for Variance;
Direct Cost with $2,000 deposit for Administrative Variance
& Minor
Modification
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
54 SUBDIVISION MAP APPLICATION
A subdivision map application is required in order to subdivide a property into multiple parcels, to create condominiums, to convert existing rental units into condominium units, or to convert a dwelling to a stock cooperative. Tentative tract maps are required for all subdivisions that result in creating five or more parcels or condominiums. Subdivisions resulting in four or fewer parcels require a tentative parcel map.
Tentative tract maps are acted upon by the Planning Commission. Tentative parcel maps may be approved administratively by the Planning Director. The process takes approximately three to four months after an application is deemed complete.
Time Frame: 9-15 months for Tentative Tract Map; 6-9 months for Tentative Parcel Map Hearings: Two public hearings for Tentative Tract Map with five or more parcels with Planning Commission for Tentative Map approval and City Council for Final Map approval. Tentative and Final Parcel Map for four or fewer parcels can be processed administratively.
Findings: Findings for Maps are set forth in Hayward Municipal Code Section 10-1.3150:
The proposed subdivision is not in conflict with the General Plan and applicable specific plans and neighborhood plans;
The proposed subdivision meets the requirements of the City Zoning Ordinance; No approval of variances or other exceptions are required for the approval of the subdivision.
Cost:
Direct Cost with $6,000 deposit for Tentative Tract Map and Direct Cost with $4,000 deposit for Tentative Parcel Map
Direct Cost with $15,000 for Final Tract Map and Direct Cost with $5,000 for Final Parcel Map.
SITE PLAN REVIEW & MAJOR SITE PLAN REVIEW
Site Plan Review is required for new development or substantial alterations to existing development in most residential districts. Typically, the Planning Director may waive Site Plan Review for alterations to existing development if it is fully consistent with the applicable Zoning standards and is consistent with surrounding development. However, most new developments undergo Site Plan Review to ensure compliance with on-site and surrounding structures and uses, physical and environmental constraints, and environmental considerations. Site Plan Review is processed administratively, meaning that it is approved at the level of the Planning Director unless the project is appealed to the Planning Commission or City Council, or unless the Planning Director refers the project to a higher reviewing authority. Site Plan Review processing typically takes three months to over a year to process depending on the complexity of the project and whether it requires compliance with CEQA.
Time Frame: 6-9 months for Site Plan Review
Hearings: None
Findings: Findings for Site Plan Review are set forth in Hayward Municipal Code Section 10-1.3025:
The development is compatible with on-site and surrounding structures and uses and is an attractive addition to the City;
The development takes into consideration physical and environmental constraints; Housing Constraints
55
The development complies with the intent of City development policies and regulations;
The development will be operated in a manner determined to be acceptable and compatible with surrounding development
Cost:
Direct Cost with $
2 ,000 depo
sit
Major Site Plan Review
(MSPR)
is required for certain projects
that would like to exceed density,
height or other development standard
in the Downtown Specific Plan and in the Mission Boulevard Code areas. In the D
owntown Specific Plan area
, projects
on sites over three acres, involving an
addition over 30
percent
of
existing floor area or 5,000
square feet
or other unusual circumstances
must undergo M
ajor
Site P
lan
Review
(HMC
Section
10 -
28.5.3.030).
In the Mission Boulevard Code,
sites over two acres or more than 600 feet of lineal frontage must undergo Major Site Plan Review (
HMC Section
10 -
24.4.2.020
)
. Major Site Plan Review requires Planning Commission approval, and typically takes six months to o
ver a year
depending on the complexity of the project and whether it requires compliance with CEQA.
The City has only received one MSRP application since 2019 for a development in the Mission Boulevard Code area because most sites being developed in Downto wn
Hayward and along Mission Boulevard Code area are smaller than the minimum acreages subject to MSRP. The MSRP process is for larger sites or those that would like to have increased density or deviate from height or other development standards, which can
also be achieved through the
Density Bonus process.
See
Section 3.3.8: Design Guidelines
,
below for information about the design
standards for site plans.
Time Frame:
6-
12 months for Major Site Plan Review
Hearings:
O
ne public hearing with the Planning C
ommission.
Findings:
Findings for Major Site Plan Review are set forth in Hayward Municipal Code Section
10 -
1.3081:
The proposed development is consistent with the General Plan, Zoning Ordinance, Design Guidelines, and any other applicable plan or program; and
The proposed development is consistent with the purpose, intent, and standards of the applicable zoning district and General Plan or Specific Plan designation and applicable design guidelines; and
The subject site is physically suitable for the type
and intensity of the land use and development
being proposed; and
The proposed development will be compatible with the planned land use character of the surrounding area and make a positive impact to the site and surrounding area; and
The proposed development will not have a substantial adverse effect on surrounding development and land uses.
Cost:
Direct Cost with $6,000 deposit
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
56 PLANNED DEVELOPMENT REZONING AND PRECISE DEVELOPMENT PLAN Applicants typically submit Zone Changes to Planned Development (PD) District for projects that do not meet the underlying development standards. The most common Zone Change to PD District application involves requesting smaller lots, reduced setbacks, and reduced parking standards from the underlying Zoning District standards. However, density must be compliant with the General Plan land use designation. If the density is not compliant, then the applicant must also submit an application for a General Plan Amendment. A PD also requires approval of a Precise Development Plan, an administrative review process to review detailed plans or modifications not included in the initial PD review.
