Hayward City Council
September 12, 2023

SEC. 10-1.1300 CENTRAL BUSINESS DISTRICT (CB)10
SEC. 10-1.1315 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CB District.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Health Club.
(e) Martial arts studio.
(f) Music studio.
(g) Nail salon.
(h) Palm reading.
(i) Photography studio.
(j) Physical fitness studio.

10Note(s)—Section 10-1.1315a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1320b.(1)(b) amended by Ordinance 99-18, adopted October 12, 1999.

Section 10-1.1320b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1300 amended by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.1315(a) amended by Ordinance 13-16 , adopted December 3, 2013.

Section 10-1.1320(a) amended by Ordinance 13-16 , adopted December 3, 2013.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(k) Shoe repair shop.
(l) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Coffee/espresso shop.
(l) Delicatessen.
(m) Fabric store.
(n) Floral shop.
(o) Furniture store.
(p) Garden supplies store.
(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.
(u) Music store.
(v) Nursery (plant).
(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store. (Kennel-When ancillary to Pet Store)
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and no bar)

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater. (Small Motion Picture or Live Performance only.) (ff) Toy store.
(gg) Variety store.
(hh) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)
(b) Broadcasting studio.
(c) Catering facility.
(d) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735.c. for standards)
(e) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(f) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(g) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CB District:
(1) Accessory buildings and uses. (See Section 10.1.845d.) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home Occupation. (See definitions.)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
SEC. 10-1.1320 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CB District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

None.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(2) Automobile Related Uses. (See Section 10-1.1045.h. for special requirements) (a) Automobile repair (minor and major).
(b) Automobile service station.
(c) Car wash.
(d) Parking lot.
(3) Personal Services.

Suntan parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Convenience market. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol)
(b) Kennel. (Pet Boarding and Pet Day Care only)
(c) Restaurant. (Where abutting a residential district or property and no bar) (6) Service Commercial Uses.
(a) Appliance repair shop. (Not ancillary to primary use) (b) Hotel or motel. (Where not abutting a residential district or property) (c) Recycling Collection Area. (When located within a convenience zone) (7) Other Uses.
(a) Ambulance service.
(b) Auction.
(c) Banquet hall. (Where not abutting a residential district or property) (d) Carnival.
(e) Catering facility. (Where not abutting a residential district or property) (f) Commercial Amusement.
(g) Cultural facility.
(h) Educational facility.
(i) Home occupation - expanded.
(j) Hospital, convalescent home.
(k) Outdoor gathering. (See General Regulations Section 10-1.2735.g.) (l) Passenger transportation terminal.
(m) Recreational facility.
(n) Religious facility.
(o) Temporary use.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(p) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff).
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CB District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses.

Drive-in establishment.
(3) Personal Services.

Massage parlor.
(4) Residential Uses.

Multiple-family dwelling.
(5) Retail Commercial Uses. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.) (a) Bar, cocktail lounge.
(b) Commercial Cannabis Retail Dispensary (See Section 10-1.3600). (c) Dance or night club.
(d) Liquor store.
(e) Theater, Large Motion Picture. (See Section 10-1.1045 for special requirements.) (6) Service Commercial Uses.

Hotel or motel. (Where abutting a residential district or property.) (7) Other Uses.
(a) Banquet hall. (Where abutting a residential district or property.) (b) Catering facility. (Where abutting a residential district or property.) (Amended by Ordinance 17-15 , adopted Nov. 28, 2017)
SEC. 10-1.1400 REGIONAL COMMERCIAL DISTRICT (CR)11
SEC. 10-1.1415 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CR District, as primary uses.

11Note(s)—Section 10-1.1445d. added by Ordinance 01-08, adopted July 17, 2001.

Entire Section Repealed and Replaced by Ordinance 07-16, adopted November 6, 2007.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(1) Retail Commercial Uses
(a) Major retail anchor (Minimum 100,000 square feet required) (2) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
b. Secondary Uses. The following uses, or uses determined to be similar by the Planning Director, are only permitted as ancillary uses to the primary uses permitted in the CR District:
(1) Retail Commercial Uses. (No minimum square footage required) (a) Office supply, furniture and business machine stores. (b) Electronics store.
(c) Restaurant. (Full service only)
(d) Sporting goods store.
(e) Supermarket.
(2) Automobile Related Uses.
(a) Service station.
(3) Other Uses.
(a) Public agency facilities.
(4) Accessory buildings and uses. (See Section 10.1.845) SEC. 10-1.1520 CENTRAL CITY—COMMERCIAL SUBDISTRICT (CC-C)12 SEC. 10-1.1522 CC-C PERMITTED USES.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-C District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.

12Note(s)—Section 10-1.1522a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1523b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Maps in Section 10-1.1524, 10-1.1525 and 10-1.1526 amended August 2006.

Sections 10-1.1520 through 10-1.1523 amended by Ordinance 13-14 , adopted November 19, 2013.

Sections 10-1.1520 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop. (Excluding college)
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Health club.
(e) Martial arts studio.
(f) Music studio.
(g) Nail salon.
(h) Palm reading.
(i) Photography studio.
(j) Physical fitness studio.
(k) Shoe repair shop.
(l) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only) (b) Single-family dwelling. (Existing as of May 4, 1993, including accessory structures and uses) (c) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bicycle store.
(e) Bookstore.
(f) Camera store.
(g) Card shop.
(h) Carpet/drapery store.
(i) Clothing store.
(j) Consignment store.
(k) Fabric store.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(l) Floral shop.
(m) Furniture store.
(n) Garden supplies store.
(o) Gift shop.
(p) Grocer.
(q) Hardware store.
(r) Jewelry store.
(s) Locksmith shop.
(t) Music store.
(u) Paint/wallpaper store.
(v) Pet grooming shop.
(w) Pet store.
(x) Plumbing and heating store.
(y) Restaurant. (No bar)
(z) Sporting goods store.
(aa) Stationary store.
(bb) Supermarket.
(cc) Theater. (Small Motion Picture or Live Performance. Large Motion Picture Theater located between A and D Streets and Grand and Second Streets.)
(dd) Toy store.
(ee) Variety store.
(ff) Video sales and rental.
(6) Service Commercial Uses.
(a) Appliance repair shop.
(b) Copying or reproduction facility.
(c) Mailing or facsimile service.
(d) Reverse vending machines. (When located within a convenience zone.) (7) Other Uses.
(a) Broadcasting studio.
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735.c. for standards)
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.)
(d) Educational facilities. Small, generally less than 2,000 square feet and designed to augment the learning process of elementary and secondary students.

Created: 2023-03-06 10:03:29 [EST]
(Supp. No. 19, Update 1)

(e) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the CC-C District:
(1) Accessory buildings and uses. (See Section 10.1.1555.) (2) Accessory dwelling unit (s). (Also referred to as "Granny flat, in-law unit, second dwelling unit.")Where primary use is residential. See Section 10-1.2740 for criteria and standards.) (3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (4) Home occupation. (See definitions)
(5) Household pets.
(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City - Commercial Subdistrict.)
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017)

SEC. 10-1.1530 CENTRAL CITY—RESIDENTIAL SUBDISTRICT (CC-R)13 SEC. 10-1.1532 CC-R PERMITTED USES.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R District as primary uses.
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

None.
(3) Personal Services.

None.
(4) Residential Uses.
(a) Artist's loft. (Live above place of business)
(b) Boarding home.
(c) Group home. Within existing single-family dwellings. (6 or fewer residents, excluding staff). (d) Multiple-family dwellings. (Density per Downtown Hayward Design Plan) (e) [Reserved.]

13Note(s)—Maps in Section 10-1.1534, 10-1.1535 and 10-1.1536 amended August 2006.

Section 10-1.1530 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2023-03-06 10:03:31 [EST]
(Supp. No. 19, Update 1)

(f) Single-family dwelling. (Existing as of May 4, 1993, including their accessory structures and uses) (5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.

Reverse vending machines. (When located within a convenience zone.) (7) Other Uses.
(a) Ambulance service.
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735.c. for standards)
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(d) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the permitted uses in the CC-R Subdistrict:
(1) Accessory buildings and uses. (See Section 10.1.1555.) (2) Accessory dwelling unit (s). (Also referred to as "Granny flat, in-law unit, second dwelling unit.") Where primary use is residential. See Section 10-1.2740 for criteria and standards.) (3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (4) Home occupation. (See definitions)
(5) Household pets.
(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City - Residential Subdistrict.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017)
SEC. 10-1.1540 CENTRAL CITY—PLAZA SUBDISTRICT (CC-P)14
SEC. 10-1.1542 CC-P PERMITTED USES.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-P District as primary uses.
(1) Administrative and Professional Offices/Services. (Above first floor only)

14Note(s)—Section 1542a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Maps in Section 10-1.1544, 10-1.1545 and 10-1.1546 amended August 2006.

Section 10-1.1540 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2023-03-06 10:03:33 [EST]
(Supp. No. 19, Update 1)

(a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks. (Excluding check cashing stores)
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber/beauty shop. (Excluding beauty college)
(b) Dry cleaning/laundry.
(c) Nail salon.
(d) Photography studio.
(e) Shoe repair.
(f) Tailor/seamstress shop.
(4) Residential Uses.
(a) Artist's loft. (Live above place of business; non-first floor only) (b) Residential dwelling unit(s).
(c) Single-family dwelling(s). (Existing as of May 4, 1993, including their accessory structures and uses, any floor)
(d) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bicycle store.
(e) Bookstore.
(f) Camera store.
(g) Card shop.
(h) Carpet/drapery store.
(i) Clothing store.
(j) Consignment store.

Created: 2023-03-06 10:03:33 [EST]
(Supp. No. 19, Update 1)

(k) Fabric store.
(l) Floral shop.
(m) Furniture store.
(n) Garden supplies store.
(o) Gift shop.
(p) Hardware store.
(q) Jewelry store.
(r) Locksmith shop.
(s) Music store.
(t) Paint/wallpaper store.
(u) Pet grooming shop.
(v) Pet store.
(w) Plumbing and heating store.
(x) Restaurant. (No bar)
(y) Sporting goods store.
(z) Stationary store.
(aa) Supermarket.
(bb) Theater. (Small Motion Picture, Large Motion Picture or Live Performance.) (cc) Toy store.
(dd) Variety store.
(ee) Video sales and rental.
(6) Service Commercial Uses.
(a) Appliance repair shop. (Ancillary to appliance sales) (b) Copying or reproduction facility.
(c) Mailing or facsimile service.
(d) Reverse vending machines. (When located within a convenience zone) (7) Other Uses.
(a) Broadcasting studio.
(b) Public agency facilities
(c) Parks.
(d) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the permitted uses in the CC-P Subdistrict:
(1) Accessory buildings and uses. (See Section 10.1.845a.—d.)

Created: 2023-03-06 10:03:33 [EST]
(Supp. No. 19, Update 1)

(2) Accessory dwelling unit(s). (Also referred to as "Granny flat, in-law unit, second dwelling unit.") Where primary use is residential. See Section 10-1.2740 for criteria and standards.) (3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (4) Home Occupation. (See definitions)
(5) Household pets.
(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City -Plaza Subdistrict.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017)
SEC. 10-1.1555 MINIMUM DESIGN AND PERFORMANCE STANDARDS FOR CC-C, CC-R, AND CC-P SUBDISTRICTS15
The City recognizes that high-quality design of commercial structures can contribute to a positive appearance of neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to residential and commercial development allowed in the CC districts, including but not limited to cultural, educational, religious or recreational facilities. The following documents shall be referred to and applied were applicable for development in the C C districts:

City of Hayward Design Guidelines, November 9, 1993.

Downtown Hayward Design Plan, July 7, 1992.

Design Requirements and Guidelines of Downtown Hayward, July 7, 1992.

Hayward Downtown Historic Rehabilitation District Commercial Design Manual, November 9, 1993.

The Core Area Plan - Recentering, July 28, 1992.

Downtown Hayward Redevelopment Plan, July 28, 1992.

Single-Family Dwelling.

For single-family dwellings existing as of May 4, 1993, any addition, accessory building and use shall conform to the Single-Family Residential District Minimum Design and Performance Standards, Section 10 -1.245, and the following applicable criteria and standards.

Multiple-Family DwellingResidential Uses.

For multiple-family dwelling(s)residential uses refer to the design criteria contained in the above documents, the Minimum Design and Performance Standards contained RH Residential Districts, Section 10-1.200. and the following applicable criteria and standards relating to multiple-family dwellings.

15Note(s)—Section 10-1.1555z. added by Ordinance 01-08, adopted July 17, 2001.

Section 10-1.1555 amended by Ordinance 13-12 , adopted November 19, 2013.

SEC. 10-1.1900 AIR TERMINAL DISTRICT (AT)

Hayward, California, Municipal Code Created: 2023-03-06 10:03:37 [EST] (Supp. No. 19, Update 1)

SEC. 10-1.1900 AIR TERMINAL DISTRICT (AT)16
SEC. 10-1.1972 AT-RM USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-RM District, when not specified as an administrative or conditional use. (1) Residential Uses.
(a) Multiple-family dwelling.
(b) Single-family dwelling.
(c) Group home. (See definitions)
(2) Other Uses.
(a) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities. (See definitions)
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-RM District:
(1) Residential Uses.
(a) Accessory dwelling unit (s). (Also referred to as "Granny flat, in-law unit, second dwelling unit.") Where primary use is residential. See Section 10-1.2740 for criteria and standards.) (2) Other Uses.
(a) Accessory buildings and uses. (See Section 10.1.1985) (b) Garage sales. (4 per year per dwelling. See General Regulations Section 10 -1.2735.d.) (c) Home occupation. (See definitions)
(d) Household pets.
(e) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff).
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017)
SEC. 10-1.1985 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

This Section establishes design and performance standards that shall apply to the construction of aviation, industrial and commercial buildings and uses in the AT District.

16Note(s)—Section 10-1.1985dd. added by Ordinance 01-08, adopted July 17, 2001.

Section 10-1-1900 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2023-03-06 10:03:37 [EST]
(Supp. No. 19, Update 1)

Residential Buildings and Uses.

For single-family and multi-family residential buildings and uses, refer to the Minimum Design and Performance Standards contained in the RS and RMResidential Districts, Section 10-1.200.

SEC. 10-1.2000 AGRICULTURAL DISTRICT (A)17
SEC. 10-1.2015 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the A District as primary uses.
(1) Agricultural Uses.
(a) Crop and tree farming. (Including truck gardening, nurseries, greenhouses, apiaries, hatcheries, aviaries, flower or vegetable gardens and similar uses) (b) Farm or ranch. (For the grazing or breeding of livestock, provided livestock is not kept within a distance of 40 feet from any dwelling, or the boundary of any district other than A or FP Districts.)
(c) Sale of fruits, vegetables, and flowers grown on premises. (Provided sales or displays are not conducted from a motor vehicle, or a structure or stand exceeding 300 square feet in area. (2) Residential Uses.
(a) Single-family dwelling.
(b) Group home for 6 or fewer residents, excluding staff. (See definitions) (3) Other Uses.
(a) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735.c. for standards)
(b) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(c) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the A District:
(1) Residential Uses.
(a) Accessory dwelling unit(s). (Also referred to as "Granny flat, in-law unit, second dwelling unit.")Where primary use is residential, See Section 10-1.2740 for criteria and standards.) (b) Second single-family dwelling. (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).

17Section 10-1.2020(b)(3) amended by Ordinance 04-13, adopted September 28, 2004.

Section 10-1.2000 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2023-03-06 10:03:37 [EST]
(Supp. No. 19, Update 1)

(2) Other Uses.
(a) Accessory buildings and uses. (Including green houses, stables, barns, corrals, pens, coops, and structures used for parking or processing of products raised upon the premises, and similar uses and structures customarily incidental to agricultural uses. Also see Section 10-1.2735.e.) (b) Garage sales. (4 per year per dwelling. See Section 10-1.2735.d.) (c) Home occupation. (See definitions)
(d) Livestock, large and small. (See Section 10-1.2735.e. and definitions.) (Amended by Ordinance 17-16 , adopted Nov. 7, 2017)
SEC. 10-1.2045 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

This Section establishes design and performance standards that shall apply to the construction of agricultural, commercial, and residential buildings and uses in the A District.

Single-family DwellingResidential Uses.

For single-family dwellings, additions, accessory buildings andresidential uses refer to the applicable criteria and standards contained in the ResidentialS Districts, Section 10-1.20045.

SEC. 10-1.2400 SPECIAL LOT STANDARDS COMBINING DISTRICT (B) SEC. 10-1.2445 MINIMUM DESIGN AND PERFORMANCE STANDARDS.

Shall be the same as the primary district combined with:

TABLE 2

B DISTRICT LOT REQUIREMENTS
B Districts Minimum Lot
Size
(Sq. Ft.)
Minimum Lot
Area Per
Primary Use
(Sq. Ft.)**
Minimum Lot
Frontage
(Feet)
Minimum
Average
Lot Width
(Feet)
Maximum
Lot
Coverage
(Percent)
Minimum
Average
Lot Depth
(Feet)
B3.5 6,000 3,500- * 60 * *
(RLS)B4 4,000 4,000- * 50** * *
(RM)B4 8,000 4,000- * 60 * *
B6 6,000 6,000- * 60 * *
B7 7,500 * - * 70 * *
B8 8,000 8,000- * 70 * *
B10 10,000 10,000- * 80 * *
B20 20,000 20,000** * 100 * *
(AT)B25 25,000 25,000** * * * *
B40 40,000 40,000- * 120 * *
B2.5A 2.5 acres 2.5 acres** * 200 * *
B5A 5 acres 5 acres** * 250 * *
B10A 10 acres 10 acres** * 400 * *

Created: 2023-03-06 10:03:38 [EST]
(Supp. No. 19, Update 1)

B100A 100 acres 100 acres** * 400 * *
B160A 160 acres 160 acres** * 400 * *

Notes:
* Same as primary district combined with.
** Corner lots shall be a minimum of 55 feet in width. Only applies to non-residential primary uses.

The number of residential units shall be determined by the allowable density within the underlying General Plan land use designation.

TABLE 3

B DISTRICT YARD REQUIREMENTS
B Districts Minimum
Front Yard
(Feet)
Minimum
Side Yard
(Feet)
Minimum Side
Street Yard
(Feet)
Minimum
Rear Yard
(Feet)
B3.5 * * * *
(RLS)B4 * * * *
(RM)B4 * * * *
B6 * * * *
B7 * * * ***
B8 * * * *
B10 * * * *
B20 * * * 20
(AT)B25 * * * *
B40 20 ** 20 20
B2.5A 30 ** 20 30
B5A 30 ** 20 30
B10A 30 ** 20 30
B100A 30 ** 20 30
B160A 30 ** 20 30

Notes:
* Same as primary district combined with.
** 40 feet combined, with one side yard not less than 10 feet. *** Within new subdivisions of ten or more dwellings, one-story dwellings may be as close as ten feet to front and rear property lines as long as there is at least 1,000 square feet of usable open space in the rear yard and garages are at least 20 feet from front property lines.

SEC. 10-1.2600 SPECIAL DESIGN OVERLAY DISTRICT (SD)

Hayward, California, Municipal Code Created: 2023-03-06 10:03:39 [EST] (Supp. No. 19, Update 1)

SEC. 10-1.2600 SPECIAL DESIGN OVERLAY DISTRICT (SD)18
SEC. 10-1.2610 "B" STREET SPECIAL DESIGN STREETCAR DISTRICT (SD-1).

The following specific design requirements shall apply to the "B" Street Special Streetcar Design District (SD - 1).
a. Landscape.
(1) Sycamore street trees shall be maintained and replaced if missing or deemed unhealthy by the City’s Landscape Architect or a certified Arborist.
(2) Required fFront yard setback, except for access driveway, shall be landscaped. (3) Solid fencing or other fencing higher than 3 feet shall not be permitted in front yard. Fencing within the required front yard shall be permeable (maximum 75% solid) and a maximum height of 3 feet.
b. Siting.
(1) Depth of the front yard shall generally conform with adjacent yards of original houses except for commercial uses abutting the railroad and at the corners of "B" and Meekland and "B" and Watkins.
(21) New buildings shall maintain the rhythm of houses at 50-foot intervals, such as, no continuous front wall planes shall span an original lot lineelevations may exceed 40 feet, except for commercialnon-residential uses abutting the railroad and at the corners of "B" and Meekland and "B" and Watkins.
(32) Primary entrances shall be oriented toward "B" Street. (43) Parking shall be located to the rear of the front building. c. Architecture.
(1) Except for possible flat roofs on commercial buildings abutting railroad and at the corners of "B" and Meekland and "B" and Watkins, primary roofs shall be hip, gambrel, or gable design. (2) Front building entrance shall be featured; rResidential entrances shall incorporate an porch, elevated at least 12 inches above the finished grade porch and at least 5 feet deep and 10 feet wide.
(3) Substantial window areas shall overlook street.
(4) Architecture and materials shall be sympathetic to original Victorian, Colonial Revival, or Craftsman styles; for example, untrimmed openings, garish colors, and plywood siding generally not acceptable.

18Section 10-1.2630 added by Ordinance 03-11, adopted July 22, 2003.

Section 10-1.2630 amended by Ordinance 05-04, adopted July 26, 2005 and became effective May 31, 2006.

Section 10-1.2635 added by Ordinance 06-13, adopted July 11, 2006.

Section 10-1.2640 added by Ordinance 09-07, adopted July 7, 2009.

Section 10-1.2635 repealed by Ordinance 11-12, adopted October 11, 2011.

Section 10-1.2615 repealed by Ordinance 12-02, adopted January 10, 2012.

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(Supp. No. 19, Update 1)

SEC. 10-1.2615 MISSION CORRIDOR SPECIAL DESIGN DISTRICT (SD-2) Note(s)—(Repealed by Ordinance 12-02, Adopted January 10, 2012) SEC. 10-1.2620 COTTAGE SPECIAL DESIGN DISTRICT (SD-3).
a. Design Theme. This overlay district allows an 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. Cottage development, as defined in Sec. 10-1.2620(b) below, may utilize lesser lot sizes and parking requirements therein; other development within this Special Design District may utilize lesser lot sizes and parkingis subject to the requirements of the underlying district and respect the context of small-scale residential development in design and siting. Typical pioneer cottages have a medium pitch hip or gable roofs; double-hung, vertical windows, symmetrically arranged; wide horizontal wood siding; front porches across all or most of the front elevation with decorative wood post and balustrade; exterior steps ascending from raised basement level and white picket fences. Later Victorian c ottages with more decorative elements and still later Craftsman cottages have related rooflines, materials, and orientation to the street. ba. Parameters of Cottage Development.
(1) A cottage shouldhall not exceed 1,200 square feet of living space or have more than 900 square feet on one floor.
(2) Maximum Building Height: 28 feet.
(3) Minimum Lot Size: 2,800 square feet.
(4) Minimum Lot Width: 35 feet.
(5) Minimum Front Setback: 10 feet, unless nearest cottage on same street has less. (6) Minimum Side Setback: 5 feet.
(7) Minimum Rear Setback: 20 feet.
cb. Driveways and Parking. The Cottage District development pattern was established before cars, and suits households with one or no motor vehicles. One off-street parking placedspace per cottage is required;. a single-car garage in a raised basement or back yard, or nearby leased parking, may be appropriate depending upon site circumstance. Driveways shouldall generally be limited to a 10 feet and in no caseshall not exceed 30 percent of the lot width. Double-car garages in the front street elevation are prohibited. dc. Fences and Street Lighting. Front fences shouldall be white picket fences; walls across the front of the lot and chain link fences are prohibited. A lantern style pedestrian light nearwithin five feet of the sidewalk at the front entry walkway shall be provided.
ed. Architecture. Typical pioneer cottages have a medium pitch hip or gable roofs; double -hung, vertical windows, symmetrically arranged; wide horizontal wood siding; front porches across all or most of the front elevation with decorative wood post and balustrade; exterior steps ascending from raised basement level and white picket fences. Later Victorian cottages with more decorative elements an d still later Craftsman cottages have related rooflines, materials, and orientation to the street. New cottage development shouldall continue themes ofhave horizontal wood siding on all facades, hip or gable rooflines of medium pitch, and a front entry porch equal to at least 60 percent of the width of the front facing façadethat is at least 12 inches above the finished grade and at least 5 feet deep and 15 feet wide.that is expansive relative to the size of the cottage.

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SEC. 10-1.2625 CANNERY AREA SPECIAL DESIGN DISTRICT (SD-4).

Consistent with the General Plan, the purpose of the Cannery Area Special Design District (SD -4) is to implement policies embodied in the Cannery Area Design Plan. The Cannery Study Area contains older industrial uses that are surrounded by residential areas. The Design Plan envisions conversion of the industrial uses to commercial uses, residential uses, or mixed uses, as appropriate. The following design requirements shall apply to the Cannery Area Special Design District (SD-4):
a. Design Theme. The overall layout and design of development proposed within this district shall be consistent with the provisions of the Cannery Area Design Plan. b. Administrative Use Permits. Pursuant to requirements of the Industrial (I) District, any industrial use(s), or uses determined to be similar by the Planning Director, located on a parcel(s) which abuts an R, A, MH, OS or residential PD zoning district, shall require the approval of an Administrative Use Permit. cb. Block Pattern and Street Layout. The overall block pattern and street layout in proposed developments shall conform to the Design Concept as contained in the Cannery Area Design Plan. The design of streets and the width of the public right-of-way shall be consistent with the Park and Street Network and Street Sections and Plans as contained in the Cannery Area Design Plan. dc. Development Densities. Densities of new development shall be consistent with the applicable General Plan designations and shall further conform to the densities specified in the Land Use plan as contained in the Cannery Area Design Plan.
ed. Live-Work Spaces. Live-work developments shall be located within the designated blocks as indicated in the Cannery Area Design Plan. The design of live-work developments shall be consistent with the guidelines for Typical Blocks as contained in the Cannery Area Design Plan and with any ordinances or other guidelines that may be subsequently adopted by the City. fe. Building Setbacks. The required setback for new development shall be 10' as indicated by the Build -to- Line shown on the Design Concept and Land Use maps in the Cannery Area Design Plan. Architectural features such as cornices, eaves, open porches, bay windows, and canopies may extend into the required front yard as specified in the Cannery Area Design Plan. gf. Parks and Open Space. Parks and other open space proposed within new developments shall be consistent with the Park and Street Network as contained in the Cannery Area Design Plan.

SEC. 10-1.2630 MISSION-GARIN AREA SPECIAL DESIGN DISTRICT (SD-5). a. Purpose. The purpose of the Mission-Garin Area Special Design District (SD-5) is to ensure the orderly development of the Mission-Garin Area (see map, below), consistent with the policies and strategies contained in the General Plan and the provisions of the Hillside Design Guidelines. Cin this District, clustering of residential development is encouraged, with development located so as to avoid geologic hazards, minimize grading and preserve significant natural site features, such as rock outcroppings, nature trees , natural drainage courses and scenic views. Preferred hillside development includes clustering of dwelling units, whether single-family or multi-familydetached or attached, separated by inter-connected natural open space or greenbelt corridors.

This District establishes the total dwelling unit potential (see table, below) for the area within the District and sets forth development standards and design guidelines that apply to future development within this District. ba. Dwelling Unit Allocation. Development for any parcel or combination of parcels shallwill be consistent with the dwelling unit allocation set forth in the table set forth below. Adjustments to the dwelling unit allocations for specific properties may be considered by the City Council based on presentation of more

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(Supp. No. 19, Update 1)

detailed data, findings of site-specific environmental analyses, and/or as a result of the application of the development standards outlined below during the review of individual development projects. In no case will the total number of dwelling units exceed the maximum shown for the entire District. For any parcels not specifically identified in the attached table, the number of dwelling units to be allocated willshall be determined by the City Council in a manner consistent with that used for properties i ncluded in the table and supported by adequate environmental analysis.
cb. Development Standards and Design Guidelines. Clustering of residential development is encouraged, with development located so as to avoid geologic hazards, minimize grading and preserve significant natural site features, such as rock outcroppings, nature trees, natural drainage courses and scenic vie ws. Preferred hillside development includes clustering of dwelling units, whether single -family or multi-family, separated by inter-connected natural open space or greenbelt corridors.

New development shawill adhere to the following development standards and design guidelines. To the extent that the following provisions conflict with the Hillside Design and Urban/ Wildland Interface Guidelines, the following standards shall prevail. As required by the established review process, proposed development projects will be referred to the Planning Commission and, as appropriate, the City Council, for review and action. (1) In order to promote the preservation of natural features while achieving the development potential established for this District, Planned Development applications may be required. (21) Development is not permitted within areas where natural slopes are generally greater than 25 percent. (3) Grading willshall be consistent with the Hillside Design Guidelines and Section 10-1.204(HG). For developments on slopes greater than 15 percent, at least 50 percent of the dwelling units willshall feature a stepped design.
(4) The slope of streets shawill not exceed 12 percent unless necessary to minimize significant gradingpermitted by the Fire Marshall and Public Works Director. (5) Pedestrian movement will be encouraged through the provision of pathways are required on at least one side of the street. On longer streets, pPedestrian links between streets shawill be provided at a minimum of 750-foot intervals.
(6) New construction, including new roadways, willshall be set back at least 100 feet from the top of any creek bank.
(7) Exposed drainage systems willshall be constructed of river rock or grassy swales or similar, as approved by the Public Works Director. materials that blend with the natural environment (e.g., grassy swales or river rock).
(8) Development plans will feature the preservation of the greatest possible number of native trees, consistent with provisions of the Tree Preservation Ordinance. (9) Structures will be of high quality design, compatible with the natural surroundings and will feature darker earth-tone colors.
(10) Lower portions of homes will be screened through the plantings of native trees and shrubs. (11) Preservation of views toward the bay in the hillsides will be incorporated into the design and layout of developments.
(128) Detached single-family residential development projects willshall include at least 10% percent one- story units. A lesser amount may be considered based on topographic conditions. (13) Architectural plans should utilize stepped or transitional front elevations, with the entries and windows visible from the street. The plans should feature alternating roof lines and forms, and incorporate decorative siding materials, entry doors and windows.

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(Supp. No. 19, Update 1)

(149) Densities shall be developed to no less than the midpoint for the assigned density range50 percent of the maximum allowable.
(1510) Computer visual simulationsThree dimensional renderings are required as part of application submittals for any new development. Vantage points are to be approved by staff.

Mission-Garin Area Special Design (SD-5) District
Maximum Total Dwelling Unit Potential
The SD-5 special design district comprises approximately 363 acres. The maximum dwelling unit potential shown in the table below excludes parcels/areas totaling approximately 57 acres within the district that are considered as developed or rural home sites with little potential for subdivision due to size, slope, earthquake faults, etc.

Owners of Parcels Maximum Potential Dwelling Units
Christiansen 1

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(Supp. No. 19, Update 1)

Angelo 1
Garin (Pistol Range) 1
Tomanek 1
Clanton 3
Ersted 115
La Vista Quarry1 16
Warren (Garin Vista) 115
McKenzie 54
Clearbrook Partnership2 13
TOTALS: 320

1 Consists of the following parcels/areas: Lynch/East Bay Excavating Co./Warren (North)/Warren (Central)/DeSilva Group
2 Does not include the potential for an additional 12 dwelling units associated with the approved Oak Hills Planned Development
SEC. 10-1.2635 SOUTH HAYWARD BART/MISSION BOULEVARD SPECIAL DESIGN DISTRICT (SD- 6).

Note(s)—(Repealed by Ordinance 11-12, Adopted October 11, 2011) SEC. 10-1.2640 HAYWARD FOOTHILLS TRAIL (SD-7).
a. Purpose. The purpose of the Hayward Foothills Trail Special Design District (SD -7) is to ensure the orderly development of a continuous trail as properties involved in the 238 Bypass Land Use Study are developed.

The District establishes the general location for the trail (see map, below) as well as the standards and guidelines for establishing the trail.
ba. Development Standards and Design Guidelines. The development of the trail shall adhere to the following development standards and design guidelines.
(1) The trail is envisioned toshall be a 16-foot wide trail within a 20-foot wide area where possible, to accommodate multiple users. A reduced width may be approved by the Planning Director and the Hayward Area Recreation and Park District (HARD) where the standard width is infeasible. (2) The trail is envisioned toshall be established generally in the locations as shown on the maps below unless an alternative route is approved by the Planning Director and HARD. (3) Where the trail traverses individual properties, it is envisioned to be developed in a location which will maximize the future development potential of the property. (43) The trail design shall be developed in coordination and =approved by the Hayward Area Recreation and Park District (HARD) and in accordance with the District's trail standards. (54) The trail shall be developed in areas where the national slope is less than 25 percent, if possible. (65) The trail shall be a multi-use trail for pedestrian and bicycles and shall be available to the entire Hayward community as well as visitors to the Hayward community. (76) Residential or non-residential development adjacent to the trail shall maintain at least a ten foot setback from the edge of the trail, where feasible.

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(Supp. No. 19, Update 1)

(87) Where the trail traverses individual properties, if possible, the trail shall be located in front of structures to accommodate greater visibility and easier access, for the safety of all trail users and the occupants of future developments.

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(Supp. No. 19, Update 1)

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(Supp. No. 19, Update 1)

SEC. 10-1.2700 GENERAL REGULATIONS19
SEC. 10-1.2720 SPECIAL LOT REQUIREMENTS.

No parcel of land shall hereafter be reduced or divided so as to provide less than the minimum lot size or dimensions required in the district in which such land is situated unless otherwise authorized by provisions of this ordinance and/or the Subdivision Regulations.
a. Minimum Lot Frontage. Except as provided herein, each lot shall have a minimum frontage of 35 feet. b. Lot Frontage Exception for Flag Lot(s). In the case of a flag lot(s) that has been approved in accordance with the provisions of the Chapter 10, Article 3, of the Hayward Municipal Code (Subdivision Ordinance), minimum frontage requirements may be reduced as follows:

19Section 10-1.2735 k. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.2735 b. repealed and replaced by Ordinance 06-03, adopted January 24, 2006.

Section 10-1.2735 b. amended by Ordinance 10-01, adopted January 5, 2010.

Section 10-1.2735 b. repealed and replaced by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.2735 c.—k. renumbered by Ordinance 13-12 , adopted November 19, 2013.

Sections 10-1.2735 i. amended by Ordinance 15-22 , adopted October 13, 2015.

Sections 10-1.2725 g., 10-1.2735 j. amended by Ordinance 15-30 , adopted December 1, 2015.

Sections 10-1.2735 e. amended by Ordinance 16-04 , adopted January 19, 2016.

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(Supp. No. 19, Update 1)

(1) Frontage for one lot shall be 22 feet, with access via a 16-foot-wide strip of land that provides for a 12-foot-wide paved travelway;
(2) Frontage for two or more lots shall be 28 feet, with access via a 24-foot-wide strip of land that provides for an 18-foot-wide paved travelway.
(3) As determined by the Planning Director or other approval authority, where feasible, adjoining flag lots may share a common access so long as the above standards are met. (4) The use of a flag lot(s) should generally be avoided where other lot designs are possible and they should not be used solely to increase the maximum number of lots. See City Standard Detail #SD - 109 and Design Guidelines for additional flag lot criteria. c. Lot Size Exception for Certain Substandard Lots. Any lot or parcel less than the minimum lot size or dimensions required may nevertheless be used as a building site if the lot or parcel was shown of record by the County Recorder as a lawfully created separate lot or parcel on the date the lot became substandard. In addition, either of the following circumstances must exist:
(1) The lot or parcel is not less than 80 percent of the size and average lot width requirements of the zoning district; or
(2) The lot or parcel is less than 80 percent of the size and average lot width requirements of the zoning district and there was no land abutting the lot or parcel under the same ownership on the date the lot became substandard.
d. Lot Size Exception for Lots made Substandard by Official Plan Line. Any lot or parcel made sub -standard in size or average lot width by an official plan line shall be deemed to comply with minimum requirements of area or average lot width required herein. e. Lot Size Exception for Lots made Substandard by Rezonings from Agricultural District to Agricultural Combining Districts. Any lot or parcel made substandard in size or average lot width by a rezoning from an A (Agricultural) District to an AB (Agricultural Combining) District shall be deemed to comply with minimum requirements of area or average lot width required herein.

SEC. 10-1.2725 SPECIAL YARD REQUIREMENTS.

Except as herein provided, every required yard shall be open and unobstructed and shall not be reduced or diminished in area so as to be smaller than prescribed by this ordinance. All uses shall be conducted indoors unless a use permit for outside storage has been approved.
a. Yards Measured from Official Plan Line. Wherever an official plan line has been established for any street or future right-of-way, required yards shall be measured from such line. b. Yard Calculations. Open area required for one building, lot, or use shall not be calculated as required open area or yard for any other building, lot or use. Except where part of an approved development plan, or authorized by other regulation herein or the Planning Director, no structure shall be located in a required yard area.
c. Yards on Dual Frontage Lots. Where the front and rear of a lot both have street frontage on approximately parallel streets, no above-ground structure shall be located closer to either street than the distance constituting the required front yard, except on those parcels where street access is restricted by regulations of a public authority, in which case building additions (not accessory structures) may be located within the yard where street access is restricted subject to requirements for rear yards.
d. Yard Exceptions - Garages on Slopes.

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(Supp. No. 19, Update 1)

(1) Wherever the difference in elevation exceeds 5 feet between the front yard setback line and:

1. the elevation of the existing or planned street grade, or

2. the elevation at the rear line of a front yard,
Or:
(2) Wherever the difference in elevation exceeds 2½ feet between the side street property line and the rear line of a side street yard,
Then, the horizontal distance from any garage or parking space in no case shall be less than 5 feet from the property line or an official plan line. This exception shall not apply on those streets where no on - street parking is permitted along the lot frontage unless a minimum of 2 additional spaces are provided on site in conformance with all required yard and design requirements. e. Yard Exceptions—Overhangs, Stairways, Chimneys, Open Porches and Architectural Features.

Architectural features such as cornices, eaves, open porches, bay windows, and canopies may extend 2 feet into any required side yard and may extend 5 feet into any required front or rear yard. Chimneys, media niches combined with chimneys (which shall not exceed 10 feet in width), landing places, or outside open stairways may project 3 feet into any required yard. f. Yard Exceptions—Vision Clearance. On a lot situated at the intersection of two or more streets, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to be in violation of Ordinance No. 100 C.S., as amended, Hayward Traffic Code, Sections 9.01 through 9.05, relating to Obstructions to Visibility at Intersections Prohibited, as the same are now in effect or which may hereafter be amended or replaced.
g. Yard Exceptions—Fences, Hedges, Walls.

Fence Height.
(1) In all OS, A, FP, RLS, RNP, and RS RM, and RH Districts, fences, hedges, and walls may be constructed to a height of 6 feet in any side or rear yard, and to a height of 4 feet in any portion of a front or side street yard, except that where the rear or side yard is contiguous to commercially or industrially developed or zoned land, freeway, flood control channel, parking lot or arterial street, a maximum 8-foot-high fence or wall may be permitted. For the RS District, an 8-foot-high fence or wall may be permitted adjacent to any non-residential zoning District. (2) Fences, hedges, and walls on through lots shall be limited to a height of 4 feet in any portion of the front yards unless determined by the Planning Director that up to a height of 6 feet (7 feet in a residential district) across a front property line acting as a rear property line would not compromise the safety of motorists and pedestrians nor the aesthetic value of the streetscape. (3) Fences or walls required to surround and enclose public utility installations are not limited as to height in any district.
(4) In all multi-family, commercial, or central city districts, no fence or wall shall be located in any required front or side street yard except as part of an approved development plan or if approved by the Planning Director.
(5) Notwithstanding subsection (4) above, a 6 foot tall perimeter fence may be erected within the required front, side and rear yards of a vacant parcel or a vacant building in all zoning districts, subject to the standards set forth in Section 10-1.2735.j, Fence Regulations for Vacant Properties. h. Yard Exceptions—Accessory Buildings and Uses.
(1) In conjunction with single-family development located on parcels zoned for same, and in zoning districts where single-family homes are permitted:

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1. Accessory buildings not used for parking and not exceeding 14 feet in height and 120 square feet in area and detached from the main buildings, when located in area other than the required front yard (i.e., in side or rear yard area), shall be placed no closer than 3 feet from the side and rear property lines.

2. Accessory buildings or carports exceeding 120 square feet in area or open parking spaces shall be located no closer than 5 feet from the side and rear property lines.

3. Accessory building(s), garage(s), and one-story home additions may not cumulatively occupy more than 40 percent lot coverage of a required rear yard. (2) For legal, conforming residences in other districts, setbacks for accessory buildings when located between the rear of the main building and the rear lot line may be placed 5 feet from the side and rear property lines or within the building envelope; and when located between primary structures and the right-of-way, all front and side yard setbacks shall be met. (3) For other zoning districts where residential uses are permitted, carports in conjunction with multi-family development may be placed 5 feet from rear and side property lines when there would be no negative visual or noise impact on the adjacent use, as determined by the Planning Director.

Ih. Yard Exceptions—Narrow Lots. A required side yard may be reduced to 3 feet adjacent to an access driveway installed in conjunction with a multi-family development where the parcel is less than 51 feet in width.

Ji. Special Yards—Structures on Same Lot. In R, A, and CO Districts, no primary structure shall be located less than 10 feet from another primary structure nor located less than 8 feet from an accessory structure, except that an accessory structure may be 6 feet from a single-family dwelling.

Kj. Special Yards—Lots with Approved Private or Easement Access. The required minimum yards for a lot which has indirect access via an approved private access or an easement to a public street shall be the same as that required for a lot which has direct access onto a public street. l. Special Yards—One-Story Additions, Single-Family Dwellings. Reduction of the rear yard to 10 feet for one-story additions to single-family dwellings is permitted provided the required rear yard is not reduced by more than 20 percent and provided the cumulative coverage of the required rear yard does not exceed 40 percent.

Mk. Special Yards—Flag Poles, Towers, Antennas, Satellite Earth Stations. (1) Flag poles less than 25 feet in height which display the American flag and permitted commercial flags, may be located in any yard of any district but in no case shall they be located closer than 5 feet to a property line.
(2) Radio and television antennas and other wireless telecommunications facilities shall comply with the requirements of this ordinance and Chapter 10, Article 13 of the Hayward Municipal Code.

Nm. Special Yards—Swimming Pools, Hot Tubs, Spas. In any R, residential PD, A, or CO District, swimming pools, hot tubs, and spas may be located in any yard other than the required front or side street yard, provided that no wall line of a pool shall be closer than 5 feet from any property line. o. Special Yards—Decks. In conjunction with a single-family dwelling in any R District:
(1) Decks less than 30 inches in height may be located in any rear or side yard but no closer than three feet to the rear or side property line.
(2) Decks located in the front or side street yards shall not exceed 12 inches in height unless approved by the Planning Director or other approval authority.

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(3) Decks 30 inches or more shall conform to normal yard requirements.

Pn. Special Yards—Handicap Accessibility. Ramps shall meet setback requirements of each zoning district.

Exceptions shall be made for reasonable accommodation where no practical alternative exists and where building/fire code requirements are met.

Qo. Front Yards—Driveway Width and Coverage.
(1) Driveway width, regardless of the number of driveways, shall not exceed 20 feet in front of the garage, except for 3-car garages where the width shall not exceed 26 feet. In addition, for access to a recreational vehicle storage area adjacent to a dwelling, a maximum 10-foot-wide driveway may be located on the opposite side of the lot from the garage, and outside the required side yard.
(2) For lots 70 or more feet in width, the Planning Director may approve a greater driveway width if the Planning Director determines the design of the driveway is aesthetically pleasing and compatible with the lot terrain and adjacent development, and will not create a pedestrian or vehicular hazard. For single-family homes, the total paved surface for vehicle parking, storage, and access in required front yard shall not exceed 50 percent. (3) For single-family homes, a curved driveway ("“Hollywood driveway"”) is permitted on lots that are 100 feet or more in width, and where item #(2) above is met.

SEC. 10-1.2730 SPECIAL HEIGHT REQUIREMENTS.
a. Reserved.

Ba. Height—Exceptions.
(1) Chimneys, cupolas, flagpoles, elevator shafts, radio and television towers, wind machines, and similar mechanical or architectural appurtenances, if attached to a building shall not exceed a height of 15 feet unless authorized by the Planning Director or other approval authority for two-story dwellings or dwellings located on hillsides. If not attached to a building, they shall not exceed 25 feet in height unless authorized by the Planning Director or other approval authority. (21) Church steeples may be exempted from the height requirements as long as the steeples are in scale with the design of the church/religious facility and surroundings, as determined by the Planning Director or other approval authority.
c. Height—Accessory Building. Unless otherwise specified in the District Regulations, an accessory building shall not exceed one story in height.
(Amended by Ordinance 18-02 , adopted February 6, 2018) SEC. 10-1.2735 SPECIAL STANDARDS AND CONDITIONS FOR CERTAIN USES.

Special standards and conditions as set forth below are applicable to uses enumerated in this Section and listed in the individual districts. Departure or variation from these standards is permitted only when it can be established by the applicant that the intent and purpose of the district or the necessary findings for permit approval, as specified in this ordinance, are not compromised. Where warranted by ordinance regulations or to implement official City policy, standards of development may be required that exceed those listed in this Section. g. Manufactured Housing Regulations. Manufactured housing to be installed on a lot shall have been constructed after July 1, 1976, and shall bear an insignia of approval under the National Mobile Home Construction and Safety Standards Act of 1974 and shall be erected in compliance with the following:

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(1) Shall be attached to a permanent foundation pursuant to Health and Safety Code Section 18551, and shall have all utility connections conform to all requirements of the City '’s Building, Plumbing, Electrical, and Mechanical Codes.
(2) Shall be a minimum of 20 feet wide.
(3) Shall have a roof constructed of asphaltic, wooden, glass fiber or tile materials. (4) Shall have wood, masonry or stucco siding which will extend to the ground (except when a solid masonry perimeter foundation is used, the siding need only extend to the top of the foundation). (5) Shall have an overhang or eave extending a minimum of 14 inches from the wall. (6) Shall be of a design which utilizes offsets and recesses in the exterior walls, similar to conventionally constructed housing, and have a floor height no more than 30 inches above the finished grade of the building pad.
(7) Shall include a minimum 20-foot-wide garage (interior dimension) and/or landscaping where necessary to make the house compatible with surrounding residential development. (8) Shall conform with City of Hayward Design Guidelines and Hillside Design and Urban/Wildland Interface Guidelines.
k. Fence Regulations for Vacant Properties.
(1) Purpose. The purpose of this section is to set forth design and performance standards for perimeter fencing within required yards of vacant buildings and sites. (a) Vacant buildings and sites provide convenient locations and opportunities for dumping, trespassing and other illegal activities, resulting in public nuisances. (b) Installation of perimeter fencing around vacant buildings and sites discourage potential public nuisances. However, the City must balance the benefit of security and prevention of public nuisances with the aesthetic impact of excessive use of chain lin k fencing typically utilized to secure vacant property.
(c)© The City has an interest in ensuring that highly visible perimeter fencing installed along property frontages of vacant buildings and sites is well-designed, durable, and maintained in good condition to discourage blight and trespassing on such properties and to promote the aesthetic character of the city.
(2) Applicability. These regulations shall apply to all properties that are determined to be vacant as defined in Section 10-1.3500, for a minimum of 30 days. (3) Fencing installed pursuant to this section shall comply with the following standards:
(a) A perimeter fence may be installed around a building or site that is vacant pursuant to Section 10-1.3500, Definitions.
(b) Fencing installed pursuant to this section shall not exceed six feet in height within the required setbacks.
(c) Residential, Commercial and Mission Boulevard CodeSouth Hayward BART-Mission Boulevard and Hayward Mission Boulevard Corridor Form-Based Code, Open Space and Public Facilities Districts, except Central City Districts: Fences located along front, corner, or street side yards of properties with any frontage along roadways identified as arterial and collector streets in the City of Hayward General Plan shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, wood -plastic composite, vinyl clad chain link (black or green), fence lace style or Omega style fencing. Fencing around