Typically, PDs are processed for small lot single family developments, townhomes and condominiums and therefore require approval of a Tentative Map. Zone Changes require a public hearing and recommendation by the Planning Commission and are ultimately approved or denied by the City Council. The PD and related approvals process typically takes one to two years, depending on the complexity of the entitlement. Since PD Districts involve a Zone Change, they are always accompanied by an Initial Study Checklist since CEQA Exemptions do not apply to projects that are inconsistent with the Zoning Ordinance. If the Zone Change to PD District is approved, an applicant is required to submit a Precise Development Plan, which includes more detailed architectural plans, landscape plans, and draft improvement plans. The Precise Development Plan is reviewed and approved by City staff and takes less than one month to process. The Precise Development Plan may be submitted concurrently with Final Map, Improvement Plan and Building Permit applications.
Prior to 2020, the City would receive several applications for Zone Change to PD District per year Since 2020, the City has received and processed three applications for a Zone Change to Planned Development District. The City is receiving fewer PD District applications because developers are opting to submit Density Bonus applications to take advantage of concessions and waivers which allow for deviation from the Code. The City anticipates that there will be even fewer applications for Zone Change to PD District with the adoption of the Objective Design and Development Standards to allow for small lot single family development, missing middle housing types and other flexible standards provided that the project meets objective criteria (Program H-16, Action 16.5).
Time Frame: 12 to 18 months for PD Rezone process & one month for Precise Plan approval Hearings: Two public hearings – one with Planning Commission and one with City Council Findings: Findings for Planned Development District are set forth in Hayward Municipal Code Section 10-1.2535:
The development is in substantial harmony with the surrounding area and conforms to the General Plan and applicable City policies.
Streets and utilities, existing or proposed, are adequate to serve the development. In the case of a residential development, that the development creates a residential environment of sustained desirability and stability, that sites proposed for public facilities, such as playgrounds and parks, are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereon, and the development will have no substantial adverse effect upon surrounding development. In the case of nonresidential uses, that such development will be in conformity with applicable performance standards, will be appropriate in size, location, and overall planning for the purpose intended, will create an environment of sustained desirability and stability through the Housing Constraints
57 design and development standards, and will have no substantial adverse effect upon surrounding development.
In the case of a development in increments, each increment provides a sufficient proportion of total planned common open space, facilities, and s
ervices so that it may be self
-
contained in the
event of default or failure to complete the total development according to schedule.
Any latitude or exception(s) to development regulations or policies is adequately offset or compensated for by providing fu
nctional facilities or amenities not otherwise required or exceeding other required development standards.
Cost:
Direct Cost with $
12 ,000 deposit
for PD Rezone and Direct Cost with $2,000 deposit for Precise Plan
U
SE
P
ERMIT
-
A
DMINISTRATIVE
/C
ONDITIONAL
Administrative Use Permits (AUPs) and Conditional Use Permits (CUPs) are required for the use of land or land development when required by the Zonin
g Ordinance, typically for projects that have
potential for
nuisance or
impacts on the surrounding neighborhood. An AUP is processed adminis
tratively
and conditionally approved by the Planning Director unless appealed or referred to a higher approving auth
ority. An AUP typically takes three to six months to process depending on complexity and level of environmental review. A CUP is considered by the Planning Commission after a public hearing and may be appealed to the City Council. A CUP typically takes fiv
e
to
six
months
to process,
depending on complexity and level of environmental review.
Time Frame:
Three to six months for an AUP, and five to six months for a CUP
Hearings:
AUPs are processed administratively
,
and CUPs require one public hearing with the
Planning Commission.
Findings:
Findings for
AUPs and CUPs are the same and are
set forth in Hayward Municipal Code
Section
s
10 -
1.3125 and
10 -
1. 3225, respectively
:
The proposed use
is desirable for the public convenience or welfare;
The proposed
use
will
not impair the character and integrity of the zoning district and surrounding area;
The proposed
use
will not be detrimental to the public health, safety, or general welfare; and
The proposed
use
is in harmony with applicable City policies and the intent a nd purpose of the
zoning district involved.
Cost:
Direct Cost with $
2 ,000 deposit
for AUPs and Direct Cost with $6,000 deposit for CUPs.
Ministerial Review
Ministerial projects are exempt from the requirements of CEQA. The determination of what is “ministerial” can most appropriately be made by the particular public agency involved based upon its analysis of its own laws, and each public agency should make such determination either as a part of its implementing regulations or on a case
-
by
-
case basis
. In the absence of any discretionary
provision contained in the local ordinance or other law establishing the requirements for the permit, license, or other entitlement for use, the following actions shall be presumed to be ministerial:
Issuance of buildi
ng permits
Issuance of business licenses
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
58 Approval of SB 35 applications
Approval of SB 9 applications
Approval of individual utility service connections and disconnections31
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS The ADU and JADU review process is a one-step review process in that the applicant submits an application form, ADU/JADU Checklist to demonstrate conformance with state law and architectural and structural plans. The City developed a Frequently Asked Questions and Checklist for ADUs and JADUs for single family and multi-family properties, which are posted on the City’s website. Planning and Building review in one application and process. In 2020, it took an average of four and one half months to process J/ADUs from building permit submittal to permit issuance.
CALIFORNIA HOME (HOUSING OPPORTUNITY AND MORE EFFICIENCY) ACT (SB 9) On September 16, 2021, the State of California adopted Senate Bill 9 which aims to streamline housing permitting and increase density to create more inclusive and vibrant neighborhoods across the State. On January 1, 2022, all local agencies must ministerially approve two residential units on a parcel within a single-unit residential zone if the development meets specific objective criteria. The bill also requires ministerial review for subdividing one lot into two lots within a single-unit residential zone and permitting up to two units on each parcel (four total dwelling units on what was formerly a single-unit lot) if the development complies with specific objective criteria. The City developed a Frequently Asked Questions and Checklist for SB 9 applications which are posted on the City’s website. To date, the City has received three SB 9 applications and expects to approve one in December 2022.