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properties fronting roadways identified as local streets in the City of Hayward General Plan and all interior lot line fencing, regardless of location, may be chain link. (d) Central City Districts and Downtown Specific Plan Code: Fences located along property lines that front public right-of-way shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, fence lace style or Omega style fencing. Interior lot line fencing that does not front public right-of-way may be chain link. (e) Planned Development (PD) Districts: Fence standards for PD District properties shall be as approved in the PD District. If not specified in the PD District regulations, fence standards for vacant PD zoned properties shall be the same as those of the nearest adjacent zoning district as set forth in c and d above, and f below, as determined by the Planning Director or designee.
(f) Industrial and Other Districts: Chain link perimeter fencing may be placed around all sides of vacant properties, including those fronting public right-of-way. Such fences shall be consistent with the fence placement and height standards set forth in t his subsection, unless otherwise permitted by the Planning Director or designee. (g) Alternative fencing materials for all zoning districts may be approved by the Planning Director or designee upon finding that the proposed fence material is not chain link, is durable, well-designed, and enhances the aesthetic character of the City. (4) Maintenance and Performance Standards:
(a) Fencing installed pursuant to this section shall be maintained in good condition and appearance with no structural damage, tearing, fading or visible rust, and shall be free of graffiti.
(b) Fences posts shall be installed in the ground unless the perimeter of the site is paved in which case fence panel stands may be used. Fence panel stands shall be composed of the same material as the fence, structurally sound, and hold fence panels in a fully erect position.
(c) No portion of a temporary fence, including fence panel stands or other posts, shall encroach on City-owned right-of-way, unless permitted by an approved encroachment permit.
(d) No portion of a fence installed pursuant to this section shall impair driver visibility or create a traffic hazard or otherwise violate standards set forth in Hayward Traffic Code, Article 9, Obstructions to Visibility at Intersections.
(e) Fencing standards set forth above shall not apply to safety or emergency fencing installed on a vacant property when conditions on that property cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof. (5) Appeals of reviewing authority decisions made pursuant to this chapter shall be filed and processed in accordance with Section 10-1.2845, Appeal and Review Process, of this code. (6) Implementation. All owners of vacant property with perimeter fencing that is located within required front, side and rear yards shall have one year from the effective date of these regulations to remove all non-conforming fencing. However, any non-conforming fencing that is structurally damaged, rusting, fading or tearing shall be removed or replaced within 60 days of adoption of this ordinance.
l. Vehicle Parking, Repair, Display, and Storage Requirements. The ter“m "vehic”le" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross

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weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, special interest vehicle, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle as defined herein for living or sleeping purposes shall be prohibited except within mobile homes within an approved mobile home park.
(1) Single-Family Residential Uses.
(a) Parking and Storage in Front Yards. Vehicles shall be parked in the required front yard only on the paved driveway which provides direct access to the garage from a public street or an approved private street, perpendicular to the street, or on a curved dr iveway. (b) Parking or Storage in Other Than Front Yards. Parking or storage of vehicles in areas other than the front yard is permitted subject to the following requirements:
(i) No vehicle shall be parked or stored in a required side yard or side-street yard with the following exceptions: recreational vehicles that are not self -propelled, and are less than 6 feet in height, such as a boat, compact trailer tent or similar recreational vehicle can be stored in a required side yard if screened from view from the street by a 76 foot-high solid fence.
(ii) Parking or vehicle storage areas shall be paved with asphaltic or Portland Cement concrete and conform to City standards. A secondary driveway which provides access to a recreational vehicle storage area may be constructed with concrete, asphalt, or rock or concrete wheel tracks.
(iii) Open parking or vehicle storage areas located on lots less than 10,000 square feet in area shall not exceed 500 square feet in area (700 square feet for lots 10,000 feet or larger).
(iv) Open or covered parking areas, and garages or carports exceeding 120 square feet in area, shall be located no less than 5 feet from the side or rear property line and shall conform to all other requirements of the Zoning Ordinance and Building Code.
(2) Multi-Family Residential Uses—Prohibited Vehicles. Parking or storage of truck tractors or vehicles that are not self-propelled (trailers, boats mounted on trailers, and other vehicles or equipment of similar kind and use) are prohibited except within designated storage areas approved as part of the site plan review, use permit, planned development or building permit. (3) Display and Sale of Motor Vehicles. Display for sale of one motor vehicle, boat, trailer, motorhome, or other vehicle is permitted as an accessory residential use, provided said vehicle is registered to a person who currently resides on the property. Display for sale of any vehicle on any property not approved for such use is unlawful, and legal action may be taken against the vehicle owner, property owner, or both.
(4) Vehicle and Boat Repair. It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle or boat repair in any residential zone:
(a) Upon any vehicle which is not registered to a current occupant of the premises where the work is being performed; or
(b) Upon more than two (2) vehicles at one time on the same premises or by the same person; or
(c) Outside a fully enclosed structure for uses defined as major automobile repair as defined in Section 10-1.000 of this Ordinance. Minor automobile repair may be performed outside a

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fully enclosed structure where elapsed time between the beginning and end of the repair does not exceed forty-eight (48) hours. Vehicle painting, other than spot painting, shall not be permitted in residential zones.

SEC. 10-1.2736 DEMOLITION OF EXISTING RESIDENTIAL UNITS. a. A housing development project shall not require the demolition of residential dwelling units unless the project creates at least as many residential dwelling units as will be demolished. b. A housing development project shall not require the demolition of occupied or vacant protected units, unless all of the following apply:
(1) The project will replace all existing or demolished protected units. (a) Any protected units shall be considered in determining whether the housing development project satisfies the requirements of Hayward Municipal Code Chapter 10, Article 19 Density Bonus Ordinance or Chapter 10, Article 17 Affordable Housing Ordinance. (b) If a protected unit that is or was subject to a form of rent or price control and that is or was occupied by persons or families above lower income within the five-year period preceding the development application, the replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years.
(2) The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years. (3) Any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to California Government Code Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (4) The developer agrees to provide both of the following to the occupants of any protected units:
(a) Relocation benefits to the occupants of those affordable residential rental units, subject to California Government Code Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (b) A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined in 50052.5. (c) For purposes of this Section:
(1)“Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
(2) “Protected units” means any of the following:
(I) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.
(II) Residential dwelling units that are or were subject to any form of rent or price control within the past five years.
(III) Residential dwelling units that are or were occupied by lower or very low income households , seniors or persons with disabilities within the past five years.

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(IV) Residential dwelling units that were withdrawn from rent or lease in accordance with California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years.

SEC. 10-1.2740 ACCESSORY DWELLING UNITS20
SEC. 10-1.2741 PURPOSE.

The ordinance codified in this section establishes regulations for the construction of accessory dwelling units subordinate to single-family dwellings. This section provides reference to the regulations for Accessory Dwelling Units as provided in Government Code Sections 65852.2 and 65852.22, as amended from time to time. Accessory dwellings units provide housing opportunities in a flexible manner to address the unmet demand for affordable housing and achieve the goals, objectives, and policies of the Hous ing Element and General Plan to provide a diverse mix of housing options for the community.

SEC. 10-1.2742 DEFINITIONS.
a. "Accessory dwelling unit(s)" shall be defined as an attached, detached, or internal residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel an existing single-family dwelling is situated or to be situated with the proposed development of single -family dwelling(s).

SEC. 10-1.2743 LOCATION CRITERIA.
a. Accessory dwelling units as detached, attached, or internal accessory uses shall be permitted in the Single - Family Residential (RS), Residential Nature Preservation (RNP), Medium-Density Residential (RM), Residential Office (RO), Agricultural (A) zoning districts, and in the T-3 Suburban transect zone in the Mission Boulevard Corridor Form-Based Code area, where one legally constructed single-family dwelling exists as the primary structure on the parcel.
b. Accessory dwelling units limited exclusively to the internal conversion or repurpose of an existing structure shall be permitted in the following zoning districts: Central-City Commercial (CC-C), Central-City Residential (CC-R), Central-City Plaza (CC-P), and Airport-Terminal Medium Density Residential (AT-RM) zoning districts, provided one legally constructed single-family dwelling exists as the primary structure on the parcel. c. Planned Development Districts. The new construction of attached and detached accessory dwellings units shall not be permitted in Planned Development (PD) zoning districts, unless otherwise specified within the original development proposal as an amenity. Accessory dwelling units involving the internal conversion of an existing structure shall be permitted provided the proposed unit complies with the criteria set forth in Section 10-1.2743(b) and the remainder of this Article, as applicable.

SEC. 10-1.2744 DESIGN AND DEVELOPMENT STANDARDS.

All proposed accessory dwelling units shall comply with the following design and development standards:

20Ordinance 17-16 , adopted November 7, 2017, adding Sections 10-1.2740 through 10-1.2747 to Chapter 10, Article 1, relating to Accessory Dwelling Units.

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a. Quantity. On any one parcel of land, no more than one accessory dwelling unit shall be allowed regardless of the number of single-family dwellings located on the lot. b. Unit Size. All proposed accessory dwelling units shall not exceed 50-percent of the habitable floor area of the existing single-family residence or 1,200 square-feet, whichever is less. Habitable floor area calculation shall not include garages, detached accessory structures, patio covers, porches, covered and uncovered balconies, and decks as determined by the Planning Director. c. Maximum Number of Bedrooms. Accessory dwelling units shall not exceed a maximum of two bedrooms as sleeping quarters.
d. Attached Units. Accessory dwelling units proposed to be attached from the primary residence shall comply with the development standards set forth by the underlying zoning for the primary structure including, but not limited to, setbacks, lot coverage, height, and architectural compatibility. e. Detached Units. Accessory dwelling units proposed to be detached from the primary residence shall comply with the minimum design and performance standards set forth by the underlying zoning district for detached, accessory and secondary structures including, but not limited to, setbacks, lot coverage, height, distance between structures, location and architectural compatibility. f. Setbacks. Accessory dwelling units proposed to be constructed atop of existing, legal detached garages shall provide a minimum five-foot setback from the interior side and rear property lines, unless a greater setback is required pursuant to Building and Fire standards or the property is a corner lot which shall comply with the minimum street-side setback requirements. Accessory dwelling units proposed to be attached or detached shall conform to the development standards and performance standards set forth in the underlying zoning district.
g. Height Restrictions. Accessory dwelling units shall comply with the following height restrictions based on the proposed location of the unit:
(1) Accessory dwelling units attached to the primary structure shall comply with the height limitations of the underlying zoning district for the principal structure. (2) Accessory dwelling units to be detached from the primary structure shall be limited to the height restrictions set forth in the underlying zoning district for detached, accessory and secondary structures.
(3) Accessory dwelling units proposed to be constructed atop of legally constructed detached garages shall be subject to the review and approval of a discretionary Site Plan Review application in accordance with Section 10-1.3000 of the Hayward Municipal Code. In order to deny a Site Plan Review application, the Planning Director shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. In any instance, the accessory dwelling unit shall be limited to the maximum height restriction of the primary structure within the underlying zoning district
h. Independent Exterior Access. Accessory dwelling units shall provide an independent exterior access separate from the primary residence. The separate entry constructed for the accessory dwelling unit shall not face the street or the public right-of-way.
i. Owner Occupancy. The legal property owner of the lot shall be required to reside in either the primary residence or the accessory dwelling unit located on the parcel. At no time shall the property owner rent the primary dwelling and the accessory dwelling unit separately or allow the main house and the accessory dwelling unit to be sublet individually while the property owner resides elsewhere.

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(1) The accessory dwelling unit shall not be sold separately from the principal residence. The rental and lease period for either unit shall be longer than a minimum of 30-days and shall not be utilized as a short-term rental.
j. Fire Sprinklers. Accessory dwelling units shall not be required to be equipped with fire sprinklers unless fire sprinkler installation is required for the primary dwelling k. Park Dedication In-Lieu Fees. Each accessory dwelling unit whether detached, attached, or internal shall be required to pay the applicable Park-Dedication In-Lieu fee as set forth in Chapter 10, Article 16 of the Hayward Municipal Code (Property Developers - Obligations for Parks and Recreation) prior to the date of final inspection or the date the Certificate of Occupancy is issued for the development, whichever occurs first.
l. Private Sewage System. If the accessory dwelling unit is proposed to incorporate or utilize a private sewage disposal system (e.g. septic tank or on-site wastewater treatment system), the applicant shall be required to provide documentation and proof by the Alameda County Department of Environmental Health at the time of application. No private sewage disposal shall be permitted where there is an available public sewer within 200-feet, measured along streets, alleys, or public right-of-way upon which a lot abuts pursuant to Chapter 11, Article 3 (Sanitary Sewer System) of the Hayward Municipal Code.

SEC. 10-1.2745 ADDITIONAL PROVISIONS FOR THE CONVERSION OF EXISTING STRUCTURES TO CREATE ACCESSORY DWELLING UNITS.
a. Setbacks. No side or rear yard setback shall be required for an existing, legally constructed garage or accessory structure that is converted into an accessory dwelling unit provided it is sufficient for fire safety standards as determined by the Hayward Fire Department and Chief Building Official. b. Utility Connection Fees. Accessory dwelling units constructed within the building envelope of the existing principal residence, garage, or accessory structure shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
c. Parking. No additional parking shall be required if the accessory dwelling unit is located is within the existing building envelope of the primary residence or accessory structure, unless it involves the conversion of a garage or reduction of the off-street parking requirement for the parcel.

SEC. 10-1.2746 PARKING.

Accessory dwelling units shall be required to provide parking in accordance with the following requirements:
a. Parking Requirement for Primary Residence. In any instance, the property shall be required to meet the minimum parking requirement as set forth in Chapter 10, Article 2, Off-Street Parking Regulations for the principal residence prior or concurrent to the application for an accessory dwelling unit. b. New Units. Accessory dwelling units shall be required to provide one (1) off -street parking space on the same lot as the unit in a covered, uncovered, or tandem configuration. Parking spaces may be located in the required setbacks provided the proposed location complies with the landscaping requirement in the front yard and minimum standards set forth within the Off -Street Parking Regulations for open parking spaces, unless otherwise approved by the Planning Director. c. Garage Conversions. Where garages are converted for the purpose of creating an accessory dwelling unit, replacement off-street parking shall be provided on the same lot as the unit in either a covered, uncovered, or tandem configuration provided the proposed location complies with the landscaping

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requirement in the front yard and the minimum standards set forth within the Off -Street Parking Regulations for open parking spaces, unless otherwise approved by the Planning Director. d. Parking Requirement Exemptions. Off-street parking shall not be required for accessory dwelling units if any of the following circumstances apply:
(1) The unit is located within one-half mile of public transit and bus stations. (2) The unit is located within an architecturally and historically significant historic district. (3) Where there is designated car-share vehicle parking within one block of the unit.

SEC. 10-1.2747 PERMIT REQUIRED.

Unless otherwise noted in this Ordinance, the applicant shall be required to obtain the approval of a Zoning Conformance Permit by the Planning Division prior to the submittal of a building permit application to the Building Division. Zoning Conformance Permits shall either be disapproved or approved within 120 days of the submission of a complete application. Application submittal requirements for an Accessory Dwelling Unit shall include the following items, in addition to the required fees for each accessory dwelling unit proposed in accordance with the adopted Master Fee Schedule:
a. Project Plans. The applicant shall be required to provide a site plan, floor plan, elevations, and cross sections of the proposed accessory dwelling unit drawn to scale. Plans shall include minimal project information, dimensions, and calculations including, but not limited to the proposed setbacks, lot coverage, height, distance between structures, square-footage, easements, materials, etc. as required by the Planning Director or his/her designee.
b. Deed Restriction. Prior to the issuance of a building permit for the accessory dwelling unit, the property owner shall file with Alameda County Recorder a deed restriction approved by the City stating compliance with provisions of this Ordinance and Hayward Municipal Code and such deed is binding upon any successor in ownership of the property, and lack of compliance shall be grounds for Code Enforcement action and removal of the accessory dwelling unit.

SEC. 10-1.2800 ADMINISTRATION AND ENFORCEMENT
SEC. 10-1.2830 CONFORMANCE—ADMINISTRATIVE MODIFICATION. a. Permits and licenses issued on the basis of plans and applications approved by the Planning Director are valid only for uses, arrangements, and construction set forth as approved. Any use, arrangement, or construction other than that authorized is a violation of the Zoning Ordinance. b. The Planning Director may administratively approve minor modifications to an approved permit or the conditions of approval so long as the changes do not materially alter the design, site layout, or conditions of approval of said permit.
c. The Planning Director may administratively reduce any yard requirement by 50 percent or any required lot size standard by 10 percent in any district if in the opinion of the Planning Director no practical alternative exists, the purpose of the district would not be compromised, no detrimental impact would result aesthetically, and the proposed use or construction otherwise complies with the City's land use and Building Code regulations. Any departure which exceeds 10 percent of such required standards is subject to notice as provided for in Section 10-1.2820 and appeal provisions as outlined in Section 10-1.2845.

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dc. The Planning Director may administratively waive the requirement for approval of a conditional use permit (where only required because abutting district is residentially zoned) or variance application where the Planning Director determines that the property abutting the proposed use or construction is used for State or Federal highway right-of-way, flood control channel, railroad right-of-way or similar uses, and provided said waiver will not compromise the purpose of the district and no detrimental imp act will result.

SEC. 10-1.3500 DEFINITIONS21
SEC. 10-1.3505 GENERAL.

For the purposes hereof certain words and phrases are defined and certain provisions shall be construed as herein set out unless it shall be apparent from their context that a different meaning is intended.

SEC. 10-1.3510 USES AND ACTIVITIES DEFINED.

ABUTS, ABUTTING, ADJACENT. Having a common property line or district line or separated only by a private or public street, alley or easement.

ACCESS. Safe, adequate, usable, and legal ingress or egress to a property or use.

ACCESSORY BUILDING. A detached, subordinate building or structure, the use of which is subordinate, and incidental to a lawfully permitted principal use or main building on the same lot and not used for sleeping quarters.

ACCESSORY DWELLING UNIT. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary

21Section 10-1.3510 amended by Ordinance 11-12, adopted October 11, 2011.

Section 10-1.3500 amended by Ordinance 13-13 , adopted November 19, 2013.

Section 10-1.3500 amended by Ordinance 13-18 , adopted December 17, 2013.

Section 10-1.3500 amended by Ordinance 14-06 , adopted February 4, 2014.

Section 10-1.3510 amended by Ordinance 15-23 , adopted October 13, 2015.

Section 10-1.3510 amended by Ordinance 15-31 , adopted December 1, 2015.

Section 10-1.3500 amended by Ordinance 16-05 , adopted January 19, 2016.

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residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

ACCESSORY USE. A use which is subordinate and incidental in height, bulk, volume and/or use to the lawfully permitted principal use on the same lot, and which does not alter the essential characteristics of said principal use and is in keeping with other uses permitted in the same district. Examples include:
a. A garage, carport, shed, or building for domestic storage; b. A children's playhouse, gazebo, greenhouse, pool or recreation building; c. Storage of merchandise normally carried in stock on the same lot with any retail service or business use;
d. Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities; and
e. Off-street parking.

AGRICULTURAL DISTRICT (A). A land use zoning district which preserves agricultural areas until such time as a change in zoning and land use designation occurs and orderly urban development may take place.

AGRICULTURE. The tilling of soil, horticulture, floriculture, viticulture, raising crops, livestock, farming, dairying, animal husbandry, including all uses customarily accessory and incidental thereto; but excluding slaughter houses, fertilizer works, bone yards, commercial feeding of garbage or offal to swine or other animals, or plants for the reduction of animal matter.

AIR TERMINAL DISTRICT (AT). A land use zoning district within which land uses may develop which provide commercial, industrial, and public land uses that are aviation-oriented. See Section 10-1.1900. This District includes the following Subdistricts:
a. Air Terminal—Operations (AT-O)
b. Air Terminal—Industrial Park (AT-IP)
c. Air Terminal—Aviation Commercial (AT-AC)
d. Air Terminal—Commercial (AT-C)
e. Air Terminal—Recreational (AT-R)
f. Air Terminal—Medium Density Residential (AT-RM)
ALLEY. A public way, less than 16 feet in width, but not less than 10 feet in width, which has been dedicated for public use.

ALTERATION. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.

AMBULANCE SERVICE. Any business which provides a facility for emergency medical team staff members (EMTs), and which dispatches ambulances for emergency response. Usually located on major arterial streets where there is no detrimental impact to residential areas due to noise and parking.

AMUSEMENT FACILITY. See "RECREATIONAL FACILITY" or "COMMERCIAL AMUSEMENT FACILITY." ANIMAL, EXOTIC. The words "exotic animal" shall mean any animals which are not customarily confined or maintained for domestic or commercial purposes and sometimes are kept as a pet or for display, including pot belly pigs, snakes, reptiles, emus, ostriches, or similar animals, as determined by the Planning Director based on criteria established by the State Department of Fish and Game.

ANIMAL, LIVESTOCK. See "LIVESTOCK."

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ANIMAL, POULTRY. The word "poultry" shall mean domesticated birds customarily kept for eggs or meat, including chickens, turkeys, ducks, geese, or similar animals, as determined by the Planning Director.

ANIMAL FANCIER. A person or persons which use a lot, building, structure, enclosure or other premises to house and maintain more than four livestock animals (i.e., horses, goats), or more than four household pets (i.e., dogs or cats) up to 12 maximum, each of which is over the age of four months, for the following purposes:
a. For showing in recognized shows (i.e., horse shows, dog shows, County Fair exhibits), or applicable obedience or field trials.
b. For working or hunting.
c. For improving the variety or breed with a view to exhibition in shows and trials. d. For household pets.
e. Such activity requires an "Animal Fancier's Permit" from the City Animal Services Bureau. For the purposes hereof, the breeding and sale of a litter of animals kept and maintained as household pets and/or maintained by an animal fancier, shall not be deemed and considered a commercial kennel, provided they are less than one litter per year and litters do not occur every year.

ANIMAL HOSPITAL. Any buildings or portion thereof designed or used for the care, observation or treatment of cats, dogs or other household pets, with incidental boarding. (Also referred to as Veterinary Hospital) ANIMAL, EXOTIC. Any animal, pure or hybrid, which is generally considered a non -domestic pet or livestock, that is poisonous; must be permitted by the State of California; has the propensity to be dangerous or aggressive to humans or other animals, is required to have an "Animal Fancier's Permit" from the City Animal Services Bureau.

ANTENNA. A device for transmitting or receiving radio, television, telecommunication, or any other transmitted signal. Usually mounted on a tower and/or rooftop. (Refer to Article 13, of Chapter 10 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devices.)
ANTIQUE STORE. A store engaged in the retail sales of goods, primarily works of art, furniture, or decorative objects, having the qualities of age or long existence or indicative of a specific period of craftsmanship and design.

An antique store may include the retail sales of "collectible" items, which are goods typically associated with a hobby (for example, stamps, Kewpie dolls, Roy Rogers memorabilia).

APIARY. The word "apiary" shall mean any premises where bees, hives, and related appliances are located.

See General Regulations Section 10-1.2735.e. "Livestock, Apiaries, and Household Pets" for regulations.

APPLIANCE REPAIR SHOP. An establishment engaged in the servicing and repair of home appliances (washers, dryers, etc.), including electronic appliances (televisions, video cam recorders, stereos, computers, etc.), with all materials and goods maintained within a building.

APPLIANCE STORE. An establishment engaged in the retail sales of home appliances and electronic appliances. These may include but not be limited to washers, dryers, refrigerators, microwave ovens, stoves, televisions, video cam recorders, stereos, cellular phones, beepers, and computers. May include ancillary repair.

ARCHITECTURAL FEATURES. Architectural features include prominent elements on a building such as columns, beams, windows, doors, chimneys, cornices, arches, balconies, etc.

ARCHITECTURAL SERVICE. An office that is occupied by an architect and their support staff and services (i.e., blueprint machine, computers, etc.) Also refer to "ENGINEERING SERVICE" and DRAFTING SERVICE." ART AND ART SUPPLIES STORE. An establishment engaged in the display and retail sales of art (i.e., paintings, sculpture) and art supplies (canvases, paints, easels, frames, etc.)

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ARTIST'S LOFT. A live and work situation where a resident artisan lives, and displays and sells their work on a non-first floor level.

AUCTION. An establishment engaged in the public sale of commodities and/or property, excluding automobiles, to the highest bidder.

AUTOMOBILE BROKERAGE OFFICE. The business of engaging in, for a commission or fee, bargaining or negotiating between a potential purchaser of a vehicle(s) and another automobile sales establishment(s) for wholesale purchase of a vehicle(s). For purposes of this ordinance, an automobile brokerage office consists of an office with no display or storage of vehicles for sale other than a maximum of two spaces which may serve to temporarily store the vehicle(s) which has been already secured for the purchaser of the vehicle(s). May include motorcycles, mopeds or other similar vehicles.

AUTOMOBILE DISMANTLING FACILITY. An establishment engaged in taking apart vehicles for storage, retail, recycling, or wholesale purposes.

AUTOMOBILE PARTS STORE. An establishment engaged in the retail sales of a variety of parts for vehicles of any kind.

AUTOMOBILE RENTAL An establishment engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.

AUTOMOBILE REPAIR:
a. Automobile Repair - Minor. Minor automotive servicing and replacement of parts for passenger automobiles and/or motorcycles, usually in the same day. Services include, but are not limited to, engine tune-up, lubrication, and tire, muffler, brake, and electrical. Subject to Outdoor Storage limitations and performance standards within applicable Zoning District. b. Automobile Repair - Major. Repair garages and specialty establishments for motorcycles, and passenger automobiles and trucks of all sizes, such as machine, tire, body and fender, auto glass, radiator, transmission, motor tune-up, vehicle upholstery, and muffler shops. May also include repair of machinery and equipment. Subject to Outdoor Storage limitations and performance standards within applicable Zoning District.
c. Home repair - minor adjustments or the replacement of vehicle parts where such adjustments or replacement may reasonably be expected to be accomplished within a forty -eight (48) hour period. No permit is required for such minor adjustments or replacement. Also see Section 10-1.2735.j. "Vehicle Parking, Repair, Display and Storage Requirements."
AUTOMOBILE SALES. An establishment engaged in the retail sales and services of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. See INDUSTRIAL EQUIPMENT SALES AND RENTAL for farm or industrial equipment, machinery, and supplies.

AUTOMOBILE SERVICE STATION. A structure or area primarily designed and used for the retail sale of motor vehicle fuel and lubricants to the public by direct delivery into the user's vehicle and may include incidental motor vehicular services such as tire repair, battery charging, brake adjustment, motor tune-up and washing where no conveyor, blower or steam cleaning device is used. Sale of food, beverages and related items as determined by the Planning Director is permitted in conjunction with an automobile service station within commercial zoning districts.

AUTOMOBILE STORAGE FACILITY. An establishment engaged in the storage of passenger automobiles, passenger trucks, motorcycles, or similar vehicles inside a building. This definition does not include storage of used, inoperative, junked or other vehicles stored for salvage purposes and shall not include the wrecking, dismantling, or repairing of vehicles which is defined as AUTOMOBILE DISMANTLING FACILITY. See also AUTOMOBILE STORAGE YARD for automobile storage outside of a building.

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AUTOMOBILE STORAGE YARD. Outside storage of passenger cars and/or trucks of all sizes outside of a building . Does not include auto wrecking or towing yards. Such use shall not include the wrecking, dismantling, or repairing of vehicles which is defined as "AUTOMOBILE DISMANTLING FACILITY." AUTOMOBILE TOWING YARD. An establishment engaged in towing motor vehicles, both local and long distance, and storage of such vehicles inside or outside of a building subject to applicable standards. for indeterminate periods of time. Such use shall not include the wrecking, dismantling, or repairing of vehicles which is defined as "AUTOMOBILE DISMANTLING FACILITY."
AUTOMOBILE WHOLESALE. A vehicle dealer who is exclusively involved in the sales of vehicles between licensed dealers and does not have any vehicles on-site. If a wholesale dealer does have vehicles on-site, see AUTOMOBILE STORAGE FACILITY if storing vehicles inside of a building or AUTOMOBILE STORAGE YARD if storing vehicles outside of a building.

BANK. See "FINANCIAL INSTITUTION."
BANQUET HALL. An establishment engaged in periodic events such as weddings, dances, and potlucks.

Typically is rented out to private parties and/or special interest groups. Usually includes food preparation and/or serving, and live entertainment or recorded music.

BAR, COCKTAIL LOUNGE. Any on-sale alcohol-related establishment that engages primarily in the sale of alcoholic beverages and where food service, if any, is subordinate or incidental to the sale of alcoholic beverages.

Bars include night clubs, taverns, pubs, cocktail lounges and similar establishments. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations.

BARBER, BEAUTY SHOP. An establishment where hair is washed, cut, dyed, and/or styled. May include ancillary services such as manicures or pedicures. Does not include massage or tanning services.

BATCH PLANTS. Any operation that involves sorting, crushing, reducing, refining, mixing, packaging or other processing of minerals for intermediate or final consumption.

BEDROOM. An enclosed space in a structure which is designed such that it could be used for sleeping purposes as determined by the Planning Director. A bedroom typically meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows.

BICYCLE SHOP. An establishment engaged in the retail sales and/or repair of bicycles. Does not include motorcycles or mopeds.

BOARDING HOME. A building where lodging or meals are provided for compensation for residents not functioning as a common household, usually for compensation.

BOOKSTORE. An establishment engaged in the retail sales of books, either used and/or new. May include a small area for coffee and bakery items (10 percent or less of floor area).

BREWERY. An establishment where malt liquors, wines or cider are manufactured and stored. Tasting may be included as an accessory use, but the brewery cannot operate as a bar. Also see "MICRO -BREWERY." Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

BROADCASTING STUDIO. An establishment where sound or images are transmitted by radio or television to the public.

BUILDABLE AREA. The space remaining on a zoning plot within which a building may be erected after the minimum lot and yard requirements of this Ordinance have been satisfied, notwithstanding all other applicable guidelines and Subdivision Map Act requirements of steeply sloped or unstable areas.

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BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, and which is designed or intended for the shelter, enclosure or protection of persons, animals or property of any kind. Also defined as follows:
a. "Completely enclosed building" means a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. b. "Detached or accessory building" means a building separated by at least six feet of space open to the sky from any other building on the same zoning plot.
c. "Existing building" means a building erected prior to the effective date of this title, or one for which a legal building permit has been issued.
d. "Primary building" means a building in which is conducted the primary use of the lot on which it is situated.
e. "Public building" means a building principally occupied by the federal, state, county, or city government, or any political subdivision agency, or instrumentally thereof. f. "Temporary building" means a building not permanently attached to the ground by fixed foundation, piers or substructure.

BUILDING HEIGHT. The vertical distance at any point from the finished grade or existing grade, whichever is lower, to the highest point of the coping of a flat roof, to the top roof line of a mansard roof, or to the midpoint of the highest gable of a pitched or hip roof. Where unusual deviations occur on the existing grade, such as a small swale, the Planning Director may make minor adjustments in the building height envelope to permit reasonable building design consistent with the intent and purpose of the building height standard. Graded area entirely under a building and not visible from the exterior of the building, such as underground garages and basements, shall not be included for purposes of calculating height.

BUILDING MATERIALS (SALES). An establishment engaged in the retail and wholesale sales and storage of building materials such as lumber, masonry products, rock, soil, tile, and other similar materials needed to construct a structure and/or accessory structures and uses (fences, paved areas, retaining walls).

CABARET. Any establishment, event or place where live entertainment is provided by or for any patron or guest, including but not limited to singing, playing music, dancing, performing karaoke, acting, conducting a fashion show, performing pantomime, performing comedy or other act or performance, either as the main purpose for such gathering or as an ancillary activity to some other purpose. Please refer to Chapter 6, Article 2 of this Code for regulations regarding cabarets and to Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

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CAMERA STORE. An establishment engaged in the retail sales of cameras and photographic supplies. May include ancillary repair.

CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and Tax Adult Use of Marijuana Initiative, and as defined by other applicable state law. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis is classified as an agricultural product separately from other agric ultural crops.

CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer, including medical cannabis or cannabis products, to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code. "Delivery" also includes the use of any technology platform owned and controlled by a Cannabis Business Operator that enables clients or patients to arrange for or facilitate the commercial transfer by a permitted commercial cannabis retail dispensary.

CANOPY. The designated area(s) at a cannabis business, except nurseries and processors, that will contain mature plants at any point in time, as follows. For indoor cultivation, canopy is calculated in square feet and measured using the room boundaries, walls, or ceiling-to-floor partitions of each enclosed area that will contain mature plants at any point in time. If mature plants are being cultivated using a shelving system, the surface area of each level is included in the total canopy calculation.

CARD CLUB. Any building or structure, or any portion of a building or structure, wherein any person or persons are permitted to play a card game in return for a fee, charge, or other compensation. Refer to Chapter 4, Article 3 of the Hayward Municipal Code for regulations.

CARETAKERS QUARTERS. A dwelling unit located on an industrial or commercial property to be used exclusively as living quarters for the caretaker(s) of the subject property.

CARNIVAL. An establishment providing one or more non-coin-operated powered amusement rides, or providing two or more uses such as a tent, a feat of daring, or an exhibition of two or more wild animals except within a public park or zoo, or providing other similar uses.

CARPET/DRAPERY STORE. An establishment engaged in the retail or wholesale sales of carpets and drapes.

Does not include on-site manufacturing.

CARPORT. A permanent roofed structure not completely enclosed on the sides and used for vehicle parking.

CAR WASH. An establishment engaged in the washing of passenger vehicles for a fee.

CATERING FACILITY. An establishment engaged in the preparation of food to be served at an event held off - site, usually at a banquet hall or private facility, and establishments primarily engaged in the preparation of prepared food items in individual servings for off-premise consumption and/or sale by others. Typical uses include caterers, wholesale bakeries, commissary kitchens, and specialty food packaging and/or processing shops.

CATERING TRUCK. A commercially licensed motor vehicle, approved by the Alameda County 111, Department of Environmental Health Services, and the City of Hayward Police Department, from which food and beverages are sold, distributed, or otherwise provided to consumers on private property and which travels from place to place to conduct its operation. Does not include a Food Vendor cart. See Section 10 -1.2735.b. for regulations.

CENTRAL BUSINESS DISTRICT (CB). A land use zoning district within which commercial and retail land uses may develop which provide a principal downtown area of regional importance, and several outlying areas of more than neighborhood importance, where concentrations of comparison shopping facilities, financial and business services, and amusement or recreation may be found in quantity. See Section 10 -1.1300.

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CENTRAL CITY DISTRICT (CC). A land use zoning district in the center of the City, within which land uses may develop which promote the development of the downtown. These land uses include business, government, cultural, financial, residential, office, and entertainment uses. See Section 10-1.1500. This District includes the following Subdistricts:
a. Central City—Commercial (CC-C).
b. Central City—Residential (CC-R).
c. Central City—Plaza (CC-P).

CHECK CASHING STORE. An establishment primarily engaged in the cashing of checks for customers who usually do not have a checking account at a bank or other financial institution. Is commonly found in areas with easy access and high visibility.

CHRISTMAS TREE AND PUMPKIN PATCH LOTS. Seasonal establishments engaged in the retail sales of Christmas trees and pumpkins. See Section 10-1.2735.c. for standards.

CITY COUNCIL. The City Council of the City of Hayward, California.

CLOTHING STORE ("APPAREL"). An establishment engaged in the retail sales of new clothing, such as shoes, hats, dresses, shirts, etc. For used clothing, see "THRIFT STORE." COMMERCIAL AMUSEMENT FACILITY. A facility offering entertainment open to the public for a fee or by membership subscription, for example, ticket, door charge, amusement device fee. Said facility shall include, but not be limited to, internet access usage, theaters, arcades (place of business containing five or more amusement devices), billiard parlors, golf courses (including miniature golf), water slides, indoor soccer, batting cages, and bowling facilities. Four (4) or less manually or coin- or token- or slug-operated viewing or electronic or video game machines or other amusement devices (excluding jukeboxes) located in association with other permitted uses and activities such as, but not limited to, taverns, restaurants, book stores, grocery stores, mote ls, hobby shops or toy stores, music or stereo stores, laundromats, barber or beauty shops, or computer stores shall be considered accessory to the permitted use. Under no circumstance, as a primary, permitted or accessory use, shall any Commercial Amusement Facility be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
COMMERCIAL CANNABIS BUSINESS. An entity engaged in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.

COMMERCIAL CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

COMMERCIAL CANNABIS DISTRIBUTION. The procurement, sale, and transport of medical and non -medical adult recreational use cannabis and medical and non-medical adult recreational use cannabis products between commercial cannabis businesses.

COMMERCIAL CANNABIS MANUFACTURING. The production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by mean of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

COMMERCIAL CANNABIS MANUFACTURING - LEVEL 1. The manufacturing of cannabis products primarily using nonvolatile solvents, or no solvents.

COMMERCIAL CANNABIS MANUFACTURING - LEVEL 2. The manufacturing of cannabis products using volatile solvents For purposes of this section, "volatile solvents" shall include all solvents described in paragraph (3) of subdivision (d) of Section 11362.3 of the Health and Safety Code, as such section may be amended.

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COMMERCIAL CANNABIS MICROBUSINESS. A commercial cannabis business holding a license issued by the State Bureau of Cannabis Control for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer pursuant to Business and Professions Code sections 26050 and 26070. In order to be defined as a microbusiness, an operator must engage in three of the four listed activities.

COMMERCIAL CANNABIS OPERATOR or OPERATOR. The person or entity that is engaged in the conduct of any commercial medical or non-medical adult recreational cannabis use.

COMMERCIAL CANNABIS RETAIL DISPENSARY. A facility where commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical and non-medical adult recreational use cannabis or medical and non-medical adult recreational use cannabis products as part of a retail sale.

COMMERCIAL CANNABIS TESTING LABORATORY. A laboratory, facility, or entity in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2) Licensed by the Bureau of Cannabis Control.

COMMERCIAL OFFICE (CO). A land use zoning district within which administrative, professional, businesses and financial office land uses may exist, yet which are not detrimental to the residential use of adjacent properties.

See Section 10-1.1100.

COMMERCIAL RETAIL DISTRICT (BP). A land use zoning district intended to provide for limited retail, service, and office commercial uses which serve the needs of workers within the Industrial Corridor. See Section 10 -1.1400.

CONCESSION STAND. A small, ancillary retail use that provides food and beverages to a primary land use.

May include light cooking and heating of food commodities.

CONSIGNMENT STORE. A retail establishment that sells good quality merchandise (for example, clean, not damaged, stained or frayed) that has been provided to the proprietor on a consignment basis as well as new merchandise. Sale of donated or otherwise second-hand merchandise is prohibited.

CONVALESCENT HOME. An establishment in which nursing, dietary and other personal services are furnished twenty-four (24) hours a day to convalescents, invalids, or the aged who are unable to or no longer want to care for themselves in a more traditional setting. Also referred to as nursing homes or intermediate care facilities. Does not include institutions which care for persons suffering from a mental disorder or communicable disease, or which offers surgery, maternity or other primary treatments.

CONVENIENCE MARKET. A retail food market which is typically less than 2,500 square feet in gross floor area and which caters to customers who buy a small number of items, is typically part of a larger chain or franchise system, often with long hours of operation, and as determined by the Planning Director.

CONSTRUCTION TRAILER. A temporary trailer used as an office, or an office/quarters combination with quarters for one security guard in connection with ongoing construction work associated with new construction of industrial, commercial, or multi-family development. See Section 10-1.2735.b.

CONTRACTOR SERVICES. An establishment providing general contracting and/or building construction services for other uses. This use classification includes general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.

COPYING OR REPRODUCTION FACILITY . An establishment which provides printing services to customers.

Typically includes blueprint machines, reproduction machines, paper goods, and binding services (spiral binding, glue binding, stapling, etc.), and may include as an ancillary use, access to the internet. Under no circumstance, as

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a primary, permitted or accessory use, shall any Copy or Reproduction Service be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.) COURTYARD. The word "courtyard" shall mean an open unoccupied space bounded on two or more sides by the walls of a building. An inner courtyard is a court entirely within the exterior walls of a building. All other courts are outer courts.

CULTURAL FACILITY. Facilities maintained to develop, promote, or foster the arts or literature, as well as a clubhouse, lodge hall, and fraternal society meeting places, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses.

DANCE STUDIO. An establishment where dance classes and dance recitals are performed to recorded music.

DAY CARE CENTER A facility which provides non-medical care to 15 or more children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. May include pre-schools, infant centers, and extended day care facilities.

DAY CARE HOME. A single family residence which is occupied and used as such and provides non -medical day care on less than a 24-hour basis to children and/or adults. Day care home must be State -licensed, and may be either one of the following:
a. Small Day Care Home. The use of a single-family residence to provide day care to eight (8) or fewer persons, including any children under the age of 10 years who reside at the home. b. Large Day Care Home. The use of a single-family residence to provide day care to 8-14 persons, including any children under the age of 10 years who reside at the home.

DISTILLERY. An alcoholic beverage sales establishment where distilled spirits are made. Tasting distilled spirits may be included as an accessory use, but the distillery cannot operate as a bar. Please see Section 10 -1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

DISTRICT. A zoning district established under the provisions of the Zoning Ordinance.

DORMITORY. A residence hall providing sleeping rooms, bathrooms, study and recreation rooms and a common kitchen for students.

DRAFTING SERVICE. An establishment which performs drafting services such as drawing of site plans or construction drawings of buildings. Is usually accompanied by drafting tables and blueprinting machines. Also refer to "ARCHITECTURAL SERVICE" and "ENGINEERING SERVICE."
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patrons' and their motor vehicles from which the occupants may watch, purchase or receive goods or services (i.e., a drive -through restaurant, drive-through coffee shop, drive-in theater, drive-up photo finishing, car wash, gas station, mini-mart with gas, automobile lubrication facility, etc.).

DRY CLEANER/LAUNDRY. A dry cleaner/laundry is open to the general public for dry cleaning/laundry purposes. For purposes of this ordinance, a dry cleaner/laundry excludes a dry cleaning/laundry plant which serves solely to dry clean clothing processed for other dry cleaners and not open to the general public.

DWELLING UNIT/RESIDENTIAL UNIT. One or more rooms with a single kitchen, arranged, designed, used, or intended to be used exclusively for living and sleeping purposes by one family as an independent housekeeping unit. Other definitions include the following:
a. Accessory dwelling unit: An attached, detached, or internal residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel an existing

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single-family dwelling is situated or to be situated with the proposed development of single -family dwelling(s). See Section 10-1.2740 for criteria and standards. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multifamily dwelling is or will be situated.
b. Apartment/multiple family dwelling(s): Any building, group of buildings, or portion thereof which includes two or more dwelling units, and which are intended as ownership units, or in the case of apartments, rental or for lease units. Apartment/multiple family dwelling projects may include private recreational facilities. See Sections 10-1.400 and 10-1.500 for requirements. c. Condominium dwelling(s): 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 Covenants, Codes and Restrictions (CC&R's), and may include private recreational facilities. See Sections 10 -1.400 and 10-1.500 for requirements. 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. bd. Single-family dwellingDetached Residential Unit: A detached building containing only one dwelling unit.

See Section 10-1.200 for requirements.
ce. Duplex. A residential building with two attached dwelling units. See Section 10 -1.200 for requirements. df. Multi-Unit Residential (4+ attached units): A residential building with four or more attached dwelling units. See Section 10-1.200 for requirements.
ef. Second Single-family dwelling: A second single-family dwelling permitted on a parcel where there is one existing single-family dwelling already, provided minimum lot size and setbacks can be met for both dwellings separately. See Section 10-1.215.b.(1)(b) for requirements. feg. Townhouse dwelling(s): A Duplex, Triplex, or Multi-Unit Residential (4+ attached units))ny building, group of buildings, or portion thereof which includes two or more attached dwelling units, and for which there is a subdivision final map or parcel map. 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. Townhouse dwelling projects are usually governed by a Homeowners Association (HOA) with Covenants, Codes and Restrictions (CC&R's), and may include private recreational facilities. See Sectionns 10-1.2400 and 10-1.500 for requirements.

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.
fh. Triplex. A residential building with three attached dwelling units. See Section 10 -1.200 for requirements.

EDIBLE CANNABIS PRODUCT. A cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

EDUCATIONAL FACILITY. Facilities maintained to provide instruction to students for the purpose of developing their faculties and powers, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses. May include trade schools, a beauty college, or business college.

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ENGINEERING SERVICES. An establishment which provides engineering services (i.e., structural calculations, construction drawings, consultation, etc.). Usually includes office and drafting equipment, including blueprint machines. Also refer to "ARCHITECTURAL SERVICES" and "DRAFTING SERVICES." ENVIRONMENTAL DOCUMENT. Information within a written document which evaluates the environmental effects of a proposed project as required by the current City of Hayward and the California Environmental Quality Act (CEQA) environmental review guidelines.

ESTABLISHMENT. A separate place of business having the following characteristics:
a. The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishment on the same or adjacent site;
b. Direct public access is separate and distinct from direct access to any other business establishment; c. There is no direct public access from within such establishment to any other such establishment.

EQUIPMENT RENTAL SERVICE. An establishment which rents non -industrial machinery and equipment for a fee. May also include minor repair of equipment. See also INDUSTRIAL EQUIPMENT SALES AND RENTAL.

EXTRACTION. A process by which cannabinoids are separated from cannabis plant material through chemical, physical, or any other means.

FABRIC STORE. An establishment which offers such commodities as fabrics, threads, 0and other sewing notions for sale at retail. Usually includes retail sales of sewing machines and craft items (silkscreening equipment, fabric paint, needlepoint materials, ribbons, etc.), and may include classes associated with the use of these commodities.

FACADE. The exterior wall of a building along with its associated windows, entryways, and projections FAMILY. 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.

FARMER'S MARKET. A periodic event where fresh produce, flowers, and hand made craft items are sold at retail. Typically held in a downtown area, outside.

FENCE. A linear structure constructed or erected to a maximum height of 6 feet unless otherwise provided herein, and which requires permanent location on the ground or is attached to something having location on the ground. Building materials used for a fence may include but are not limited to boards, bricks, wrought iron, chain link, or blocks, and do not include landscaping, such as hedges, bamboo sticks or bushes, and trees.

FENCE, HEIGHT OF. A height measured from ground level (or top of retaining wall) to top of fence. On sloping sites with a stepped fence, height may be measured at the midpoint of each fence section.

FINANCIAL INSTITUTION. An establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.) Also refer to "CHECK CASHING STORE." FIREARMS SALES. A person or entity engaged in the business of selling, transferring, or leasing; or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm and/or ammunition, either directly or indirectly; and/or engaged in the retail sale of ammunition, as defined in Hayward Municipal Code Section 6-11.01(d).

FLEA MARKET. One or more vendors selling new or used merchandise at retail, within a structure or open air setting where no individual building walls separate uses, or where sales areas are within stalls which are smaller in size than typical retail spaces, and that the character of the business is that typically associated with a flea market, and as determined by the Planning Director.

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FLOOD PLAN (FP). A land use zoning district within which land is subject to tidal or flood water inundation.

See Section 10-1.2100.

FLOOR AREA, GROSS. The area included within the surrounding walls of a building or portion thereof, exclusive of vent shaft, eaves, overhangs, atriums, covered entries and courts and any portion of a structure above ground used for parking, parking aisles or loading areas.

FLORAL SHOP. An establishment which provides flowers and floral arrangements at retail. Usually includes refrigeration units to keep flower fresh, and delivery vans.

FOOD VENDOR. The vending of food or beverages from a movable cart-type stand or vehicle which is located on the same lot as a permitted use in a zone that allows for such operation, and subject to the standards and process set forth in HMC Section 10-2700, General Regulations.

FRONTAGE. See "LOT FRONTAGE."
FURNITURE STORE. An establishment engaged in the retail sales furnishings. These usually include chairs, tables, couches, beds, and accessories for the home. All activities occur within an enclosed structure.

GARAGE. A fully enclosed and covered attached or detached structure accessory to a residential use intended for storage of one or more motor vehicles used by the occupants of the premises; which does not have any permanent obstructions that would prevent vehicles parking within; which has garage doors that are operable; and which does not have rugs, linoleum or other non-fire-resistant coverings on the floor. For purposes of determining the existence of a one or two car garage, the minimum dimensions of an existing single-car garage wherein no permanent obstructions may occur is 10' wide × 19' deep, and the minimum dimensions of an existing double-car garage in wherein no permanent obstructions may occur is 18' wide by 19' deep. For purposes of this ordinance a garage of any dimension shall not be used as a habitable space. Construction of new garages shall have minimum interior dimensions of 11' wide × 19' deep for single-car garages and 20' wide × 19' deep for double-car garages.

GARDEN SUPPLIES STORE. An establishment which provides supplies for gardening at retail. This usually includes flower and vegetable seeds, fresh flowers and vegetable plants, grass sod, soil, and tools, and typically includes a screened-in outdoor display and servicing area.

GENERAL COMMERCIAL DISTRICT (CG). A land use zoning district within which general commercial and retail land uses may develop which provide services for the support of primary business activities in the Central City District. See Section 10-1.1000.

GENERAL REGULATIONS. Specific regulations which apply to all zone districts and to all uses permitted in the districts. The regulations are found in Section 10-1.2700 of this Zoning Ordinance, and are intended to amplify and to supplement district regulations.