SENATE BILL 330
The Housing Crisis Act of 2019 (SB 330) aims to expedite and increase certainty in the development process with changes to the Housing Accountability Act and Permit Streamlining Act. Hayward makes streamlined permit processing available to all new housing development projects which require discretionary or ministerial review. The expedited process is intended to encourage development of housing projects by vesting codes, policies, and fees for the project at the time a completed application is submitted to the City. Projects are subject to a maximum of five public hearings when a project is consistent with objective standards in place at the time an application is deemed complete. The City has created an SB 330 application checklist and procedures to assist applicants.
SB
35 (2017), STREAMLINED APPROVAL PROCESS
Pursuant to Government Code Section 65913.4, jurisdictions that have not met their allocated Regional Housing Needs Allocation (RHNA) numbers are required to streamline certain proposed developments that include affordable units. As of June of 2019, Hayward had insufficient progress towards its Above Moderate Income RHNA and therefore, under SB 35, is required to approve proposed developments with at least 10 percent affordable units with a ministerial permit. 32 The City created an SB 35 application checklist and procedures to make the process clear to potential applicants. City staff works with applicants to identify good candidate projects that can be
31 Government Code § 15268. Ministerial Projects
32 SB 35 Statewide Determination Summary, https://www.hcd.ca.gov/community-development/housing- element/docs/sb35_statewidedeterminationsummary.pdf
Hous
ing Constraints
59 processed as an SB 35 and has directed applicants to convert standard planning applications to SB 35 applications if possi
ble. To date, the City if Hayward has processed or is in the middle of processing six SB 35 projects:
Mission Terraces (with Density Bonus)
. Approved in 2019. 110 unit multi
-
family development
affordable to
v
ery
l
ow
-
and
l
ow
-
income senior households.
259
5 Depot Road (with Density Bonus)
:
Approved in 2020. 125 unit multi
-
family development
affordable to
e
xtremely
l
ow
-
,
v
ery
l
ow
-
,
and
l
ow
-
income households and includes wraparound
supportive services.
Pimental Place
:
Approved in 2021. 57 unit muti
-
family dev
elopment affordable to
v
ery
l
ow
-
and
l
ow
-
income
households
.
603 A Street
(with Density Bonus)
:
Approved in June 2022.
Approved in 2022
.80 unit
multi
-
family development affordable to
e
xtremely
l
ow
-
,
v
ery
l
ow
-
,
and
l
ow
-
income senior households.
Parcel Group 8
(with Density Bonus)
:
Approved in June 2022.
Approved in 2022
. 96
unit mixed
-
use development for
v
ery
l
ow
-
,
l
ow
-
,
and
m
oderate
-
i
ncome households.
Tiny Home Village at South Hayward Parish
(with Density Bonus)
:
Cur
rently processing. 10 unit
supportive housing development with wraparound services for e
xtremely
l
ow
-
income
households
.
Building Permit Applications
Take
-
in permit applications are for projects that require drawings (also referred to as plans, blueprints
, or construction documents). Since these projects are of a more complex nature and require review of various code items such a structural, energy code, plumbing, mechanical, and electrical work, Building Division staff need to review the drawings to deter mine compliance. After
the initial review of the plans, the Plan Reviewer will send a formal correction list to the applicant.
The applicant must respond and make the required corrections and resubmit the drawings to the City. Once the Plan Review is appro
ved and applicable fees are paid, the applicant can then pick up their issued permit and begin construction. During the construction process, inspections are required to ensure compliance with applicable codes and the approved building permit plans. The ap
proved set of drawings must be made available on the construction site as a reference for the inspector.
This process typically takes
approximately six months
depending on the quality of the plans and the
size of the project. Examples of common Take
-
in Pe
rmits include home additions, commercial
tenant improvements, new buildings, and structural modifications to existing buildings.
Total
processing times vary by project, but the general timeframes by type of permit are shown on Figure
D
-
3 .
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
60 Figure D-3 Development Process and Approval Timelines
Housing Constraints
61 Processing Timeframes
Certainty and consistency in permit processing procedures and reasonable processing times is important to ensure that the development review/approval process does not discourage developers of housing or add excessive costs (including carrying costs on property) that would make the project economically infeasible. The City is committed to maintaining comparatively short processing times.
Entitlements for the Planning permit types listed above are granted for three -
year terms during
which the developer must
submit a grading permit, improvement plans or building permit to exercise the entitlement. If the developer cannot submit one of those subsequent permits, all entitlements are permitted administrative “extensions” which grant an additional one to three yea rs
to the entitlement. In order to request an “extension,” the developer must submit a written request and a $2,000 deposit a minimum of two months before the entitlement is set to expire.
Occasionally, the State will allow for automatic extensions for var ious approvals. For example,
during the 2008 recession, tentative map approvals were extended several years through the Subdivision Map Act; and, during the Covid
-
19 crisis, 18
-
month automatic
extensions were granted
for all
“housing entitlements” in effec
t before March 4, 2020 and set to expire before December 31, 2021
(
pursuant to Assembly Bill 1561)
.