GOLF COURSE. A publicly or privately owned area of land laid out for the game of golf with a series of 9 or 18 holes each. Usually includes a club house and maintenance building. May include retail sales relating to golf (pro - shop) and a restaurant/bar.

GRADE. The degree of rise or descent of a sloping surface (also see "SLOPE"). a. Finished Grade. The final elevation of the ground surface after completion of all site preparation work or after development.
b. Existing grade. The ground elevation prior to grading for construction. Where walls are parallel to and within five feet of a sidewalk, the above-ground level grade shall be measured at the sidewalk.

GRANNY OR IN-LAW UNIT. See "SECOND DWELLING, ATTACHED." GREENHOUSE. A permanent enclosed structure for the propagation and growing of plants, constructed with a translucent roof and/or walls.

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GROUP HOME. The use of any single-family residence or other dwelling unit for a group residence where residents pay a fee or other consideration to the Group 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, or mentally or physically disabled or handicapped persons, or other persons in need of care and supervision. Each dwelling unit so used shall be considered a single Group Home. The term Group Home includes both licensed and unlicensed Group Homes.
a. Licensed Group Home. A licensed Group Home is any residential facility subject to State licensing requirements pursuant to the California Health and Safety Code (HSC), implementing State regulations, and amendments thereto. Any Group Home which is subject to State licensing requirements shall be treated as an unlicensed Group Home if the facility's license has expired or such license has been suspended, revoked or terminated. Group Homes subject to State licensing requirements include the following:
(1) Residential facilities providing non-medical residential care, specifically, any residential Community Care Facility (HSC section 1502), a Residential Care Facility for the Elderly (HSC section 1569.2) and a alcoholism or drug abuse recovery or treatment facility (HSC section 11834.02).
(2) The following types of Health Facilities (HSC section 1250, specifically, a Congregate Living Health Facility (HSC section 1250 (i)), an Intermediate Care Facility/Developmentally Disabled Habilitative (HSC section 1250 (e), an Intermediate Care Facility/Developmentally Disabled (HSC section 1250(g)), and an Intermediate Care Facility/Developmentally Disabled -Nursing (HSC section 1250(h)).
b. Unlicensed Group Home. 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.

GUN SHOP. See "FIREARMS SALES."
HARDWARE STORE. An establishment which provides a variety of supplies and materials used for small construction or repair projects, at retail.

HAZARDOUS MATERIAL. A gas, material, or substance capable of posing a risk to health, safety, or property; provided, however, use of hazardous materials contained in consumer-sized containers purchased solely for on- site maintenance activities shall not be considered a hazardous materials use for the purpose of these regulations.

The Fire Chief or his or her designee has the exclusive authority to develop and apply regulations which determine which, if any of the Group A, B, or C and included categories uti lized in the Industrial District regulations is applicable to a user of any hazardous materials; such regulations may include reference to federal and state law, standards, and regulations applicable to hazardous materials. The Fire Chief or his or her des ignee also has the exclusive authority in conjunction with the Planning Division to exclude or reduce the category of prescribed Conditional or Administrative Uses in the Zoning Ordinance when it is found that the quantities are minor or additional mitigations are found to be acceptable.

Hazardous materials which belong to more than one group or category shall be subject to the most stringent regulations. In addition to the following classifications please refer to specific Zoning Districts for hazardous materials land use requirements.
a. Group A. Hazardous materials which include any of the following:
(1) Explosives and blasting agents;
(2) Reactive materials;
(3) Unstable materials;

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(4) Radioactive materials;
(5) Class 3 and 4 oxidizing materials;
(6) Poisonous or highly toxic materials;
(7) Corrosive, poisonous, or unstable gases;
(8) State of California restricted hazardous wastes, including substances classified as extremely hazardous wastes.
b. Group B. Hazardous materials which include any of the following:
(1) Flammable liquids, namely liquids that have a flashpoint below 100° Fahrenheit' (2) Flammable solids;
(3) Class 1 and 2 oxidizing materials;
(4) Flammable or oxidizing gases;
(5) Corrosive materials.
c. Group C. Hazardous materials which include any of the following:
(1) Combustible liquids, namely liquids that have a flashpoint at or above 100° Fahrenheit. (2) Inert gases.
(3) Other regulated materials referred to in the following sources except Group A or B hazardous materials:
i) California Fire Code as adopted by the City of Hayward; ii) 49 Code of Federal Regulations section 173.500, including amendments or successors thereto; and
iii) Hayward Municipal Code Section 3-8.06 except those materials exempted by Hayward Municipal Code Section 3-8.07, including amendments or successors to such provisions.

HEALTH CLUB. An establishment which provides physical fitness equipment, classes, and facilities such as racquetball and tennis courts and/or swimming pools for patrons to use for a fee. (Also see "PHYSICAL FITNESS STUDIO" for a smaller version of this type of facility.) HIGH DENSITY RESIDENTIAL DISTRICT (RH). A land use zoning district which allows the development of multiple-family dwellings at a high density. See Section 10-1.500.

HOME OCCUPATION. Any occupation conducted within the living area of a dwelling unit by persons residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Also referred to as a "Mail and Telephone Business Listing." For purposes of this ordinance, a licensed Group Home shall not be considered a "home occupation." A home occupation shall comply with the following standards:
a. does not display or sell any commodities except those produced on the premises; b. does not use any accessory building, garage, yard space, or activity outside of the dwelling unit; c. does not generate a character and volume of vehicular traffic not normally associated with residential use;
d. does not involve the use of more than 10 percent or more than 200 square feet of floor area of the dwelling unit, whichever is less;

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e. does not display signs or other matter which would indicate a business is operating within the home; f. does not allow for more than two customers/clients to visit the home each day and customers/clients are limited to visiting the house between the hours of 8 a.m. and 9 p.m.; g. where no repair work is permitted;
h. where at least one parking stall is available for guest parking either in the driveway or on the street in front of the residence; if customers/clients visit the premises; i. where no employees, other than residents of the home, come to or work from the home; and j. which requires all applicable building and fire codes to be met.

HOME OCCUPATION - EXPANDED. An expansion of the provisions of or variance to a home occupation as defined above regarding numbers of customers, hours of operation, sale of commodities produced on the premises (excluding sale of guns), and minor repair only.

HOMELESS SHELTER. An institution that provides shelter for individuals and families with no limitation on the length of stay. Such use may also provide meals and supportive social services. May also include Housing Navigation Centers and Emergency Shelters (per Health and Safety Code 50801).

HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty-four hours or more. The term "hospital," as used in this title, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts, or other types of cases necessitating confinement of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.

HOTEL. A building where lodging with or without meals is provided to the general public for compensation typically on a nightly basis, and where no provision is made for cooking in any individual guest room or suite, and where a maximum continuous length of stay is no longer then that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code, but shall not include institutions where human being are detained under legal restraint.

Extended Lodging Facilities, where kitchens, kitchenettes or other cooking facilities may be permitted within individual guest rooms, are allowed in any Zoning District where Hotels are permitted, subject to the following standards:
a. Each guestroom shall be provided with voicemail, dataports, desk, color television, alarm clock or wake up service. Irons and ironing boards must also be made available to guests upon request. b. Self-service laundry facilities shall be accessible to all guests. c. Recreational facilities such as pool, whirlpool/spa/ and/or fitness room shall be provided. d. A 24-hour per day on-site supervisor shall be provided. e. Housekeeping services including cleaning and linen service shall be offered on a regular basis to every guestroom.
f. Extended Lodging Facilities cannot be used for long term occupancy (i.e. apartments, care facilities, boarding houses, etc.). Leases of any duration are prohibited. g. Extended Lodging Facilities may have a maximum continuous length of stay no longer than that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code.

HOUSEHOLD PETS. See "PETS, HOUSEHOLD."

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INDUSTRIAL EQUIPMENT SALES RENTAL AND SERVICE. An establishment which provides industrial equipment and related commodities to the public for sale or rental, and servicing of that equipment. Such equipment may include large scale vehicles, large truck and trailer rigs, fork lifts, conveyor belts, and loading dock facilities.

INDUSTRIAL HEMP or HEMP. An agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta -9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

INDUSTRIAL/VOCATIONAL TRADE SCHOOL. A trade school that provides specialized training of skilled labor including plumbing, carpentry, truck driving, mechanics, machine operations, computer repair, tool and dye, and similar technical schools. This definition excludes beauty/barber schools, business schools, or degree programs.

JEWELRY STORE. An establishment which provides jewelry, watches, gemstones, and other related commodities to the public for sale at retail. Typically includes jewelry and/or watch repair and cleaning services.

KENNEL. A lot, building, structure, enclosure or premises where one or more dogs, cats, or other household pets are kept for commercial purposes, including boarding, breeding of more than one litter per year and/or a litter every year, sale of goods or animals, or the rendering of services for profit. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets and/or maintained by an animal fancier, shall not be deemed and considered a commercial kennel, pro vided they are less than one litter per year and litters do not occur every year.

KITCHEN. A definable area or room for food preparation, typically consisting of a permanent cooking appliance for use in food preparation, a refrigerator, cabinets, and a sink, usually in close proximity to one another.

LANDSCAPING. An area devoted to or developed and maintained predominantly with native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.

LIMITED ACCESS COMMERCIAL (CL). A land use zoning district within which commercial uses may develop which normally tend to locate apart from standard commercial areas or service industries, or uses on highways of major importance. See Section 10-1.1200.

LIQUOR STORE. "Liquor store" shall mean any alcoholic beverage sales establishment primarily involving the sale of alcohol where beer, wine or distilled spirits are sold for off-sale consumption and where more than five (5) percent of the floor area of the establishment is devoted to the sale, display or storage of beer, wine or distilled spirits. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

LIVESTOCK. Domesticated farm animals kept for use or profit (See Section 10 -1.2735.e. for regulations of livestock) and further defined as follows:
a. Large Livestock. Horses, cattle, llamas, or similar large animals, as determined by the Planning Director. b. Medium Livestock. Sheep, goats, and pigs, or similar medium animals, as determined by the Planning Director.
c. Small Livestock. Hens, ducks, pigeons, rabbits and other similar small animals, as determined by the Planning Director, totaling five (5) or more such animals on a property.

LOT. A recorded parcel of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classification of lots are as follows:
a. Average Lot Width. The mean horizontal distance between the longest lot lines of lots having regular geometric design, such as rectangular and parallelogram lots, and in the case of lots of irregular design, shall mean the diameter of the largest horizontal circle inscribable completely within lot boundaries.

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b. Corner Lot. A lot at the intersection of two or more streets which has an angle of intersection of 135° or less. Where the angle of intersection exceeds 135°, the area abutting the two streets shall be a front yard.

c. Flag Lot. A parcel of land where the buildable portion of the lot is via a narrow extension of the lot (access strip) to a public or approved private street, utilizing a private or privately shared travelway.

The area within an access strip shall not be counted as part of the lot area of either the front or rear lot for purposes of complying with minimum lot area requirements.

d. Interior Lot. A lot other than a corner lot.
e. Lot Coverage. The area of a lot enclosed by exterior walls or similar roof -supporting devices of all structures, including accessory structures and patio covers. f. Lot Depth. The average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line. In instances of a cul -de-sac where the front lot line is curved, the lot depth shall be measured off a drawn line which connects the two side lot lines that intersect the cul-de-sac.

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g. Lot Frontage. The common property line of a lot and the right -of-way line of a street. h. Lot Line. Any boundary of a lot. The classifications of lot lines are:
(1) Front. A line separating the lot from the street right-of-way. In the case of a corner lot, the owner may designate the front lot line of said lot at the time of initial construction of the primary use. (2) Rear. The lot line which is opposite and most distant from the front lot line; and in the case of an irregularly shaped lot, a line 10 feet in length within the lot, and any line closest to being parallel to and at the maximum distance from the front lot line. In the case of a corner lot, the rear lot line is opposite the front property line unless the Planning Director determines otherwise where there is a reasonable alternative.
(3) Side. Any lot line not a front lot line or a rear lot line. i. Lot Size (or lot area). The total horizontal area within the lot lines of a lot, with the exception of flag - shaped lots where the lot area shall be calculated excluding the stem of the lot. j. Rear Lot Coverage. The area of a required rear yard enclosed by exterior walls or similar roof- supporting devices of all structures, including accessory structures and patio covers. j. Through Lot. A lot having frontage on two approximately parallel streets.

k. Zero Lot Line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

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MAILING OR FACSIMILE SERVICE. An establishment which provides postal services and a facsimile machine available to the public for a fee. Typically includes packaging and weighing facilities, and may include related copy work or wrapping paper and greeting cards for sale at retail as an ancillary use, as well as internet access as an ancillary use. Under no circumstance, as a primary, permitted or accessory use, shall any Mailing or Facsimile Service be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
MANUFACTURED HOME. A factory built or manufactured home including mobile homes, as permitted by State of California and Federal laws. A manufactured home is synonymous with the definition of a "single family dwelling."
MANUFACTURING. Establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, human-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Instruction, direct sales, or on-site consumption are incidental to the manufacturing operation. Toxic, hazardous, or explosive materials produced or use d in conjunction with the manufacturing process are subject to use permits based on type and quantity of hazardous materials storied, utilized or generated by the manufacturing process (see "HAZARDOUS MATERIALS"). All impacts generated by manufacturing activities related to noise, gas, odor, dust, or vibration shall conform to the performance standards contained within the Industrial District regulations and other applicable local, state and federal regulations. a. Custom Manufacturing. Establishments engaged in the on-site assembly of hand-fabricated parts, or engaged in the on-site hand manufacture or hand fabrication of custom or craft goods. Goods are predominantly manufactured and fabricated involving the use of hand tools or domestic-scaled mechanical equipment and kilns not exceeding 20 square feet in size. Typical uses include ceramic studios, fabrics, inlays, weaving, leather work, woodwork, metal or glass work, candle making, small batch food manufacturing, or custom jewelry. For beer and alcohol production, see BREWERY/MICRO- BREWERY and DISTILLERY.
b. General Manufacturing. Establishments engaged in manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. This classification includes manufacturing for biomass energy conversion, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood/paper products, glass products, chemical products, medical/pharmaceutical products, refining, plastics and rubber products, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
c. Light Manufacturing. Establishments engaged in food manufacturing and manufacturing of products and finished parts primarily from prestructured materials or components by means of physical assembly or reshaping and does not produce or utilize in large quantities as an integral part of the

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manufacturing process, toxic, hazardous, or explosive materials. Because of the nature of its operation and products, little or no noise, odor, vibration, glare, and/or air or water pollution is produced.

MARIJUANA. See "CANNABIS".

MARKET. See "SUPERMARKET."
MARTIAL ARTS STUDIO. An establishment where martial arts classes, private lessons, and demonstrations are provided to the public for a fee.

MASSAGE PARLOR. An establishment where body massage is provided to members of the public for a fee.

Refer to Chapter 6, Article 10 of the Hayward Municipal Code for regulations.

MEDIA PRODUCTION. Facilities for motion picture, television, video, sound, computer and other communications and media production. Use includes incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This classification may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.

MEDICAL CANNABIS or MEDICAL CANNABIS PRODUCT. Cannabis or a cannabis product, respectfully, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medical cannabis patient in California who possesses a physician's recommendation.

MEDICAL MARIJUANA. See "MEDICAL CANNABIS".

MEDICAL/DENTAL LABORATORY. A facility which custom manufactures and distributes false teeth, dental crowns, braces, and other related dental equipment to dentists.

MEDIUM DENSITY RESIDENTIAL (RM). A land use zoning district which primarily allows the development of multiple-family dwellings at a set density and in a suitable environment for family life in areas where a compatible mingling of single-family and multiple-family dwellings is possible. See Section 10-1.400.

MICRO-BREWERY. A retail establishment where alcoholic beverages are produced and sold for consumption either on or off premises. Tasting alcoholic beverages may be included as an accessory use, but the micro -brewery cannot operate as a bar. Refer to Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations.

MICROBUSINESS. A commercial cannabis business holding a license issued by the State Bureau of Cannabis Control for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer pursuant to Business and Professions Code Sections 26050 and 26070.

MISSION BOULEVARD RESIDENTIAL DISTRICT (MBR).

Note(s)—Repealed by Ordinance 11-12, Adopted October 11, 2011.

MOBILE HOME Same as "Manufactured Home," but subject to the National Manufactured Housing Construction and Safety Act of 1974.

MOBILE HOME PARK (MH). A land use zoning district designed for, used or intended to be used for the parking and occupancy of two or more mobile homes for dwelling or sleeping purposes. See Section 10 -1.700.

MORTUARY. An establishment engaged in the preparation of human bodies and the arrangement and holding of funeral services prior to burial or final disposition. For the purposes of this Ordinance, a mortuary may include a crematory.

MOTEL. A group of attached or detached buildings containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit where a maximum continuous length of stay is no longer than that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code.

MULTIPLE-FAMILY DWELLING. See "DWELLING, MULTIPLE-FAMILY."

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MUSIC STORE. An establishment which sells musical instruments, sheet music, and related commodities to the public at retail. Typically includes repair of musical instruments.

MUSIC STUDIO. An establishment which provides music classes and private music lessons to the public for a fee. Typically involves piano lessons and/or guitar lessons, both acoustical and amplified, and includes occasional music recitals by the studio students.

NAIL SALON. An establishment which provides nail manicures and pedicures to the public at retail for a fee.

Does not include massage or tanning services.

NEIGHBORHOOD COMMERCIAL DISTRICT (CN). A land use zoning district which is carefully located in areas throughout the City in relationship to other commercial districts and in relationship to nearby residential districts.

Land uses created in the CN district are general commercial and retail uses which provide convenience goods and services purchased frequently, serving nearby residences. See Section 10 -1.800.

NEIGHBORHOOD COMMERCIAL - RESIDENTIAL DISTRICT (CN-R). A land use zoning district with a mix of neighborhood serving businesses and residences along portions of certain arterials in order to provide options for housing with ready access to shops and transit. See Section 10-1.900.

NIGHT CLUB. See definition for "Bar". Any night club that permits dancing or live entertainment on a regular basis must obtain a cabaret license as required by Chapter 6, Article 2 of this Code. Please see Section 10 -1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

NONCONFORMING, ILLEGAL. A structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Ordinance.

NONCONFORMING LOT. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Ordinance.

NONCONFORMING STRUCTURE. A structure which conformed to applicable laws when constructed but does not conform to the provisions of this Ordinance.

NONCONFORMING USE. A use complying with applicable laws when established but does not conform to the provisions of this Ordinance.

NUISANCE. An activity or land use which is determined to be detrimental or incompatible with adjacent properties, adjacent property owners or users, or the general public. Refer to Section 10 -1.150.

NURSERY, PLANT. An establishment which grows flowers, shrubs, and trees and provides them for sale at retail to the public. Typically includes related items such as seeds, bulbs, pots, potting soil, etc.

OFFICE. An establishment where services are performed for predominately administrative, professional, medical, dental or clerical operations that function as a place of business for any of the following: accountants, architects, attorneys, bookkeeping services, brokers, corporate offices, drafting services, dentists, doctors, financial institutions, development companies, engineers, surveyors and planners, insurance agencies, interior decorators and designers, landscape architects, psychiatrists, psychologists, notaries, typing and secretarial services, therapists, and internet publishing, broadcasting, and web search portal establishments, and other similar businesses and professions, not otherwise specifically defined in this Code. This use classification also includes software and internet content development and publishing; computer systems design and programming; data processing or call centers; facilities that broadcast exclusively over the Internet and have no live, in -building audiences participating in such broadcasts; and computer, technical, and informational services. Under no circumstance, as a primary, permitted or accessory use, shall any Office be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.) OPEN SPACE. Open space areas and recreational amenities providing gathering space or opportunities for active or passive recreation. This is further defined as follows:

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a. Common Use Usable Open Space. An on-site, ground level indoor or outdoor recreational area of lawn, pool, garden court with paving, rooftop recreational area, or recreation room accessible to all dwelling units and used by residents. The space doesshall not include the required front or side street yard, off- street parking areas, driveways, service areas, or areas of more than 5 percent slope. (Refer to appropriate sections of this ordinance for specific requirements.) For residential or mixed-use buildings, open space can be provided at grade, on podium or rooftop or indoors. b. Private Usable Open Space. An on-site recreational area of lawn, or garden court with paving, patio, deck, or balcony directly accessible only to one dwellingresidential unit from a living and non-service area, which is not more than four feet above or below the floor level. The space shall not include the required front or street side yard, areas devoted to off-street parking, driveways, or service, or areas of more than 53 percent slope. (Refer to appropriate sections of this ordinance for specific requirements.) OPEN SPACE/PARKS AND RECREATION DISTRICT (OS). A land use zoning district intended to promote and encourage a suitable environment devoted to parks, recreation, floodplain or passive or active open space uses for the enjoyment of all members of the community. The OS District may be used to preserve and protect land areas of special or unusual ecological or geographic interest. See Section 10 -1.2200.

PAINT/WALLPAPER STORE. An establishment which provides paint, wallpaper, and related commodities to the public for a fee. Typically includes installation services.

PALM READING SERVICE. An establishment which provides psychic services, such as palm reading and fortune telling, to the public for a fee.

PARCEL. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.

PARKING. A parking area which provides the required parking for a use in accordance with the City of Hayward Off-Street Parking Regulations (Chapter 10, Article 2, Hayward Municipal Code). The following definitions relating to parking are also provided:
a. Covered Parking. Parking space(s) which are contained within a carport or garage. b. Parking Lot. An off-street area, whether open or enclosed, other than a showroom or sales lot, used to store motor vehicles on a daily basis, but not including the storage of dismantled or wrecked motor vehicles or parts thereof. A parking lot may be commercial, public, or private. c. Off-Street Parking. Parking stalls provided beyond the right-of-way of a street or highway. d. Off-Street Parking Space. Refer to the definition contained in the City of Hayward Off -Street Parking Regulations (Chapter 10, Article 2, Hayward Municipal Code). e. On-Street Parking. Parking stalls provided within the right-of-way of a street or highway. f. Open or Uncovered Parking. Parking space(s) which are not contained within a carport or garage.

PASSENGER TRANSPORTATION TERMINAL. A facility which provides a loading, transfer, or drop -off point for public transportation (i.e., Amtrak, BART, Greyhound, and airport.) For single passenger pick -up and drop-off, refer to "Taxi Company."
PAWN SHOP. An establishment which provides monetary exchange for collateral, typically personal items such as watches, jewelry, musical instruments, weapons, etc., after which the collateral item is returned to its owner after the money is repaid. Typically includes a fee and retail sales of unclaimed items.

PAYDAY LOAN FACILITIES. An establishment primarily engaged in the business of advancing funds to customers in situations where the customer uses his or her entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.

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PERMITTED USE. A specified use allowed in a land use zoning district and subject to the provisions applicable to that district.

PERSON. Any individual, business, company, corporation, both public and private, association, political or governmental subdivision or unit, or other group acting as a unit or entity.

PET GROOMING SHOP. An establishment which provides a grooming service of household pets to the public for a fee. Typically includes washing, hair trimming, and temporary boarding of animals being groomed (i.e., less than 24 hours).

PET STORE. An establishment which provides pets and pet supplies to the public for sale at retail. Pets for sale typically include dogs, cats, fish, reptiles, hamsters, birds, etc., and may include exotic pets, such as parrots, pot bellied pigs, and iguanas. Pet supplies usually include food, cages, leashes, etc. May include ancillary pet grooming.

PETS, HOUSEHOLD. Small animals ordinarily and customarily domesticated and permitted in a dwelling and kept for company or pleasure and not for profit, including the following subcategories:
a. Traditional Household Pets. Dogs, cats, canaries, parakeets, fish, domestic mice, rats, guinea pigs, potbelly pigs, up to four (4) rabbits, or similar animals, as determined by the Planning Director. The keeping of more than four cats or dogs requires an "Animal Fancier's Permit" from the City Animal Control Officer.
b. Other Household Pets. Hens, ducks, pigeons and other similar small animals, as determined by the Planning Director, where the total number on a property does not exceed four (4) of such animals.

Other Household Pets are subject to approval of a Zoning Conformance Permit based on consistency with the standards prescribed in Section 10-1.2735 of the Hayward Municipal Code.

PHOTOGRAPHIC SUPPLY STORE. See "CAMERA STORE."
PHOTOGRAPHY STUDIO. An establishment where a professional photographer takes posed pictures of people for a fee at retail. Does not include retail sales of photographic supplies, except for picture frames and picture albums.