Hayward has a “one stop” permit processing center where an applicant can obtain information and feedback on plans from planners, plan checkers, fire prevention staff, and engineers at a Permit Center which is open to the public Monday through Thursday from
9 am to 1 pm and by
appointment Monday through Friday from 8 am to 5 pm. Handouts that describe requirements, time sequence, and checklists for all phases and types of development are available at the Permit Center and on the City’s website.
Table
D-
23 summarizes the processes and procedures for various permits and provides a detailed summary of the planning review processing procedures and timelines of various types of projects in
the city.
Table
D-
24 summarizes the development review processing time.
Table D-23 Planning Review and Processing Times, 2021
Project Type
Permits
Required
Reviewing Body
Public Hearing
Required
Appeal Body
Estimated Total
Processing Time
(months) *
Single Family
Building Permit
or Site Plan
Review for new
development
Staff or Planning
Director
Not Required
Planning
Director
or Planning
Commission
3-5
Single Family
(Hillside)
Site Plan Review
Planning Director
Not Required
Planning
Commission
4-6
Multi
-
family
Site Plan Review
Planning Director
Not Required
Planning
Commission
4-6
Multi
-
family
(with
Subdivision)
Site Plan
Review/Tentative
Tract Map
Planning
Commission
Required
City Council
6-9
Mixed Use
Site Plan Review
Planning Director
Not required
Planning
Commission
4-6
*
If a project is determined to be subject to CEQA, an additional six to nine months should be added to the process depending on the level of CEQA review required.
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
62 Table D-24 Development Review, 2021
Application/Action Timeframe (working days)
Building Permit Application submittal to first punch list provided to developer 15 Re-submittal of application for corrections to items on first punch list 10 Plans for model homes in subdivision 10
Transparency in the Development Review Process
To increase transparency in the development process, the City’s website publishes resources that help developers and homeowners navigate the residential development and home improvement processes. Specifically, the Planning and Development Department webpage (https://www.hayward-ca.gov/your-government/departments/planning-division ) provides an
overview of the development review process via links to permits and services. The Municipal Code, plan review procedures, forms and handouts, Frequently Asked Questions, Checklists, and other documents are available online. The City also provides contact information for scheduling review appointments with Planning Division staff. As described in the beginning of this section, the City also offers Conceptual Development Review meetings and a preliminary application process that help increase transparency in the development review process. The City provides a GIS website interface for users to obtain parcel-specific information such as lot size, maximum lot coverage, development setbacks, zoning, Comprehensive Plan land use designation, and flood zone, among other data.
Therefore, the City’s Planning Division website complies with the new transparency requirements in AB 1483/California Government Code Section 65940.1(a)(1).
1.3.8 Design Guidelines
The Hayward Design Guidelines seek to identify elements of good design which will enhance the appearance of the city and make it more livable. The Design Guidelines are flexible in order to respond to the unique set of circumstances of each site and type of development and to balance the many elements which go into a design. However, a project or a request for a building permit may be disapproved for failure to meet the City's land use policies. As described in the discussion of Affordable Housing Incentives in this document, the City offers technical and financial assistance to residential development project applicants. This assistance includes providing information regarding design guidelines, which helps to remove or reduce constraints to the development of affordable housing. The City’s Design Guidelines provide guidance for single-family detached, medium density attached and infill multi-family development. The subjective nature of the guidelines is considered a constraint to the development of housing.
Design Guidelines Update
In 2019, Hayward was awarded a SB 2 Planning Grant by HCD for various housing related activities.
A portion of these grant funds are earmarked for the development of detailed objective residential standards. The grant funds for this project will also cover zoning amendments to ensure General Plan and Zoning Ordinance consistency for parcels that are zoned for single family uses but have underlying General Plan designations that allow higher densities. This project will address concerns previously expressed by the Council, Planning Commission, and the community regarding a desire for more detailed standards related to architectural design and neighborhood context. This project will give the community, developers, staff, and decision makers more certainty about what future development will look like in conjunction with State mandated streamlined processes. Ultimately, Housing Constraints
63 this project will align Hayward’s goals and expectations for future development with the State’s goal to address the housing crisis. The project formally kicked off in February 2022 and is expected to be completed by summer 2023
(see
Action 20.7,
in Section 6,
Housing Plan
).
1.3.9 Housing for Special Needs Populations
Definition of Family
Local jurisdictions may restri
ct access to housing for households that do not meet the jurisdiction’s definition for “family.” A restrictive definition of “family” that limits the number of individuals living together may illegally limit the development and siting of group homes for persons with disabilities, but not for housing families that are similarly sized or situated. The City of Hayward’s
Zoning Code
defines family as “
one or more persons living together as a single housekeeping unit, as distinguished from a group living in a boarding house, hotel, motel, or group or institutional living quarters such as a group home, day care home, or convalescent home .”
This definition is not overly
restrictive and is not considered a constraint to housing.
Affirmatively Furthering Fair Housing (AFFH)
Assembly Bill (AB) 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing consistent with the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means “taking meaningful actions,
in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” A detai
led analysis of
the
fair housing
issues related to special needs populations
is
included in Appendix C
, and Section 6,
Housing Plan
, contains programs to facilitate housing for
special needs populations
.
Reasonable Accommodation Procedures
The
federal Fair Housing Act and the California Fair Employment and Housing Act require that cities and counties provide reasonable accommodation where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. Cities and counties must also consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be “reasonable” based on fair housing laws and the case law interpreting the statutes.
Re
asonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. These accommodations
require that
local jurisdictions mak
e
modifications or
exceptions in their zoning laws and other land
-
use regulations when accommodations
are
necessary
to afford
individuals with disabilities
an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to residents with mobility impairments.
Reasonable accommodation enables developers and providers of housing for people with disabilities a means of requesting from the local government flexibility in the application of land use and zoning regulations or, in som
e instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing.
HMC
Section 10
-
1.145 outlines Reasonable Accommodations Procedures A request for a reasonable accommodation shall be reviewed by
the Director of Development Services or his/her designee and Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
64 they shall make a written determination (to either grant, grant with modifications, or deny the request) within 45 days of the application being deemed complete. A request for a reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission and the written determination shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review. The written decision to grant or deny a request shall be based on the following findings:
Whether the housing in the request will be used by a person with a disability under the Acts; Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts; Whether the requested reasonable accommodation would impose an undue financial administrative or enforcement burden on the City;
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to, land use and zoning; Potential impact on surrounding uses;
Physical attributes of the property and structures; and, Other reasonable accommodations that may provide an equivalent level of benefit.
The Director or Planning Commission may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The applicant may appeal (for a fee) the Director’s decision to the Planning Commission within 15 days after written notice of the decision, or the Planning Commission’s decision to the City Council within 10 days. A public hearing is held after an appeal is filed and the decision body may make any order it deems just and equitable. To ensure consistency and clarity in the Reasonable Accommodation review process, the City added Program H-19, Action 19.14 requiring that the City the Reasonable Accommodations Ordinance and revise findings to be based on objective standards rather than impacts on surrounding uses by January 2025.
California Building Code
The Building Division actively enforces the California Building Code provisions that regulate the access and adaptability of buildings to accommodate persons with disabilities. Government Code Section 12955.1 requires that 10 percent of the total dwelling units in multi-family buildings without elevators and that consist of three or more rental units or four or more condominium units be subject to the following building standards:
The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests;
A least one bathroom shall be located on the primary entry level served by an accessible route; All rooms or spaces located on the primary entry level shall be served by an accessible route; Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, bathrooms, living rooms, bedrooms, or hallways; Common use areas shall be accessible; and,
If common tenant parking is provided, accessible parking spaces are required.
No unique restrictions are in place that would constrain the development of housing for persons with disabilities. Compliance with provisions of the Code of Regulations, including the California Housing Constraints
65 Building Standards Code, is reviewed and enforced by the Building Division of the Community Development Department as a part of the building permit
submittal.
1.3.10 State Tax Policies and Regulations
Proposition 13
Proposition 13
was a
1978
voter initiative that limits increases in property taxes except when there is a transfer of ownership
. It has constrained local governments’ primary source of funding for
infrastructure improvement and maintenance and other local government operations .
33 Development fees now make up the difference, which, as described above, increases the overall cost of developing housing.
Article 34
Article 34 of the state constitution requires that low
-
rent housing projects developed, constructed,
or acquired in any manner by a public agency must first be approved by a majority of the voters.
Requiring such approval can act as a barrier to the development of affordable housing due to the uncertainty and delay caused by the process.
Alameda County has Article 34 authority for projects
funded by Measure A1, the County’s 2016 housing bond.
1.4 Environmental Constraints
The San Francisco Bay (Bay), Hayward Regional Shoreline, Eden Landing Ecological Reserve, and Don Edwards National Wildlife Refuge are located western portion of the city. The East Bay hills, specifically the Garin Regional Park, is located adjacent and to the east. Other urbanized cities surround Hayward to the north and south.
A community’s environmental setting affects the feasibility and cost of developing ho using.
Environmental issues range from the availability of water to the suitability of land for development due to potential exposure to seismic, flooding, wildfire, and other hazards. If not properly recognized and accommodated in residential design, thes e environmental features could potentially
endanger lives and property.
As noted in the Resources section, there are no known environmental constraints on the sites identified in the Sites Inventory that would preclude development. Each project will under go a site
-
specific environmental clearance process to ensure that it is built safely and in conformance with the appropriate and applicable building codes.
1.4.1 Federal and State Environmental Protection Regulations
Federal and state regulations require an environmental review of proposed discretionary projects that do not fall within specified exemptions outlined in CEQA Statute and Guidelines (e.g., subdivision maps, development of large sites, use permits, etc.). Costs result from fees charged by local govern
ment agencies and private consultants to complete the environmental analysis add to the cost of building new housing which is passed on to the consumer. However, these regulations help preserve the environment and ensure environmental quality for Hayward r esidents.
33 Residential Impact Fees i
n California, UC Berkeley Terner Center for Housing Innovation. August 7, 2019. Accessed May 23, 2022
.
https://ternercenter.berkeley.edu/blog/residential
-
impact
-
fees/
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
66 Regional plans and programs related to public safety included the State Seismic Hazards Mapping Act, CEQA Statute and Guidelines, California Noise Insulation Standards (Title 24), and the Federal Emergency Management Agency (FEMA) Flood Insurance Program. Pursuant to CEQA, nearly all residential development that requires a discretionary action also requires environmental review concurrent with the approval process. The preparation, review, and certification of CEQA documents add time to the development process.
Pursuant to State law, the City developed and adopted the Hayward Local Hazard Mitigation Plan (LHMP) in 2016. This plan addresses hazard vulnerabilities from natural and human-caused hazards, including flooding, drought, wildfire, landslides, severe weather, terrorism, cyber threats, pandemic, and the impact of climate change on hazards, as well as other hazards. While mitigation measures identified in the LHMP are necessary in to reduce the level of injury, property damage, and community disruption that might otherwise result from such events, requirements may be a constraint to housing development. For example, building safety requirements or increased buffers in fire or landslide zones may increase costs of development and limit available land.