PHYSICAL FITNESS STUDIO. An establishment which provides physical exercise classes and/or personal one - on-one physical fitness training. Typically includes a weight room and/or an aerobics dance class room. Does not include facilities typically of the large health clubs, such as showers, a pool, racquetball or tennis courts.

PLANNED DEVELOPMENT DISTRICT (PD). A land use zoning district which permit a combination of land uses planned for a single tract of land to be developed as a unit according to a specific development plan approved by the City which result in efficient and attractive utilization of land in order to preserve open space areas, topographical features, ridge tops, and tree clusters. This district also permits the creation of a site -specific project which provides a mix of housing types as well as nonresidential development. See Section 10-1.2500.

PLANNING COMMISSION. The Planning Commission of the City of Hayward, California.

PLANNING DIRECTOR. The Director of the Community and Economic Development Department of the City of Hayward, California. This includes his or her staff members as appointed to represent him or her.

POINT OF BUSINESS SALE. An establishment which provides retail sales of commodities via internet, telephone, facsimile, and/or mail, with less than 10 percent of gross annual sales attributable to direct and physical customer contact on-site.

PREMISES. A continuous area of land and any structures thereon all under a single ownership or operation under a single direction, which premises may include one or more adjacent lots, or fractions of lots.

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PREMISES. The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

PRIMARY USE. The principal or predominant use of any lot, building or structure.

PUBLIC AGENCY FACILITIES. Facilities, structures and accessory uses which house public agencies such as federal, state, or local government, and other agencies such as utility and telephone companies governed by the Public Utilities Commission.

PUBLIC PARK/PUBLIC GATHERING. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City which is under the control, operation or management of the City of Hayward, Hayward Area Recreation District, Alameda County, the East Bay Regional Park District, the State of California or Federal Government. For private golf course, see "GOLF COURSE, COUNTRY CLUB." PUBLIC FACILITIES DISTRICT (PF). A land use zoning district within which typical land uses include public government buildings, public libraries, public community centers, and public parking lots, whether a fee is charged or not. See Section 10-1.2300.

QUARRY. Any premises from which any rock, sand, gravel, earth, or mineral is removed or excavated for the purpose of disposition away from the immediate premises, whether the disposition is immediate or in the future, and excepting excavations within public roads and highway rights-of-way.

RADIO TRANSMISSION TOWER. See "ANTENNA."
RAILROAD YARD. A facility where railroad cars and engines are stored, repaired, and transferred to different trains. Also includes a freight station where items carried by train are transported onto and/or from trucks for transport. Also see "PASSENGER TRANSPORTATION TERMINAL." RECREATIONAL FACILITY. Those facilities maintained to provide a pastime, sport or exercise as a means to refresh one's body or mind, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses. May be a commercial or non-commercial facility. Under no circumstance, as a primary, permitted or accessory use, shall any Recreational Facility be allowed to operate Simulated Gambling Devices as define d in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
RECREATIONAL VEHICLE. A vehicle primarily designed as temporary living quarters for recreational, camping, or travel use.

RECREATIONAL VEHICLE (RV) STORAGE FACILITY. A parcel or group of contiguous parcels upon which two or more recreational vehicles, camper trailers and boats may be stored for a fee when not in use.

RECYCLING FACILITIES.
a. Small Recycling Collection Facilities/Recycling Collection Area. Small recycling facilities shall be incidental to a primary use on the site (i.e. shopping center). Accepts recyclable non -hazardous materials directly from the public by donation, redemption, or purchase at facilities no greater than five hundred (500) square feet in area and that generally do not use power -driven processing equipment. May include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials (such as aluminum, glass, plastic, and bimetal for recycling). Small Recycling collection facilities may not process material except for limited bailing, batching, and sorting of materials. b. Large Recycling Collection Facilities. A facility accepting recyclable non -hazardous materials by donation, redemption, or purchase at facilities occupying an area greater than five hundred (500) square feet and that is not incidental to a primary use. Large Recycling Collection Facilities may use power driven equipment to sort and condense material for shipment to an intermediate processor or

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other user. Processing of materials is limited to sorting, bailing or similar activities and shall occur within an enclosed building. Storage of materials shall occur within an enclosed building or in sealed and covered containers outside of a building, subject to the Outdoor Storage screening requirements.

Recycling Processing Facilities. A facility that operates within an enclosed building used for the collection, processing and storage of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, composting and remanufacturing. Processing outside of a building is prohibited.

RECYCLABLE MATERIALS. "Recyclable materials" or "recyclables" are discarded materials that are collected, separated, composted, and processed and that can be used as raw materials in the manufacture of new products and/or materials used as alternative daily cover as defined and permitted by the State of California. Recyclable materials are collected and treated in a manner different from Refuse.

REFUSE. Waste material intended for disposal and including: (1) non-putrescible wastes, whether in solid or liquid form, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service; and (2) rubbish (such as non-recyclable materials).

RELIGIOUS FACILITY. Those facilities maintained by a tax-exempt religious institution, a government agency, or other non-profit organization exempt from taxation under the Internal Revenue laws as an organized system of belief in or the worship of God or gods or an institutionalized system of religious attitudes, beliefs and practices, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses .

RENEWABLE ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION. Facilities engaged in generating electric power from renewable resources or operating power transmission systems for renewable energy, including electrical lines, transformer stations, and meters. This definition does not include ancillary renewable energy systems associated with a primary industrial use. See also WIND ENERGY CONVERSION SYSTEM.

RESEARCH AND DEVELOPMENT. A facility engaged in conducting research and development to gain or apply scientific knowledge for product/process creation. Includes commercial testing and experimental laboratory environments. Subject to Hazardous Materials Use and Storage limitations.

RESIDENTIAL NATURAL PRESERVATION DISTRICT (RNP). A land use zoning district within which topographic configuration is a major consideration in determining the most appropriate physical development of the land. This district primarily allows the development of single-family homes only where they are subservient to and compatible with the preservation of major natural features of the land. See Section 10 -1.300.

RESIDENTIAL-OFFICE (RO). A land use zoning district which allows the mix of office land uses with residential, the scale and form of which does not detract from adjacent or future residential land use in the same zone. See Section 10-1.600.

RESTAURANT. Any establishment, other than a boarding house or dormitory, where food and beverages are provided for consumption on-premises or off-premises, and where typically, but not necessarily, there are tables, counters, benches, or other public seating facilities provided, or where food is taken off-premises, disposal containers are provided. Examples include a sit-down dining facility, fast-food restaurant (no drive-through window), donut shop, pizza shop, cafe, bakery, cafeteria, coffee shop, lunchr oom, delicatessen, and ice cream parlor. The serving of alcoholic beverages is subject to the regulations in the "Alcohol Beverage Outlets" regulations, Section 10-1.2750 of this Ordinance.

RESTAURANT—DRIVE-THROUGH. Any high-volume establishment serving food or beverages which utilizes a building design, site layout, or operating procedure whereby customers can drive onto the premises and remain in their vehicles while food or beverages are sold or dispensed. For regulations of drive-through restaurants see the "Drive-in Establishments-Special Standards and Conditions" contained in the Design and Performance Standards of various Sections of this Ordinance, including Sections 10-1.800 and 10-1.1000.

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RETAIL. The sale of commodities or goods to ultimate consumers. This definition does not include AUTOMOBILE SALES for new and used vehicles.

REVERSE VENDING MACHINES. A mechanical device which accepts one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip. "Bulk reverse vending machines" are those machines which exceed 50 cubic feet in size or exceed 8 feet in height. See Section 10-1.2735.i. "RECYCLING FACILITIES." RIDING STABLE OR ACADEMY. A facility where individuals board their horse(s) and or where horseback riding classes are taught. Typically includes public demonstrations, such as dressage or other equestrian events. Does not include any contest(s) resembling a rodeo (i.e., bronco riding, calf roping, and/or steer wrestling.) RIGHT-OF-WAY. A strip of land used acquired by reservation, dedication, prescription or condemnation and intended to be used or occupied by a road, trail, water line, sanitary sewer and/or other public utility services and uses, or any combination thereof, and includes all and any part of the entire width or other area of designated right-of-way, whether or not such entire width or area is actually used. Right -of-way includes access, pedestrian, equestrian and utility easements. The following sub-definitions are provided:
a. Public right-of-way. A right-of-way owned by the City or any other public entity or public utility. b. Private right-of-way. A right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and which no improvements or maintenance has regularly been performed by the city or other public entity.
c. Railroad right-of-way. A strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right -of-way, whether or not the entire width or area is actually used for such railroad facilities.

ROOF STYLE
a. Flat: A flat roof is one which is almost level, with no significant slope (pitch) in any direction. Most flat roofs have a very gentle slope for rainwater run-off.
b. Gable: A gable roof is one where only two opposite sides (usually the longer sides) slope, with walls that extend all the way to the top of the roof ridge in a triangular shape. c. Gambrel: A gambrel roof is a symmetrical two-sided roof with the longer sides having two segments at different pitches
d. Hip: A hip roof (or hipped roof) is one where all four sides slope.

SETBACK. The required distance that a building, structure, parking or other designated item must be located from a lot line.

SHOE REPAIR SHOP. An establishment which repairs, shines, and polishes shoes. Typically includes machinery necessary to repair shoes, and may include retail sales of shoes.

SHOPPING CENTER. A continuous area of land under single ownership or operated under a single direction, developed for retail and general commercial purposes, and typically has at least one major tenant and several smaller shops. Typically has driveways and parking facilities which are shared between tenants.

SIGN SHOP. An establishment which produces general advertising signs of various shapes and sizes for sale at retail.

SINGLE-FAMILY DWELLING. See "DWELLING, SINGLE-FAMILY."
SINGLE-FAMILY RESIDENTIAL (RS). A land use zoning district primarily used for single -family homes where children and members of many families live as a neighborhood. See Section 10 -1.200.

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SLOPE. The formula for calculating slope shall be as follows:

S = (I x L x 100) / A
S = Average existing slope in percent for the portion of the site or lot to be developed I = Contour interval in feet
L = The combined length in feet of all contour lines within the portion of the site or lot to be developed.

A = Total area in square feet of the portion of the site or lot to be developed.

The total area within a site or lot that is proposed to be graded and/or covered with structures shall be included in the slope calculation. Areas proposed to be left undisturbed shall not be included.

An inclined ground surface, the inclination of which may be expressed as a ratio of horizontal distance to a vertical distance, in degrees or as a percentage.

Slope Percentage = Rise/Run X 100 = %.

Slope Ratio = Run/Rise = (x) feet run to one foot rise = X : 1 %
Grade
100% 50% 40% 33.3% 30% 25% 20% 15% 12% 10% 8% 6% Degrees 45 26.6 21.8 18.4 16.7 14 11.3 8.5 6.8 5.7 4.6 3.4 Ratio 1:1 2:1 2.5:1 3:1 3.3:1 4:1 5:1 6.7:1 8.3:1 10:1 12.5:1 16.7:1

SPECIAL DESIGN OVERLAY DISTRICT (SD). A zoning overlay which promotes the conservation and compatibility of development in areas of historic or architectural character and has specific architectural requirements for new development which enhances these resources. This District is comprised of the following Subdistricts:
a. "B" Street Special Design Streetcar District (SD-1). b. Mission Corridor Special Design District (SD-2).
c. Cottage Special Design District (SD-3).

SPECIAL LOT STANDARDS COMBINING DISTRICT (B). An overlay zone which depicts specific development standards for the zoning district it is combined with. See Section 10 -1.2400.

SPORTING GOODS STORE. An establishment which sells sporting goods to the public at retail. Typically includes sports equipment (i.e., balls, bats, tennis rackets, golf clubs, skis and ski poles), and may include related clothing (i.e., tennis shoes for running, walking, basketball, etc., and sweat pants, shorts, shirts, and hats.) May also include the ancillary sale of used sporting goods.

STATION AREA RESIDENTIAL DISTRICT (SAR).

Note(s)—Repealed by Ordinance 11-12, Adopted October 11, 2011.

STATIONARY STORE. An establishment which sells office-related products to the public at retail. Products typically includes paper products, calendars, pens and pencils, and may include small office equipment, such as filing cabinets, brief cases, and calculators. Usually includes the sale of greeting cards, wrapping paper, photo albums, picture frames, globes, maps, and other related products.

STORAGE. A space or place where goods, materials and/or personal property is put for more than 24 hours.

The following subdefinitions are provided:

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a. Minor Open Storage. Outside storage that is accessory or ancillary to the primary or conditional use conducted on the site, which shall not exceed 25 percent of an open yard area, excluding any required yard or parking area.
b. Public Storage Facility. A space or place within an enclosed building where goods, materials, and/or personal property may be put for more than 24 hours for a fee. Typically includes a manager's dwelling unit and customer parking.
c. Recreational Vehicle Storage Facility. See definition for "Recreational Vehicle (RV) Storage Facility." STORAGE YARD. Outdoor storage of goods, materials, equipment as well as storage of operating equipment for warehouses such as forklifts, pallets and racks outside of a building for more than 24 hours as a primary use.

This classification excludes auto-related outdoor storage uses otherwise defined in this section such as AUTOMOBILE STORAGE YARD, AUTOMOBILE DISMANTLING FACILITY and TOWING YARD.

STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused underfloor space shall be considered as a story. A mezzanine or loft that covers a portion of the floor below still constitutes a story. Maximum story height shall be 13 feet.

STREET. A publicly maintained right-of-way for use as a public thoroughfare by the public at large, or a private street, provided said private street has been approved by the City Council.

STREET TREE. A tree located within the right-of-way often within a sidewalk well.

STRUCTURAL ALTERATIONS. Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

STRUCTURE. Anything constructed or erected, except fences not exceeding six feet in height, which requires permanent location on the ground or is attached to something having location on the ground.

SUBDIVISION. The division of land as regulated by the Subdivision Ordinance, Article 3, Chapter 10, of the Hayward Municipal Code.

SUBDISTRICT. A subcategory of a primary zoning district.

SUNTAN PARLOR. An establishment which provides tanning facilities for use by the public for a fee.

SUPERMARKET. An establishment which does retail sales of food, beverages, drugs, variety items, and similar goods. May include an automated teller machine or related financial facility.

TAILOR/SEAMSTRESS SHOP. An establishment which sews, alters, and/or mends clothing and costumes for the public for a fee. Typically includes sewing machines and sewing notions for use by the proprietor.

TANNING SALON. See "SUNTAN PARLOR."
TATTOO PARLOR. An establishment which provides a tattooing service to customers. May include body piercing as an ancillary use.

TAVERN. See "BAR, COCKTAIL LOUNGE."
TAXI COMPANY. An establishment which provides vehicle rides to the public for a fee. Typically includes automobile and/or van rides, for single passenger pick-ups and drop-offs. Minor automobile repair of vehicles used by the proprietor is permitted on-site (i.e., oil change, tune-ups).

TEMPORARY USE. A use established for a specific period of time, with the intent to discontinue the use at the end of the designated time period. Example includes retail sidewalk or tent sales. For animals, "temporary use"

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shall mean the keeping of animals for specified periods of time either following birth, for purposes of recovery by no-profit breed rescue organizations, or other reasons as determined by the Planning Director.

THEATER. A building or outdoor structure where films, motion pictures, video cassettes, slide or similar photographic reproductions are regularly shown, or an establishment regularly featuring live performance of dramatic productions, for any form of consideration.
a. SMALL MOTION PICTURE THEATER. An establishment having two (2) or fewer screens or less than two hundred (200) seats.
b. LARGE MOTION PICTURE THEATER. An establishment having three (3) or more screens or two hundred (200) or more seats and showing first run films. Large Motion Picture Theaters are also referred to as multi-plex or multi-screen theaters.
c. LIVE PERFORMANCE THEATER. An establishment having one or more stages and featuring live or dramatic productions.

THRIFT STORE. An establishment engaged in the retail sales of used or donated goods (including clothing, furniture, appliances, etc.).

TRAILER. A vehicle without motor power used or adaptable for living, sleeping, business or storage purposes, having no function other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character unless the entire structure is erected and maintained in accordance with prevailing laws.

TOY STORE. An establishment which sells toys and games to the public at retail.

TRANSITIONAL AND SUPPORTIVE HOUSING. 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 typically 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.

TRAVEL AGENCY. See "OFFICE."
TRUCK TERMINAL. A facility which provides a transfer, loading, and unloading point for trucks and automobiles carrying goods and products. Typically includes fuel and food facilities.

UNATTENDED COLLECTION BOXES. Unattended collection box shall mean any unattended container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing and other salvageable personal property. See General Regulations "Recycling Facilities" for specific regulations.

UPHOLSTERY SHOP. A facility which re-upholsters household furnishings of all types (i.e., couches, chairs, footstools, pillows, etc.), for a fee (does not include automobile upholstering).

USE. The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.

USE PERMIT. A land use permit termed a "discretionary entitlement" to operate a specified land use on a given parcel. Usually an activity or business. The following subcategories of use permit are provided:
a. Administrative Use Permit. A Use Permit issued administratively by the Planning Director or his or her appointee. An Administrative Use Permit is typically subject to exactions and conditions of approval. b. Conditional Use Permit. A Use Permit issued by the Planning Commission or City Council through a public hearing process. A Conditional Use Permit is typically subject to exactions and conditions of approval.

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VACANT BUILDING/SITE. A building, structure or real property that is undeveloped, unoccupied or occupied by a person without a legal right to occupy for at least 30 days. In determining whether a building or site is vacant, the Planning Director or designee may consider these factors among others:
a. A building at which lawful residential or business activity has ceased. b. The building or site is substantially devoid of contents. c. The building or site lacks legally connected utility services, including but not limited to water, sewer, electrical or natural gas.
d. This definition does not include building, structures or sites that are undergoing construction or renovation and which are in compliance with all applicable ordinances, codes, legislation, and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.

VARIANCE. A discretionary entitlement which permits the departure from the strict application of the development standards contained in this Zoning Ordinance.

VARIETY STORE. An establishment which provides a variety of goods to the public for sale at retail. Typically includes hair care products, a pharmacy, non-prescription drugs and hygiene products, cleaning supplies, toys, games, small household appliances, dishes, make-up, candy, etc.

VEHICLE. The term "vehicle" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle as defined herein for sleeping purposes shall be prohibited except within an appro ved mobile home park.

VEHICLE RENTAL. See "AUTOMOBILE RENTAL."
VEHICLE REPAIR. See "AUTOMOBILE REPAIR."
VEHICLE SALES. See "AUTOMOBILE SALES."
VEHICLE SERVICING. For vehicle servicing such as same-day lube, oil, and filter, see "AUTOMOBILE REPAIR - MINOR." For major vehicle repairs such as engine overhauls, vehicle upholstery, auto glass, mufflers, etc., see "AUTOMOBILE REPAIR - MAJOR."
VIDEO SALES AND RENTAL STORE. An establishment which sells at retail and/or rents video tapes to the public.

WAREHOUSE AND DISTRIBUTION FACILITY. Establishments primarily engaged in the sale, storage, and distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for distribution in smaller lots. Does not include public storage facilities.

WASTE TREATMENT FACILITY. A facility that treats hazardous waste, medical waste or other waste from offsite sources. Subject to Outdoor Storage limitations.

WASTE TRANSFER/HANDLING FACILITY. A facility that transports or handles hazardous waste, medical wastes or other wastes from offsite sources. Subject to Outdoor Storage limitations.

WHOLESALE ESTABLISHMENT. The sale of commodities and goods to an establishment for resale to the consumer.

WIND ENERGY CONVERSION SYSTEM. A machine that converts the kinetic energy in the wind into a usable form. A wind energy conversion system is commonly known as a windmill or wind turbine, and includes all parts of the system including the tower and the transmission equipment.

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WINE SHOP. "Wine Shop" shall mean an alcoholic beverage sales establishment, managed by a certified sommelier or oenologist, primarily for the retail sales of wine from multiple wineries and distributors that involves no sales of liquor or distilled spirits. Wine tasting may be included as an accessory use, but the wine shop cannot operate as a bar.

YARD. The word "yard" shall mean an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided herein. A yard extends along a lot line or official plan line to a depth or width specified in the yard regulations for the District in which such lot is located.

a. Front Yard. A yard extending along the full length of the front lot line between the side lot lines, except for flag-shaped lots where yard areas shall be calculated excluding the stem of the lot, and the front yard shall be parallel to the right-of-way unless determined otherwise by the Planning Director. The developer of a corner parcel may select as the front yard property facing either of the two rights -of- way at the time of initial development of the property.

b. Rear Yard. A yard extending along the full length of the rear lot line between the side lot lines of an interior lot. The rear yard of a corner parcel shall be determined by the Planning Director and shall be opposite either of the two rights-of-way.

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c. Side Yard. A yard extending along a side lot line from the front yard to the rear yard, or from the front lot line to the rear yard where no front yard is required. In determining side yards based on a percentage of lot width where the lot is irregular in shape, the width shall be determined by calculating the lot width at a point of 20 feet from the front property line. d. Side Street Yard. A yard extending along a lot line, other than a front, rear, or interior side line, between the front yard and a side or rear lot line. The developer of a corner parcel may select the side street yard from property facing either of the two rights-of-way. (Section 10-1.3510 amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 02-08, adopted July 16, 2002; Ordinance 03-08, adopted May 27, 2003; Ordinance 04-13, adopted September 28, 2004; Ordinance 04-19, adopted December 21, 2004, amended by Ordinance 06-11, adopted July 11, 2006, amended by Ordinance 06 -14, adopted July 11, 2006; amended by Ordinance 17-09 , adopted June 20, 2017; amended by Ordinance 17-16 , adopted Nov. 7, 2017; amended by Ordinance 17-15 , adopted Nov. 28, 2017; amended by Ordinance 19-10 , adopted June 4, 2019; Amended by Ordinance 21-05 , § 5, adopted July 20, 2021)

CHAPTER 10, ARTICLE 2 OFF-STREET PARKING REGULATIONS
Hayward, California, Municipal Code Created: 2023-03-06 10:03:44 [EST] (Supp. No. 19, Update 1)

II. GENERAL PROVISIONS
SEC. 10-2.200 APPLICATION.

This article shall not apply to existing uses established prior to its adoption except as hereinafter modified.

Off-street parking and loading spaces shall be provided subject to the provisions of this chapter:
a. The Off-Street Electric Vehicle Charging requirements in this Article shall apply:
1) At the time of construction of any new building; or
2) At the time when new parking spaces are added due to a change of use or addition to an existing building. (The calculation of EV charging infrastructure required shall be based only on the number of parking spaces added.)
b. At the time of construction of any new building.
c. At the time an existing building is altered or enlarged, except in the Central Parking District. The number of parking spaces or loading berths required for a major alteration or enlargement of an existing structure shall be in addition to the number of spaces or berths existing prior to the alteration or enlargement. The required number of parking spaces for that portion of the building existing prior to the alteration or enlargement shall not be increased as a result of the alteration or enlargement. F or purposes of these requirements, 'major alteration or enlargement' shall mean an alteration or enlargement that would increase the number of parking spaces or loading berths required by at least 25 percent or by at least 10 parking spaces, whichever is greater. d. At the time a new use is established in an existing building, where a major change of use or expansion in the existing use is involved for any lot, structure, or building, except in the Central Parking District, additional parking shall be provided for the new use based on the difference between the parking requirements for the new use as set forth in this article and the parking requirements for the prior use.

For purposes of these requirements, 'major change of use' shall mean a change of use that woul d increase the number of parking spaces or loading berths required by at least 25 percent or by at least 10 parking spaces, whichever is greater.
e. At the time that cumulative additions to a single-family or multi-family dwellingresidential building increase the original building floor area by more than 50 percent per unit or increase the number of sleeping rooms.

NOTE: Excess parking spaces existing at the time a building is increased in area or a new use is established may be credited toward meeting the required parking. (Amended by Ordinance 22-11 , adopted November 15, 2022) III. REQUIRED RATIO OF PARKING SPACES
SEC. 10-2.300 REQUIRED RATIO OF PARKING SPACES.

Uses not specifically listed in this article shall provide the minimum off -street parking required of the use most similar in nature, as determined by the Director of Community and Economic Development/ Planning Director. Additional parking spaces may be required for developments requiring conditional use permits, parcel

ATTACHMENT IV

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map or tract map approvals, or other conditionally approved projects at the discretion of the Director of Community and Economic Development/Planning Director.

SEC. 10-2.310 RESIDENTIAL USES.