1.4.2 Geologic and Seismic Hazards
Earthquake
Hayward is exposed to ground shaking, liquefaction, surface rupture, and landslides from seismic activity along the Hayward Fault, San Andreas Fault, San Gregorio Fault, and other Bay Area faults.
The hills are susceptible to earthquake-induced landslides, while the flatlands are at risk of liquefaction. Tsunami and fire following an earthquake also threaten the city. A major earthquake along the Hayward Fault, predicted to have a greater than 70 percent probability of occurrence in the next 30 years, would be particularly catastrophic.
34 Approximately 50 percent of Hayward is included in Seismic Hazard Zones for liquefaction as designated by the State Department of Conservation Earthquake Zones of Required Investigation-- Hayward Quadrangle map.
35 Hayward implements regulations and programs to minimize the risk of geologic and seismic hazards. These regulations and programs include, among others, the City Building Code and building permit process, the City Grading and Clearing Permit process, the Multi- Jurisdictional Local Hazard Mitigation Plan with City of Hayward Annex document, Hayward’s Comprehensive Emergency Management Plan, and the Community Emergency Response Team program.
36 The minimum setback for construction near the Hayward fault is 50 feet. The cost to prepare geologic studies and investigations increases the cost of housing development.
Five of the vacant or underutilized sites identified as appropriate for above moderate-income development are located in the Alquist Priolo Fault Zone. Additional inventory sites are located in the Seismic Liquefaction zone and in close proximity to the Dam Inundation Failure zones. This may add extra costs to the development of housing in these areas. However, other communities in the Bay Area and California have similar constraints and requirements. Therefore, geologic and seismic hazards are not a significant constraint to the maintenance, improvement, and development of housing.
34 City of Hayward Local Hazard Mitigation Plan, 2016. Available: https://www.hayward- ca.gov/sites/default/files/pdf/2016%20City%20of%20Hayward%20Local%20Hazard%20Mitigation%20Plan.pdf 35City of Hayward 2040 General Plan Update, Environmental Impact Report. 2013. Available: https://www.hayward- ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1-30-14.pdf 36City of Hayward 2040 General Plan Update, Environmental Impact Report. 2013. Available: https://www.hayward- ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1-30-14.pdf Housing Constraints
67 Landslides and Erosion
Rain
-
induced and earthquake
-
induced landslides may occur on Hayward’s hillsides. Extreme wet -
dry
cycles expected as a result of climate change may exacerbate the risk of these landslides. 37 The hilly,
eastern portion of Hayward contains approximatel
y 15 percent officially designated Landslide
Zones, in the State Department of Conservation Earthquake Zones of Required Investigation --
Hayward Quadrangle map.
38 1.4.3
Wildfire
While there are no fire hazard severity zones
(FHS
Zs)
in city limits, the eastern edg
es of Hayward are
adjacent to Very High and High Fire Hazard Severity Zones .
39 Dry grassland adjacent to residential
properties and the seasonal Diablo winds can result in large, rapidly spreading fires that cause widespread damage to hillside
properties.
40 Compliance with the
City’s
Urban Wildland Fire
Interface Design Guidelines
41 minimize
fire risk in hillside areas adjacent to FHSZs.
1.4.4 Flood, Tsunami
,
and Sea Level Rise Related Hazards
Hayward’s shoreline, while protected by extensive wetlands, is at risk of inundation from tsunamis, rare floods, and rising sea levels. Infrastructure along the shoreline will be more frequently, and eventually permanently, inundated as the sea level rises .
According to the Shoreline Adaptation
Master Plan, industrial areas at the northern part of the City may be episodically or fully inundated under certain scenarios which will impact infrastructure .
42 Hayward is subject to flooding during major storm events and periods of high tide. Flood zones are generally located along the coastal baylands and along major creeks and drainages that cross Hayward. While some residential properties near the baylands and creeks are subject to flooding, the majority of Hayw
ard’s residential land is not currently (December 2012) located within a flood zone. If located in a flood plain, appropriate mitigation measures must be implemented so that the site meets applicable FEMA standards before the development can be constructed. Zone X applies to 500
-
year flood areas, 100
-
year flood areas with average depths of less than one foot or with drainage areas less than one square mile, and 100
-
year areas protected by levees. Zone A applies to
100
-
year flood areas that have no base floo
d elevations determined. The base flood elevation is the water
-
surface elevation of the one percent annual chance flood. However, no development standards are associated with these flood zones.
43 Local
standards for review of building in flood
-
37 City of Hayward Local Hazard Mitigation Plan, 2016. Available:
https://www.hayward
-
ca.gov/sites/default/files/pdf/2016%20City%20of%20Hayward%20Local%20Hazard%20Mitigation%20Plan.pdf
38 City of Hayward 2040 General Plan Update, Environmental Impact Report. 2013. Available:
https
://www.hayward
-
ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1 -
30 -
14.pdf
39 CalFire Fire Hazard Severity Zone Viewer
.
https://osfm.fire.ca.gov/divisions/community
-
wildfire
-
preparedness
-
and
-
mitigation/wildland
-
hazards
-
building
-
codes/fire
-
hazard
-
severity
-
zones
-
maps/
CalFire F
ire Hazard Severity Zone Viewer
.