The number of off-street parking spaces required for residential shall be:

USES PARKING SPACES REQUIRED
SINGLE-FAMILY DWELLINGSDETACHED RESIDENTIAL: 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 uncovered
per dwelling unit. Driveway parking spaces can satisfy
the uncovered parking requirement., 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

DUPLEXES, TRIPLEXES, MULTIPLE-FAMILY -UNIT
DWELLING(S)RESIDENTIAL (4+ UNITS):*

Studio 1.0 covered and 0.50 open uncovered per dwelling unit
One-bedroom 1.0 covered and 0.70 open uncovered per dwelling unit
Two or more bedrooms 1.0 covered and 1.10 open uncovered per dwelling unit
* Ten percent of the multiple family parking spaces
required shall clearly be marked for visitor's parking, at least 70 percent of which shall accommodate
standard size vehicles. Where less than 10 parking
spaces are required, a minimum of one standard
parking space shall clearly be marked for visitor's
parking.
* Included in the rental cost, a minimum of one
covered parking space shall be assigned to each studio
and one-bedroom unit, and a minimum of one
covered and one uncovered parking space shall be
assigned to each two or more bedroom or more units.

Assigned unused spaces may not be rented to any
other party. Any uncovered space may be covered
instead.

Senior (62+) rental housing 0.5 covered spaces per unit Special needs housing as defined in California Health
and Safety Code Section 51312

0.3 covered spaces per unit
MOBILE HOMES 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(S) See Section 10-1.2740 for parking criteria and standards.

(Amended by Ordinance 17-16 , adopted Nov. 7, 2017)
IV. EXCLUSIONS, REDUCTIONS, EXCEPTIONS AND APPEALS

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(Supp. No. 19, Update 1)

SEC. 10-2.402 RESIDENTIAL CREDIT FOR TRANSPORTATION SYSTEMS MANAGEMENT PROGRAM.

In consideration of the financial commitment involved in providing a Transportation Systems Management Program and the fact that the use of alternative commute modes serves to reduce parking demand, a residential development that is required to provide greater than 50 off-street parking spaces may be allowed to reduce the parking requirements of this article between 10 and 20 percent by implementing the items specified below. a. For a 10 percent reduction, all the following measures shall be included in the project. i. On-site transit route maps and schedules posted within a publicly visible and accessible area near the primary building entrance. The route maps and schedules shall include all transit routes within a ¼ mile radius and be updated annually. ii. A minimum of one car-share parking space and an annual membership to the car - sharing program available all residents in perpetuity.
b. For a 15 percent reduction, one of the following measures shall be included in the project. i. A publicly accessible Class 1 or Class 4 bicycle facility through the development connecting to an existing or planned bike route identified in the City’s Bike and Pedestrian Master Plan. Along the facility, there shall be at least one bike repair station with an air pump and tools.
ii. A bus shelter for any bus route within a ¼ mile radius. The bus shelter design shall be approved by City of Hayward and AC Transit.
c. For a 20 percent reduction, one of the following measures shall be included. i. A one-time financial contribution set by the Public Works Director for bike, pedestrian or transit related capital improvements projects identified in the Capital Improvement Program
ii. Monthly bus passes shall be made available to residents at no cost in perpetuity. A minimum of 1 bus pass per bedroom shall be made available. d. The reductions above may not be combined for a single project. e. The property owner(s) must enter a written, recorded agreement with the City setting forth the substance of the Transportation Systems Management program and including a guarantee that there will be no substantial alteration in the Transportation Systems M anagement program that will create a greater demand for parking without the City's knowledge and approval.

SEC. 10-2.403 NON-RESIDENTIAL CREDIT FOR TRANSPORTATION SYSTEMS MANAGEMENT PROGRAM.

In consideration of the financial commitment involved in providing a Transportation Systems Management Program and the fact that the use of alternative commute modes serves to reduce parking demand, a non- residential development that is required to provide greater than 50 off-street parking spaces may be allowed to reduce the employee parking requirements of this article up to 6 percent by providing an Employee Transportation Coordinator and up to another 14 percent by implementing the first 13 items below for a total of up to 20 percent. a. All developments may submit a plan for a Transportation Systems Management Program. The program may include, but is not limited to the following factors:
(1) Carpool/vanpool matching

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(2) Preferential parking for carpools and vanpools
(3) Financial subsidies and rewards to walkers/carpool/vanpool/bus/BART passengers and drivers (4) Employer provided vehicles for carpools and/or vanpools (5) Carpool/vanpool operating subsidies, e.g. insurance, fuel, maintenance (6) Provision of subscription bus services
(7) Sale of bus/BART passes/ticket books at the work site (8) On-site transit route maps and schedules
(9) Shuttle service to bus/BART
(10) Bus shelter provision and maintenance
(11) Alternative work hours
(12) Capital improvements for transit services
(13) Bicycle linkages to established bicycle routes
b. As a guideline, the position of an Employee Transportation Coordinator should involve at a minimum the following:
(1) The Employee Transportation Coordinator should have completed a Bay Area Air Quality Management District certified training curriculum, or as approved by the City Engineer; (2) The Employee Transportation Coordinator should be equipped with sufficient office space, marketing materials, clerical assistance, and telephone service to implement a complete transportation center;
(3) The Employee Transportation Coordinator should disseminate promotional materials and information to building occupants to encourage ride sharing and alternate work hours; (4) The Employee Transportation Coordinator should conduct a minimum of 2 information days annually;
(5) The Employee Transportation Coordinator should devote a minimum 1 hour per week for every 50 employees to encourage alternative commute modes;
(6) The Employee Transportation Coordinator shall prepare an annual report evaluating the extent and results of the Transportation Systems Management program, including measures undertaken by the employer, average number of employees using various modes of transportation, total number of employees participating in alternative work hours, and any employer subsidies. c. In addition to the 6 percent reduction obtainable for providing an Employee Transportation Coordinator, a 14 percent reduction may be obtained if the Transportation Management Systems program shows how alternative modes will be implemented, the permanen cy of such modes, the extent of the program, the number of trips reduced, and the number of parking spaces eliminated by the alternative modes. The potential for maintaining the program will be considered in determining the reduction in required parking.
d. In addition, the property owner(s) must enter into a written, recorded agreement with the City, in a form satisfactory to the City Attorney, setting forth the substance of the Transportation Systems Management program and including a guarantee that there will be no substantial alteration in the Transportation Systems Management program that will create a greater demand for parking without the City's knowledge and approval, and a provision stating that the City may, upon a finding by the

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Director of Community and Economic Development/Planning Director that there has been a change in the plan, modify, amend, or unilaterally terminate the agreement.

SEC. 10-2.404 CREDIT FOR PROXIMITY TO PUBLIC TRANSPORTATION FACILITIES. a. Except for uses established in the Central Parking District, parking space requirements for public or private institutional or government uses, e.g., hospitals, office buildings, may be reduced by the Director of Community and Economic Development/Planning Director up to 15 percent, provided public transportation is available within 500 feet of the site or if public rail transportation is available within 1000 feet of the site. b. Except for uses established in the Central Parking District, parking space requirements for retail establishments may be reduced by the Director of Community and Economic Development/Planning Director up to 15 percent, provided a public bus stop and shelter are immediately adjacent to the site and maintained by the retail establishment.
c. Except for uses established in the Central Parking District, parking space requirements for multi -family residential may be reduced by the Director of Community and Economic Development/Planning Director up to 15 percent provided public rail transportation is available within 1,000 feet of the site.

SEC. 10-2.405 CREDIT FOR SENIOR CITIZEN/HANDICAPPED HOUSING.

Parking space requirements for residential developments deed restricted to be exclusively for individuals 62 years of age and older and/or for persons with disabilities may be reduced by the Director of Community and Economic Development/Planning Director up toby 25 percent when:. a. The facility is conveniently located with respect to shopping, services, and public transportation; b. Units are permanently made available to low income persons; c. Tenant vehicles are limited to the number of parking spaces provided exclusive of guest parking spaces; and
d. The Director of Community and Economic Development/Planning Director finds that these conditions substantially reduce the need for on-site parking. The percent reduction obtained cannot be in addition to any other reductions.

SEC. 10-2.406 CREDIT FOR TWO-WHEEL VEHICLE PARKING SPACE(S).

In addition to the off-street parking requirements heretofore enumerated, additional parking spaces or facilities for bicycles, motorcycles, and similar two-wheel vehicles shall be provided when more than 50 parking spaces are required. Location, area, design, and improvement of such space or facilities shall be as approved by the Director of Community and Economic Development/Planning Director. a. Credit for one parking space shall be given for each 4 bicycle spaces provided, whether the spaces are required or not. Bicycle spaces shall measure at least 2- feet by 7-feet and shall be located in groups of 4 and be equipped with locking devices for each bicycle. b. Credit for one parking space shall be given for each 2 motorcycle spaces provided, whether the spaces are required or not. Motorcycle spaces shall measure 4-feet wide by 8-feet long and shall provide an adequate maneuvering area to permit easy access to the space. c. Credits for bicycle and motorcycle parking, or a combination thereof, shall not exceed 5 percent of the total required parking spaces.

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(Supp. No. 19, Update 1)

SEC. 10-2.407 TANDEM PARKING STANDARDS.
a. Tandem parking is permitted for single-familydetached residential and mobilehomes. b. Tandem parking may beis permitted by the Director of Community and Economic Development/Planning Director for duplexes, triplexes, and multi-family residences residential (4+ units) in the Central Parking District when spaces are assigned to the same dwelling unit and are enclosed within a garage.
c. Tandem parking may be permitted by the Planning Commission for multi -family residences outside the Central Parking district when spaces are assigned to the same dwelling unit and are enclosed within a garage and when 1) the development contains at least 20 units and is located within 1,000 feet of a bus route with 7-day service or a rail station; 2) no more than 35 percent of the residences are provided tandem spaces; 3) the tandem garages are spaced or grouped such that vehicular movement conflicts are minimized; and 4) the tandem garages are located such that vehicles back out into an alley or courtyard that provides access to parking facilities only. Based on a recommendation by the Planning Commission, the percentage of units with tandem garages may be increased by the City Council where such increase serves to meet the goals of an officially-adopted Design plan, including, but not limited to, density and architectural design.
d. Tandem Parking may be permitted by the Director of Community and Economic Development/Planning Director for commercial parking facilities when a valet/attendant is on duty during the hours when the facility is being used.

SEC. 10-2.408 CARSHARING PROGRAMS.

In the Industrial Districts, required parking spaces may be substituted with designated carshare vehicle parking spaces, pursuant to the following:
a. Carshare vehicles shall be maintained for active use by a carshare service and not for other purposes. b. Carshare vehicles shall be made available to members of the carsharing service through an unattended, self-service operation 24 hours a day, seven days a week. (Added by Ordinance 19-10 , adopted June 4, 2019)
SEC. 10-2.410 CENTRAL PARKING DISTRICT STANDARDS.

All requirements of this article shall apply to development located within the Central Parking District, as defined by Section 10-2.100, except as hereinafter modified.

Parking and loading spaces in the Central Parking District shall conform to the extent possible with the Downtown Hayward Design Plan, which seeks to create a densely developed, mixed use, pedestrian oriented downtown neighborhood.

SEC. 10-2.412 CENTRAL PARKING DISTRICT RESIDENTIAL PARKING REQUIREMENTS.

Residential parking shall be provided on the site being developed. Use of combined facilities for residential parking requirements shall be permitted if parking facility is located on site of residential development.

1.0 covered and 0.50 open uncovered spaces per dwelling unit.

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0.5 space per dwelling unit for multiple-family dwellings providing housing exclusively for the elderly. (Occupancy requirements must be guaranteed, e.g., condition of government financing or grant, or other guarantee acceptable to the City.)
SEC. 10-2.414 DOWNTOWN CORE AREA SPECIFIC PLAN REDUCTION.

Within the area subject to the Downtown Core Area Specific Plan, the residential parking requirement may be reduced by the approving authority to a minimum of 1.0 space -per-dwelling unit, provided that the aggregate parking supply for all residential units at buildout, as described in the Specific Plan, excluding units exclusively for the elderly, is 1.5 spaces per dwelling. Residential parking requirements may be met in locations other than on the development sites, subject to the approval of the reviewing authority.

SEC. 10-2.416 COTTAGE DISTRICT—EXCEPTIONS.

In the SD-3 Cottage Special Design District, 1.0one off-street parking space per cottage is required; however, a single-car garage in a raised basement or backyard or nearby leased parking may be appropriate depending on the site circumstances. Driveways should generallyall be limited to a 10 foot width and in no caseshall not exceed 30 percent of the lot width. Double Two-car garages in the front street elevation are prohibited.

SEC 10-2.421 PARKING EXEMPTION NEAR TRANSIT
Any minimum off-street automobile parking ratios for a residential, commercial, or other development project shall not be enforced if the project is located within one-half mile of a major transit stop in accordance with California Government Code Section 65863.2, as amended from time to time.

SEC 10-2.422 UNBUNDLED PARKING
a. All off-street parking spaces for residential development may be leased or sold separately from the rental or purchase cost of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.
b. If there is unbundled parking on site, a notice describing the reduction in cost shall be permanently posted in common areas of the buildings such as a lobby or mailroom that is clearly visible to residents.

V. LOCATION OF PARKING AND LOADING SPACES
SEC. 10-2.500 PARKING SPACE LOCATIONS.

Except for non-residential uses in the Central Parking District and residential uses in the area subject to the Downtown Core Area Specific Plan (Sec. 10-2.414) and exceptions as noted in Section 10-2.402 (Off-site Parking), required off-street parking spaces and access to parking spaces shall be located on the same parcel as the uses served.

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(Supp. No. 19, Update 1)

No required multi-family residential parking spaces shall be located further than 200 feet from dwelling units. Where driveways exceed 40 feet in length, garages, carports, or other parking areas shall be designed to require vehicles to exit property in a forward direction.

SEC. 10-2.502 OFF-STREET PARKING ON/IN SLOPES.

In residential and agricultural zoning districts, a one-story garage may be located within the front yard area, if it does not interfere with visual clearance as required by the Hayward Traffic Code and it conforms to the criteria for the location of garages on slopes as noted in the Zoning Ordinance and in the Hillside Design Guidelines.

Parking lots in all zones shall have a maximum of a 5 percent slope.

SEC. 10-2.503 OFF-STREET PARKING NEAR WALLS AND PROPERTY LINES.

Except for detached residential units, duplexes, triplexes, and all development in industrial zones, parking and aisles shall be no closer than 5 feet to a building and shall be no closer than 5 feet to a property line in residential zones or where abutting residential zoning districts, 7 feet to a building or property line if a 2 foo t vehicular overhang is allowed, or 7½ feet to a building or property line if a 2 ½ foot vehicular overhang is allowed.

An exception may be made for lots less than 51 feet in width, in which case vehicular circulation may be located within 3 feet of a side property line.

For detached residential units, duplexes, and triplexes, driveways providing access to required parking shall be setback a minimum of 3 feet from a side property line and 2 feet from the primary building.

In all zones, parking spaces adjacent to fences or walls shall be increased in width by at least 1 foot to accommodate door swing.

SEC. 10-2.504 OFF-STREET PARKING AND LOADING IN FRONT AND STREET SIDE YARD AREAS.

Off-street parking and loading spaces or maneuvering areas for all types of vehicles —automobiles, trucks, recreational vehicles, bicycles, motorcycles, and similar two-wheel vehicles—shall not be located in any required front or street side yard, except as provided elsewhere in this article or as a part of an approved mobile home park plan.

Where possible, Non single-family multi-unit residential parking and loading spaces in residential areas should be located behind the primary structure(s) in order to enhance the streetscape.

In commercial and industrial zones, off-street parking spaces and driveway aisles shall be located no closer than 10 feet from the front and street side yard property lines, if the setbacks are less than 10 feet.

SEC. 10-2.505 OFF-STREET PARKING AND LOADING IN INTERIOR SIDE YARD AREAS.

In single-familyresidential zones (RL, RNP, RM, RH), parking and loading spaces shall not be located in a required interior side yard, except as specified in Sec.10-1.210(b), with the following exceptions: one recreational vehicle such as a boat, compact trailer, tent, or similar recreational vehicle less than 6 feet in height can be stored in a required side yard if screened from view from the street by a 6 -feet high solid fence.

Covered parking located between the rear of the main building and the rear lot line may be placed 5 feet from the side and rear property lines. Driveway aisles may be located in required interior side yards in conformance with Section 10-2.503 (Off-Street Parking Near Walls and Property Lines).

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(Supp. No. 19, Update 1)

In multi-family zones, and commercial and industrial zones, parking and driveway aisles may be located in required interior side yards in conformance with Section 10-2.503 (Off-Street Parking Near Walls and Property Lines).

SEC. 10-2.506 OFF-STREET PARKING AND LOADING IN REAR YARD AREAS.

Covered or uncovered parking and loading spaces may be located in a required rear yard as long as such parking spaces are located in accordance with requirements of the Zoning Ordinance, Sections 10 -1.445 and 10-

1.545, 10-1.845, and 10-1.1645, and the requirements of this article.

Open parking or vehicle storage areas located on single-family residential lots less than 10,000 square feet in area shall not exceed 500 square feet in area and shall not exceed 700 square feet for lots 10,000 feet or larger.

VI. DESIGN STANDARDS FOR PARKING AND LOADING SPACES
SEC. 10-2.602 PARKING SPACE DIMENSIONS.

Minimum stall, aisle, and driveway dimensions for off-street parking spaces shall be those shown in the attached appendices. Typically, minimum dimensions for non-angled compact car spaces shall be 8'-0" wide by 15'- 0" long, and minimum dimensions for non-angled standard car spaces shall be 9'-0" wide by 19'-0" long.

Open or covered parking areas, and garages or carports exceeding 120 square feet in area shall be located no less than 5 feet from the side or rear property line and shall conform to all other requirements of the Zoning Ordinance and Building Code.

SEC. 10-2.604 COVERED SPACE DIMENSIONS.

Minimum covered parking dimensions for off-street covered parking spaces shall be 20'-0" wide by 19'-0" long for two cars and shall be 11'-0" wide by 19'-0" for one car.

The minimum dimensions for covered parking spaces shall be 20 feet wide by 19 feet deep for two side -by-side spaces, 11 feet wide by 19 feet long for one space, and 11 feet wide by 38 feet long for two tandem spaces.

Parking space areas shall be unobstructed by stairs, utilities, posts, etc.

The minimum garage door width shall be 16 feet for a two-car garage and 8 feet for a one-car garage.

A one-car garage which is either less than 9 feet wide or 19 feet deep shall be considered nonconforming, and may be eligible to be converted to habitable living area without having to provide replacement parking.

Covered parking spaces shall provide a minimum unobstructed vertical clearance of 7 feet, with the exception of garage door openings which shall provide a minimum unobstructed vertical clearance of 6 feet 6 inches

Entrances to shared parking garages shall not exceed 24 feet in width.

SEC. 10-2.610 COMPACT CAR PARKING SPACES.

In all non-single-family shared residential parking facilities containing 6 or more spaces, a maximum of 30 percent of the required spaces may be compact car spaces. in all parking facilities and aA maximum of 50 percent may be compact car spaces for uses located in the Industrial District.

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(Supp. No. 19, Update 1)

SEC. 10-2.620 ACCESS LOCATION.

For other than single-family residential uses other than detached residential units, all parking and loading spaces shall be located so as not to require vehicles to back out into street right -of-way.

In order to protect traffic flow and pedestrian safety and to allow for screening of parking facilities, the number of curb cuts shall be minimized. Access ways, without parking on either side, to any parking lot shall be not less than 20 feet for two-way traffic and 12 feet for one-way traffic.

SEC. 10-2.623 PRIVATE DRIVEWAY STANDARDS.

Private driveway standards shall be constructed in accordance with the Standard Details of the City of Hayward Public Works Department. Driveways 40 feet or less in length shall be paved with Class B Portland Cement concrete.

On single-family residential lots, driveway width, regardless of the number of driveways, shall not exceed 20 feet in front of the garage. In addition, for access to a recreational vehicle storage area adjacent to a dwelling, a maximum 10-foot-wide driveway may be located on the opposite side of the lot from the garage, and outside the required side yard.

In multi-family residential zones, no more than 1/3 of the required front yard shall be devoted to driveway.

An exception may be made for lots less than 72 feet in width, in which case driveway may be a maximum of 24 feet in width.

Driveway widths in front of two-car garages shall be between 16 and 20 feet. Driveway widths providing access to three-car garages shall be between 20 and 26 feet.

Driveways leading to enclosed private garages shall not be at least less than 20 feet long.

Driveways providing access to required parking located in a side yard or rear yard shall be setback a minimum of 3 feet from a side property line and 2 feet from the primary building.

For detached residential units, duplexes and triplexes, the combined driveway and paving surface area shall not exceed a maximum of 50 percent of the required front yard area.

For detached residential units, access to a recreational vehicle storage area adjacent to a dwelling, a maximum 10-foot wide driveway may be located on the opposite side of the lot from the garage, and outside the required side yard to provide access to a recreational vehicle storage area adjacent to a dwelling. Driveway shall be constructed with concrete, "grasscrete", asphalt, or rock or concrete wheel tracks. \ For multi-unit (4+) residential buildings on properties greater than 72 feet in width, driveways shall not exceed one-third of the of the property frontage width and/or 24 feet individually. Properties less than 72 feet in width shall have one driveway with a maximum width of 24 feet.

For non-residential development on lots 70 or more feet in width, the Director of Community and Economic Development/Planning Director may approve a greater driveway width if the Director of Community and Economic Development/Planning Director determines the design of the driveway is aesthe tically pleasing and compatible with the lot terrain and adjacent development and will not create a pedestrian or vehicular hazard.

In Iindustrial districtsDistrict, in no case shall a driveway exceed one-third the width of the property frontage width or 35 feet, unless otherwise approved by the Planning Director.

(Amended by Ordinance 19-10 , adopted June 4, 2019)

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SEC. 10-2.624 CIRCULATION TO PARKING AND LOADING SPACES.

Within a shared parking facility, circulation must be such that a car entering a parking lot need not enter the street to reach another aisle. and that a car need not enter the street backwards, except for some single -family residences. Unless waived by the Director of Community and Economic Development/Planning Director, single - family residential lots that front on a major or secondary arterial and/or where driveways exceed 40 -feet in length and multi-family residential properties shall provide a sufficient paved driveway turnaround to allow vehicles to exit the property in a forward direction.

The entrance or exit to any service bay, loading space, or parking area shall not conflict with the entrance or exit to any other service bay, loading space, or parking area.

Driving aisles shall be at least 12 feet wide for 1-way traffic flow and 20 feet wide for 2-way traffic flow.

Parking lots and driving aisles parallel and adjacent to public sidewalks shall be separated by a minimum 10 foot landscape strip. One-way aisles shall alternate direction, or otherwise provide logical vehicular circulation as approved by the Director of Community and Economic Development/Planning Director, and shall not dead -end if greater than 60 feet in length. A 2-way dead-end driving aisle shall have minimum 5-foot turning back-up bay beyond the end stall.

SEC. 10-2.626 CONTROLLED ACCESS.
a. Where access to a parking, loading, and/or driving aisle is controlled by gates, there shall be sufficient width for either 2 side-by-side entry vehicles or 2 queued-entry vehicles, or greater if required by the City Engineer, between the gates and the street right of way or sidewalk, whichever is closer. There also shall be sufficient paved turn-around area between the gates and the street right of way or sidewalk, whichever is closer, to allow a vehicle to turn around and exit the property in a forward direction without opening the gate. b. Security gates in multi-family residential uses shall not obstruct access to visitor parking areas. Access shall be provided at all times for police, fire, city inspection, utility, and other health and safety related vehicles. c. When a request is made to the City for controlled access, all property owners within the area to be gated, or their homeowner's association, shall agree in writing to the request and agree to be responsible for the ongoing maintenance of the gate equipment, fences or walls, traffic control devices, and landscaping. d. The height and location of the gate shall be in conformance to Section 10 -1.2725, Yard Requirements, e.g., Yard Exceptions - Fences, Hedges, Walls. The gate, control devices, and approach lanes shall be adequately lighted, striped, marked, and protected to provide for the safe and orderly movement of pedestrians and traffic.
e. A gate opening system to provide for emergency vehicle access shall be installed to the satisfaction of the Police Chief and Fire Marshal.
f. Site Plan Review is required before the construction of a gate, if the Director of Community and Economic Development/Planning Director determines that the gate materially alters the appearance and character of the property or area or may be incompatible with the above requirements, City policies, standards, and guidelines.