https://osfm.fire.ca.gov/divisi
ons/community
-
wildfire
-
preparedness
-
and
-
mitigation/wildland
-
hazards
-
building
-
codes/fire
-
hazard
-
severity-
zones
-
maps/
40 City of Hayward Local Hazard Mitigation Plan, 2016. Available:
https://www.hayward
-
ca.gov/sites/default/files/pdf/2016%20City%20of%20Hayward%20Local%20Hazard%20Mitigation%20Plan.pdf
41 City of
Hayward
Hillside Design and Urban/Wildland Interface Guidelines, City of Hayward, 1993. https://www.hayward
-
ca.gov/sit
es/default/files/COH%20Hillside%20Design%20Urban
-
Wildland%20Interface%20Guidelines.pdf
42 Shoreline Adaptation Master Plan, City of Hayward,
2022.
https://www
.hayward
-
ca.gov/shoreline
-
master
-
plan
https://www.hayward
-
ca.gov/shoreline
-
master
-
plan
43 City of Hayward Housing Element.
2014. Available:
https://www.hayward
-
ca.gov/sites/default/files/Housing%20Element%20FINAL%20Adopted.pdf https://www.hayward
-
ca.gov/sites/default/files/Housing%20Element%20FINAL%20Adopted.pdf
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
68 prone areas include Article 2, Building Along Watercourses, and Article 4 of the Hayward Municipal Code, Flood Plain Management.
1.4.5 Excessive Noise
Residential uses are considered sensitive land uses and new development must be constructed such that it meet interior noise standards in the City’s General Plan. The City’s Noise Regulations can be found in Article 1 of the Hayward Municipal Code, Public Nuisances.
Roadway traffic is the most significant source of noise affecting sensitive land uses in Hayward.
Freeways and major arterial roadways are the most significant sources of traffic noise. In addition to traffic noise on local roadways, freight and passenger trains operating along three north-south rail lines contribute to community noise levels.44
Construction related noise is regulated in Hayward through various General Plan policies as well as Section 4-1.03.4 of the Municipal Code (Construction and Alteration of Structures; Landscaping Activities).
Policy HAZ-8.20 establishes that a site-specific noise study may be required by the City for discretionary projects requiring land use entitlements, which may have the effect of delaying development and increasing cost. In addition, Policy HAZ-8.21 establishes limits on construction noise generating activities to the less sensitive times of the day, when people are less likely to be disturbed.
Municipal Code Section 4-1.03.4 states that individual devices/pieces of construction equipment are not to exceed 83 dB at a distance of 25 feet from the source and 86 dB at any point of the property plane Monday through Saturday from 7:00 AM to 7:00 PM and Sundays from 10:00 AM to 6:00 PM, “unless otherwise provided pursuant to a duly-issued permit or a condition of approval.” While these requirements may delay housing development, they are not considered a significant constraint to housing development.
1.4.6 Hazardous Materials
Hayward has approximately 3,200 acres along the western edges of the City devoted to industrial uses. This manufacturing, warehousing, and research and development sector provides a significant number of regional jobs and it is a source of hazardous materials. Hazardous materials have the potential to become a crucial complicating factor in emergency situations. The effects of flooding, earthquakes, and fires can all cause or be exacerbated by hazardous materials release. 45 The Hayward Fire Department established the Hazardous Materials Office in 1984. The Fire Department is a Certified Unified Program Agency (CUPA and administers the City’s Unified Hazardous Materials and Hazardous Waste Management Program (CUPA Program).46 The Hazardous Materials Coordinator in the Fire Prevention Office oversees hazardous materials compliance and maintains information regarding the hazardous materials sites throughout
44 Hayward 2040 General Plan Background Report, City of Hayward, 2014. https://www.hayward-ca.gov/your- government/documents/planning-documentshttps://www.hayward-ca.gov/your-government/documents/planning-documents 45 City of Hayward Local Hazard Mitigation Plan, 2016. Available: https://www.hayward- ca.gov/sites/default/files/pdf/2016%20City%20of%20Hayward%20Local%20Hazard%20Mitigation%20Plan.pdf https://www.hayward- ca.gov/sites/default/files/pdf/2016%20City%20of%20Hayward%20Local%20Hazard%20Mitigation%20Plan.pdf 46 Draft Environmental Impact Report, City of Hayward 2040 General Plan, City of Hayward. https://www.hayward-ca.gov/your- government/documents/planning-documentshttps://www.hayward-ca.gov/your-government/documents/planning-documents Housing Constraints
69 Hayward
. The Hazardous Materials Area Plan lays out strategies for preparing for and responding to hazardous materials incidents.
The Office inspects and regulates all hazardous materials/waste use and storage facilities within the City. In addition, that Office enforces the Hazardous Materials Storage Ordinance for the City and is the designated Certified Unified Program Agency for the Hayward area. This Office also identifies contaminated sites
and works with various agencies including the Alameda County Department of Environmental Health, California Regional Water Quality Board and the state Department of Toxic Substance Control to investigate, cleanup, and close these sites. 47 The presence of hazardous materials in the soil and/or groundwater is another potential development constraint. Hazardous materials investigations are required prior to site development and remediation measures must be implemented where necessary. This will increase the co st of
development and, more importantly, the length of time from acquisition to project completion.
There are a number of ways to remediate hazardous materials
but they are either expensive or take
time.
Since time is a critical component of development, t
he presence of hazardous materials on a
site is a constraint to development.
Hayward is also exposed to hazardous materials releases in neighboring cities and the bay, as well as spills that may occur on Interstate 880 or Mission Boulevard. The location, d ispersion,
amount,
and
rate of a substance spilled, and the chemical characteristics of the substance determine the effects of a hazardous materials release. Generally, releases can have public health impacts ranging from no effect or mild chemical irritat
ion to fatality, threaten life and property generally, and can have long long
-
lasting negative effects on the environment.
Mining Sites
The US Geological Survey has identified eleven past, present, or prospective mining sites within the Planning Area, inc
luding sites owned or operated by the American Salt Company, the Oliver Salt Company, East Bay Excavation Company, Ideal Cement Company, and the La Vista Quarry and Mill.
The State requires local jurisdictions to protect areas with economically significant mineral
resources from incompatible development.
In an effort to maintain availability of sand, gravel, and crushed rock for long -
term construction
needs, the California Division of Mines and Geology (under the authority of the Surface Mining and Reclama
tion Act of 1975) has classified aggregate mineral zones throughout the state.
Hayward has
no
designated mineral resource of regional significance.
1.5 Infrastructure Constraints
1.5.1 Sewage Collection and Disposal
Hayward owns and operates the wastewater collection and treatment system that serves almost all of the residential, commercial, and industrial users within the incorporated City limits, and limited portions of the adjacent unincorporated areas of Alameda County by contract.
The City’s
wastewater collecti
on system is comprised of about 350 miles of sewer mains, nine sewage lift
47 City of Hayward Housing Element. 2014. Available:
https://www.hayward
-
ca.gov/sites/defau
lt/files/Housing%20Element%20FINAL%20Adopted.pdf
https://www.hayward
-
ca.gov/sites/default/files/Housing%20Element%20FINAL
%20Adopted.pdf
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
70 stations, and 2.5 miles of force mains. The City has separate sewage and stormwater collection systems.48
The East Bay Dischargers Authority disposes of the treated wastewater. The Oro Loma Sanitary District (OLSD) provides services to a small area in the northern portion of the City, as well as the community of Fairview, which is part of the Hayward Planning Area.
The 2020 Urban Water Management Plan notes that the demand for wastewater collection and treatment demand in 2020 was 3,922 million gallons (MG), and the amount is assumed to increase by 2.2 percent per year.
49 As noted in the Resources section, wastewater planning documents are aligned with the City’s General Plan land use assumptions and can accommodate the City’s RHNA.
The City will provide a copy of the final Housing Element to the Oro Loma Sanitary District, within 30 days of adoption. The City will also continue to coordinate with this district to ensure priority service provision to affordable housing developments.
1.5.2 Water Service
Hayward provides water for residential, commercial, industrial, governmental, and fire suppression uses. The City owns and operates its own water distribution system and purchases all of its water from the San Francisco Public Utilities Commission (SFPUC). The water supplied to Hayward is predominantly from the Sierra Nevada, delivered through the Hetch Hetchy aqueducts, but also includes treated water produced by the SFPUC from its local watershed and facilities in Alameda County.
The Hayward water system serves about 147,000 residents in all areas within the City limits and a select number of properties outside the City limits through special approvals or utility service agreements. A very small portion of north Hayward, containing less than three percent of the City, is served by East Bay Municipal Utility District (EBMUD), which also serves the community of Fairview in the Planning Area.
The 2020 Urban Water Management Plan estimates that the annual water demand in 2025 will be 6,490 MG (million gallons). In 2035, the amount is expected to increase to 7,247 MG. Single-family customers are anticipated to require the greatest quantity of water (2,149 MG, or 33 percent of total demand in 2025); multi-family residential water demand is projected to remain steady (1,104 MG, or 17 percent).
The water system has enough supply to meet projected demand during a normal precipitation year, but not enough supply to meet projected demand during dry years. During a dry year, Hayward is expected to meet 64 percent of demand in 2025 and 2035. California is currently experiencing a historic drought which is defined as multiple consecutive dry years. 50 According to the State’s
drought monitoring site, reservoirs are currently at about 62% of average levels and snowpack levels are at historic lows with January, February and March 2022 listed as the driest in 100 years. The lack of water in reserve combined with ongoing drought conditions are a significant constraint on development. As noted in the Resources section, the potable water planning documents are aligned with the City’s General Plan land use assumptions and can accommodate the City’s RHNA.
48 City of Hayward 2020 Urban Water Management Plan, adopted July 20, 2021. Accessed May 23, 2022. https://www.hayward- ca.gov/documents/urban-water-management-plan
49 Ibid.
50 State of California Drought Action. Available: https://drought.ca.gov/ Housing Constraints
71 The City will comply with SB 1087 as described in the discussion on wastewater. T herefor
e
, the
City
will provide a copy of the final Housing Element to the EBMUD
, within 30 days of adoption.
1.5.3 Storm Drains
Stormwater management for Hayward was once regulated according to the Alameda Countywide National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit. This County
-
based permit has been replaced with a new NPDES permit for the entire San Francisco Bay
Area. The San Francisco Bay Region NPDES Municipal Regional Stormwater Permit was adopted in October 2009 and revised in November 2011.
Hayward has five pump stations that pump stormwater into stormwater collection systems and/or dry creeks immediately downstream, flowing into Mt. Eden and Old Alameda Creeks en route to San Francisco Bay.
51 On
-
site drainage improvements, in addition to any minor modifications to the municipal storm drain system triggered by the projected future dev
elopment, would be the responsibility of each
individual housing developer. The developers are also responsible for incorporating stormwater source control and treatment measures into their project designs, as required by the National Pollutant Discharge E
limination System (NPDES) stormwater discharge permit issued to Bay Area municipalities by the San Francisco Bay Regional Water Quality Control Board.
51 City of Hayward 2040 General Plan Update, Environmental Impact Report. 2013. Available:
https://www.hayward
-
ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1 -
30 -
14.pdf
Hayward Housing Element
City of Hayward
2023-2031 Housing Element Update
72 This page intentionally left blank.