SEC. 10-2.630 DRAINAGE, SURFACING AND MAINTENANCE.

A storm drainage system shall be provided that conveys storm water runoff into facilities of the City or the Alameda County Flood Control District. All on-site storm drain inlets must be labeled 'No Dumping - Drains to Bay,' using approved methods.

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(Supp. No. 19, Update 1)

All on-site storm drains must be cleaned at least once a year prior to the rainy season (October 15).

Additional cleaning may be required by the City Engineer.

Parking surfaces and dDriveways for all single-family dwellingsdetached residential units shall be paved with Class B, Portland Cement Concrete. A secondary driveway which provides access to a recreational vehicle storage area may be constructed with concrete, “grasscrete”, asphalt, or rock or concre ted wheel tracks. Subject to the approval of the Director of Community and Economic Development/Planning DirectorFire Department, driveways exceeding 40 feet in length may be paved with asphaltic concrete or a comparable all -weather, and dustless material(s), such as bricks or pavers.

All other residential and non-residential uses shall be paved with Class B, Portland Cement Concrete, or a minimum 3 inches of asphaltic concrete over a minimum of 4 inches of aggregate base or comparable all -weather, and dustless material(s), such as bricks or pavers.

Parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not be discharged to the storm drains; washwaters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge.

SEC. 10-2.640 LIGHTING AND MARKING.

Parking facilities shall be adequately lighted for safety and security as determined by the City Engineer. The minimum requirement is 1 foot candle of light across the entire surface of the parking area. Exterior lighting shall be designed, erected, and maintained so that light or glare is not directly cast upon adjacent properties or public rights-of-way.

Aisles, approach lanes, and maneuvering areas shall be marked and maintained with directional arrows and striping to control traffic flow. Each parking space shall be stripped, marked, and maintained by surface markings or other effective means and shall be maintained so as to be readily visible at all times. All compact parking spaces and designated employee parking spaces per Section 2.400, Parking Space Width Reductions, shall be clearly marked as such.

This section shall not apply to detached single-family dwellingsresidential units.

SEC. 10-2.641 SPACE IDENTIFICATION.

In multiple-family developments of 5 or more units, no less than 10 percent of the spaces shall be clearly and permanently marked for visitor parking, except in the Central Parking District where parking requirements are less than 1.0 space per dwelling unit. Where less than 10 parking spaces are required, a minimum of 1 standard parking space shall clearly be marked for visitor's parking.

SEC. 10-2.642 DIRECTIONAL AND REGULATORY SIGNS.

Traffic directional signs as required and approved by the Director of Public Works shall be installed at no expense to the City. Each exit from any parking area, except for single-familydetached residential units, shall be clearly marked with a 'STOP' sign.

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(Supp. No. 19, Update 1)

SEC. 10-2.650 LANDSCAPING.

Landscaped areas required in this section shall be composed of trees, shrubs, turf grass, planted ground cover, or a combination thereof. Landscaping shall be permanently maintained, including replacement where necessary. Landscaping shall be provided as follows:
a. Except for access driveways, a landscape planter 10 feet in width shall be provided in all required yard areas adjacent to street right-of-ways to create a separation from parking, loading, and vehicle maneuvering areas.
b. Where no front and/or street side yards are required, a landscape strip at least 10 feet wide, unless a wider strip is otherwise required by the Zoning Ordinance, shall be installed between parking areas and all existing or future street rights-of-way.
c. Landscape materials within 10 feet of vehicle ingress and egress points shall be maintained so as not to impair visibility or create a traffic hazard.
d. Landscaped areas shall be irrigated by means of an automatic sprinkler system with an automatic on - off timer clock mechanism.
e Landscape buffers shall be provided between adjoining outdoor use spaces with walls and planting shall be provided.
f. Parking areas shall include a minimum of one 15-gallon parking lot tree for every 6 parking stalls, except where restricted because of design constraints. Parking lot trees shall be planted in tree wells or landscape medians located within the parking area, unless an alternative location is approved by the Director of Community and Economic Development/Planning Director. Required street and buffer trees shall not qualify as parking lot trees.
g. Where a side or rear yard is required between a parking area and residential district, a minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line. h. The minimum dimensions of any tree well or landscape median shall be 5 feet, measured from the back of curb. The end of the parking rows shall be capped with landscape medians except where space is restricted due to existing site conditions.
i. Parking and loading areas shall also be buffered from the street with shrubs, walls, or earth berms, as determined by the Director of Community and Economic Development/Planning Director. Where shrubs are used for buffering, the type and spacing of shru bs shall create a continuous 30-inch-high screen within 2 years.
j. Agricultural zoning districts and parcels in a residential zoning district with three or less dwelling units shall be exempt from the landscaping requirements of this section.

SEC. 10-2.660 SCREENING.
a. A view-obscuring screen shall be installed along rear and interior lot lines whenever parking, loading, and vehicle maneuvering areas are adjacent toabut residentially zoned parcels. At the discretion of the Director of Community and Economic Development/ Planning Director or the Planning Commission, a view -obscuring screen may be required abutting any nonconforming residential buildings. The view -obscuring screen shall be uniformly painted, decorative wood fence, masonry wall or its equivalent, or chain -link fence with plant materials, and shall be constructed to withstand a 15-pound-per-square-foot wind load. The view obscuring screen shall be 6 feet high except when located within required front and side street yard setbacks, in which case the screen shall not exceed 4 feet high.

Created: 2023-03-06 10:03:46 [EST]
(Supp. No. 19, Update 1)

b. Unless there already exists a building wall or a fence, wall, or similar screen located within 2 feet of either side of a common property line, a view-obscuring screen as described above shall be installed. On Commercial or Industrial zoned properties abutting a residentially zoned parcel, the view obscuring screen shall be a concrete, brick, or masonry wall, or an equivalent. c. Agricultural zoning districts and parcels in a residential zoning district with 3 or less dwelling units shall be exempt from the requirements of this section.

SEC. 10-2.670 CURBING/BARRIERS.

Except for single-family dwellingsdetached residential units, where abutting trees and other landscaping, walls, columns, fences and pedestrian paths, each parking and loading space shall be provided with a Class B, Portland Cement Concrete bumper block or continuous concrete curb at least 6 inches in height above the finished pavement and 6 inches thick. Barriers shall be located a minimum of 24 inches from landscaped strips and 30 inches from fences, walls, etc. Additional barriers may be required by the Director of Community and Economic Development/Planning Director where he/shethey determines they are necessary for proper traffic circulation or safety reasons.

Assessor Parcel
Number (APN) Site Address General Plan Land
Use Designation
Existing
Zoning
Proposed
Zoning Existing Use Notes
083-0461-001-00 OVERHILL DR HDR RLB10 PD Vacant Parcel was rezoned PD with Ordinance 85-013 083-0265-005-02 698 OVERHILL DR HDR RLB10 RH Detached Residential Unit Parcels to the east have developed consistent with GP under a PD 442-0071-052-02 26050 KAY AVE HDR RL RH Religious Facility Religious facilities also allowed in RH. Would be consistent with other parcels on same block (in HDR GP and zoned RH)
416-0140-063-01 22632 7TH ST HDR RL RMB4 Multi Unit Residential RM-B4 Zoning would be consistent with parcel to the southeast 427-0061-022-00 1616 C ST HDR RL RH Multi Unit Residential Parcel in common ownership and developed with neighboring parcel 427-0061-021-00. These two parcels are zoned RL are located between parcels zoned RH (and HDR GP) and parcels zoned RM (and

MDR GP)
443-0030-034-00 24578 SURREY WAY HDR RL RH Religious Facility Religious facilities also allowed in RH. Would be consistent with parcels to the east (in HDR GP and zoned RH)
443-0030-033-00 380 ELMHURST ST HDR RL RH Religious Facility Religious facilities also allowed in RH. Would be consistent with parcels to the east (in HDR GP and zoned RH)
431-0092-078-02 SONOMA ST CHDR RL CN County Services Building Parking Lot County owned, also County owns adjacent parcel. Rezone CN consistent with adjacent parcel 078C-0451-002-00 656 OVERHILL DR CHDR RLB10 RH Detached Residential Unit RH is consistent with neighborhing properties 078C-0451-001-09 662 OVERHILL DR CHDR RLB10 RH Detached Residential Unit RH is consistent with neighborhing properties 078C-0451-001-05 648 OVERHILL DR CHDR RLB10 RH Detached Residential Unit RH is consistent with neighborhing properties 432-0032-001-02 21908 VICTORY DR CHDR RL RH Multi Unit Residential Parcel in common ownership and developed with neighborhing parcel 432-0032-050-00. 452-0084-063-03 28275 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-064-00 28319 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-102-00 28457 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-067-02 28378 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-100-02 28405 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-059-04 28106 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-068-00 28368 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-066-02 28379 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-061-00 28237 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-101-02 28433 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-109-02 28442 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-062-00 28251 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-103-00 28489 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-108-00 28460 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-060-00 28112 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-058-08 619 HANCOCK ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0084-065-00 28349 E 13TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-048-00 28078 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-051-00 28060 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-050-02 28068 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-054-00 27910 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-052-01 27900 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-053-00 27936 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-047-02 616 HANCOCK ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-049-00 28074 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0080-046-00 632 HANCOCK ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-035-02 27524 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-034-06 27532 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-028-00 27778 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-025-02 27898 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-027-00 27788 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-033-00 27566 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR.

ATTACHMENT V
452-0068-026-0027892 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-029-0027768 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-025-0127904 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-034-0727540 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR. 452-0068-032-0227574 E 12TH ST CHDR RL RM Detached Residential Unit Between Mission Boulevard Corridor and RL, Both RM and RH would be consistent with CHDR.

Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend
Parcels for Rezoning
Hayward City Limits
Esri, HERE, Garmin, (c) OpenStreetMap
contributors, and the GIS user community
´ 0 0.75 1.50.375
Miles
Attachment VI

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 23-037
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
I-880/Whipple Road Industrial Parkway Interchange Improvement Project Work Session: Review and Discuss Aesthetic Features

RECOMMENDATION
That the Council reviews and provides feedback on aesthetic features for the I-880/Whipple Road - Industrial Parkway Interchange Improvement Project.

SUMMARY
The City is in partnership with the Alameda CTC, the implementing agency, and the California Department of Transportation (Caltrans) to provide interchange improvements at the Whipple Road and Industrial Parkway interchanges along the I-880 corridor. The project proposes improvements at the I- 880/Whipple Road / Industrial Parkway Southwest Interchange (Whipple Road Interchange) and the I- 880 /Industrial Parkway West (Industrial Parkway Interchange). The project utilizes Measure BB funding through Alameda CTC’s Transportation Expenditure Plan. The preliminary project cost estimates range from $200 million to $240 million.

Staff is requesting that Council receive a presentation prepared by the project’s architect and provide comments and feedback on the aesthetic of certain elements of the project design.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
powered by Legistar™

DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: I-880/Whipple Road Industrial Parkway Interchange Improvement Project Work Session: Review and Discuss Aesthetic Features

RECOMMENDATION
That the Council reviews and provides feedback on aesthetic features for the I-880/Whipple Road – Industrial Parkway Interchange Improvement Project.

SUMMARY
The City is in partnership with the Alameda CTC, the implementing agency, and the California Department of Transportation (Caltrans) to provide interchange improvements at the Whipple Road and Industrial Parkway interchanges along the I-880 corridor. The project proposes improvements at the I-880/Whipple Road / Industrial Parkway Southwest Interchange (Whipple Road Interchange) and the I-880 /Industrial Parkway West (Industrial Parkway Interchange). The project utilizes Measure BB funding through Alameda CTC’s Transportation Expenditure Plan. The preliminary project cost estimates range from $200 million to $240 million.

Staff is requesting that Council receive a presentation prepared by the project’s architect and provide comments and feedback on the aesthetic of certain elements of the project design.

BACKGROUND
Previously the Council recommended approval of the preferred alternatives for the project during the Project Approval / Environmental Document (PA&ED) Phase in 2021. PA&ED was completed in summer of 2022. Design work has been moving forward, with construction planned to start in Spring 2025 and substantial project construction completion by Spring 2028.

DISCUSSION
During the design phase, Caltrans and the Federal Highway Administration (FHWA) mandate that a qualitative/aesthetic approach be taken to provide aesthetic enhancement of project

features in order to address the loss of visual quality in the project area. The aesthetic enhancement of project features, including the bridge railing, retaining wall, lighting, and landscape design, amongst other design features fulfills the letter and the spirit of FHWA requirements because it addresses the actual cumulative loss of visual quality due to a project. The inclusion of aesthetic features in the project was a consistent comment received from both the public during the environmental document public comment period and from the input received from the Council. The workshop presentation is intended to allow the design team to present a range of aesthetic themes and features for the project to the Council and public. The project team seeks feedback from the Council and public on the presented aesthetic design elements to be constructed as part of the project. This feedback along with the input and concurrence of the Caltrans District Landscape Architect will enable the project to be designed in a manner that is reflective of both community and Caltrans desires.

ECONOMIC IMPACT

The Project would improve access and reduce congestion-related delays both on I-880 and local streets as well as address on-going concerns related to access to the local network. By improving access and reducing delay, the Project is expected to have positive impacts on local businesses and retail areas.

FISCAL IMPACT

The project is currently not expected to have a fiscal impact on the City. The project utilizes Measure BB funding through ACTC’s Transportation Expenditure Plan.

Preliminary cost estimates range from $200 million to $240 million.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following projects(s):

Project N1: Continue to implement major corridor traffic calming initiatives

Project N6: Continue to add approximate 10 miles of bike lanes annually, with focus on protected bike lanes and intersections that have high traffic/incidents

PUBLIC CONTACT

Given Council’s desire to fully engage with the community on such key projects, Alameda CTC and the City collaborated in a series of public outreach/community engagement activities. Those meetings included the following endeavors:

 Sep 26, 2018: Bike/Ped; Eden Bicycles, 3318 Village Drive, Castro Valley, CA 94546  Sep 27, 2018: Local Agencies; City of Hayward Economic Development, Large Conference Room, 777 B Street, Hayward, CA 94541
 October 11, 2018: Local, Businesses, Auto Auction and Trucking Industry;

Manheim San Francisco Bay, 29900 Auction Way, Hayward, CA 94544  October 17, 2018: TRANSIT AND PARATRANSIT; Union City Transit, 34009 Alvarado-Niles Road, Union City, CA 94587
 September 20, 2018: POP-UP EVENT #1; Treeview Elementary School Back to School Night, Hayward, CA 94544
 September 27, 2018: POP-UP EVENT #2; Union City Farmers’ Market, Union City 94587
 February 18, 2021; EIR virtual public meeting
 May 25, 2021: Hayward City Council - Select Preferred Alternative to Present to Alameda County Transportation Commission

NEXT STEPS

The Project Development Team will incorporate the preferred aesthetic features in the design of the project. Construction is scheduled to start in Spring 2025 and substantial project construction completion is expected by Spring 2028.

Prepared by: Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________
Kelly McAdoo, City Manager

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-036
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Russell City Energy Center: Adopt a Resolution Approving the Expenditure Plan for the Calpine Clean Energy Fund

RECOMMENDATION
That Council reviews and comments on this report and adopts a resolution (Attachment II) approving an expenditure plan for the utilization of clean energy funding from Calpine.

SUMMARY
The Russell City Energy Center (RCEC) is a 600-megawatt powerplant located in Hayward’s industrial area. The plant is owned and operated by the Calpine Corporation and began commercial operations in 2013. As Council is aware, on May 27, 2021, RCEC experienced a mechanical failure of the steam turbine generator that resulted in an explosion and fire. The steam turbine generator experienced extensive damage and debris from the explosion flew from the site to surrounding areas, including the City’s Water Pollution Control Facility (WPCF) and the City’s Homeless Navigation Center.

The City has entered into a Coordination, Resiliency, and Action Agreement with Calpine. The intent of the Agreement is to document improvements made in the working relationship between the City and Calpine as well as create a mechanism for donations to the Fire Department for the purchase of a hazardous materials response vehicle, to the Russell City Reparative Justice Project (RCRJP), and to the City to fund clean energy efficiency projects in the City. Energy related projects are intended to support grid resiliency and may include microgrids, solar energy, and/or battery storage installations. Staff is seeking Council comments and direction regarding a potential program that would carry out the clean energy funding portion of the Agreement.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/7/2023Page 1 of 1
powered by Legistar™

DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving the Expenditure Plan for the Calpine Clean Energy Fund

RECOMMENDATION
That Council reviews and comments on this report and adopts a resolution (Attachment II) approving an expenditure plan for the utilization of clean energy funding from Calpine.

SUMMARY
The Russell City Energy Center (RCEC) is a 600-megawatt powerplant located in Hayward’s industrial area. The plant is owned and operated by the Calpine Corporation and began commercial operations in 2013. As Council is aware, on May 27, 2021, RCEC experienced a mechanical failure of the steam turbine generator that resulted in an explosion and fire.

The steam turbine generator experienced extensive damage and debris from the explosion flew from the site to surrounding areas, including the City’s Water Pollution Control Facility (WPCF) and the City’s Homeless Navigation Center.

The City has entered into a Coordination, Resiliency, and Action Agreement with Calpine.

The intent of the Agreement is to document improvements made in the working relationship between the City and Calpine as well as create a mechanism for donations to the Fire Department for the purchase of a hazardous materials response vehicle, to the Russell City Reparative Justice Project (RCRJP), and to the City to fund clean energy efficiency projects in the City. Energy related projects are intended to support grid resiliency and may include microgrids, solar energy, and/or battery storage installations.

Staff is seeking Council’s approval of a program that would carry out the clean energy funding portion of the Agreement.

BACKGROUND
On February 7, 20231, Council approved the original Coordination, Resiliency, and Action Agreement that was the result of more than two years of investigations, meetings, and collaboration between the California Energy Commission (CEC), California Public Utilities Commission (CPUC), Calpine Corporation staff, and City staff. The intent of the Agreement is to document improvements made in the working relationship between the City and Calpine as well as create a mechanism for donations to the Fire Department for the purchase of a hazardous materials response vehicle ($150,000) and to the RCRJP ($20,000). Calpine has made these initial contributions to the City.

Following additional settlement negotiations between Calpine and the CEC, Calpine agreed to contribute an additional $1,250,000 to the City for clean energy efficiency projects in the City to support grid resiliency, including microgrids, solar energy, and/or battery storage installations. On May 16, 20232, Council adopted a resolution authorizing the City Manager to execute an amended Agreement to accept and appropriate the additional contribution.

DISCUSSION
Staff is seeking Council approval of a proposed expenditure plan for the funds designated for clean energy projects. Staff is proposing that part of this contribution be used to pay for costs of installation of renewable energy at the Fire Station 6 (FS6) and Regional Fire Training Center (FTC), which is located on West Winton Avenue, west of Hesperian Boulevard and in relative proximity to RCEC. FS6 and FTC has 189 kilowatts of solar photovoltaic panels installed on three buildings and a 250-kWh battery for resiliency. The solar is expected to generate enough electricity to make the facility a zero net energy project. Staff proposes to use $922,000 of the clean energy fund to cover the cost of the installation of solar and battery for this project. The remaining $328,000 is proposed to be used for residential energy efficiency and clean energy in the vicinity of RCEC.

Staff proposes to focus the clean energy projects in the census tracts that are nearest RCEC, shown in Figures 1-3, and to implement the projects in low-income homes. As shown in Table 1, staff estimates the three census tracts have approximately 1,600 households that may be enrolled in PG&E’s low-income discount program (CARE)3.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6016050&GUID=5C9CD27C-59A7-4434-B2B9- EADEE40A9627&Options=ID|Text|&Search=russell+city
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6204883&GUID=A0C1059A-2A8B-4A26-A3B4- C303CD997776&Options=ID|Text|&Search=russell+city
3 CARE is the California Alternate Rates for Energy Program.

Figure 1.

Census Tract 4371.01
Figure 2.

Census Tract 4372.00
Figure 3.

Census Tract 4371.02

Table 1. Demographics of Selected Census Tracts
Census Tract
4371.01
Census Tract
4372.00
Census Tract
4371.02 Totals
Population 7,867 7,489 4,521 19,877
Estimated Households 2,538 2,416 1,458 6,412
Estimated Low-
Income Households 634 604 365 1,603

Staff proposes to offer households in this area electric heat pump water heaters (HPWH) to help shift the community away from the use of fossil fuels. HPWH can be scheduled to operate primarily during non-peak periods of electricity use, which helps to ease demands on the grid during the peak period of 4 p.m. to 9 p.m. Also, new rules adopted by the Bay Area Air Quality Management District (BAAQMD) in March 2023, will require that only water heaters with zero nitrogen oxide emissions can be sold or installed in the Bay Area starting in 2027. At this time, only HPWH meet this strict emissions requirement. Installing a HPWH before failure of a gas water heater can be easier and cheaper than an emergency replacement. According to the BAAQMD, HPWH are typically cheaper to operate than gas water heaters4. The proposed program would take advantage of the significant incentives

4 https://www.baaqmd.gov/~/media/dotgov/files/rules/reg-9-rule-4-nitrogen-oxides-from-fan-type-residential-central-furnaces/2021- amendments/documents/20230522_faq_appliance-rules_final-pdf.pdf?la=en

currently available from East Bay Community Energy and the Bay Area Regional Energy Network (BayREN)5.

Staff estimates that approximately 90 homes6 could be retrofitted with a HPWH with the clean energy fund. Staff recommends that the program be focused on low-income customers enrolled in PG&E’s CARE program. Upon Council’s approval of this proposed program, staff will issue a request for proposals to find a firm to design the program and install the water heaters. Staff would work with the selected firm to determine an appropriate cost share for the property owner that maximizes homes served while making the proposition attractive to the owner.

Staff has considered but is not recommending other potential programs for the clean energy fund. One alternative would be to install solar on homes within the selected census tracts. Staff estimates that approximately 20 to 30 homes could have solar installed with the allocated budget7. Staff is not recommending this program due to the small number of households that would benefit.

Another alternative would be to upgrade low-income customers from EBCE’s cheaper and dirtier Bright Choice product to Renewable 100 (100% renewable energy). For the roughly 1,600 low-income households in the three census tracts, staff estimates the fund could pay the premium for Renewable 100 for about two years. Staff is not recommending this program due to the complexities of billing arrangements and the fact that the change in energy product would be temporary.

ECONOMIC IMPACT
The clean energy fund would benefit residents who live in the area of RCEC by providing them with cleaner, more affordable means of water heating. Furthermore, the households receiving new water heaters would benefit from postponing the costs associated with installing a new water heater when their current water heater fails. In addition, the request for proposals would encourage responding firms to employ local plumbers and electricians and to pay prevailing wages.

FISCAL IMPACT
The proposed water heater replacement program will be funded entirely by funds from Calpine for clean energy and energy efficiency projects and will have no negative impact on the General Fund or other City funds.

5 https://ebce.org/hotwater/
6 Estimate assumes an average installed cost of $4,000 and an owner contribution of $500. Some homes may include installation of a dedicated 240-volt circuit.
7 Estimate assumes an average cost of $28,000 per home and an owner contribution of $14,000.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority to Confront Climate Crisis & Champion Environmental Justice. This item does not relate to a specific project but does address the overall goal to Reduce Greenhouse Gases and Dependency on Fossil Fuels.

SUSTAINABILITY FEATURES

Replacement of natural gas water heaters with electric heat pump water heaters would reduce GHG emissions. Hayward’s most recent inventory of community wide GHG emissions shows that approximately 15% of emissions are from natural gas combustion in homes. Water heaters and furnaces typically account for 91% of residential natural gas use8. Reducing natural gas consumption will help the City reach its goal of reducing emissions 55% below 2005 levels by 2030.

PUBLIC CONTACT

Staff intends to conduct outreach to target customers while designing program details to ensure the water heaters are well received. Once the program is ready to launch, staff will contact eligible households directly by mail.

NEXT STEPS
Upon Council’s approval of the program, staff will prepare and issue a request for proposals (RFP). Staff will return to Council to seek authorization for an agreement with the selected firm.

Prepared by: Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________________
Kelly McAdoo, City Manager

8 See page 11 at https://www.energy.ca.gov/sites/default/files/2021-08/CEC-200-2021-005-PO.pdf

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 23-
Introduced by Council Member

RESOLUTION APPROVING THE EXPENDITURE PLAN FOR THE CALPINE

CLEAN ENERGY FUND
WHEREAS, the Russell City Energy Center (RCEC) is a 600 megawatt combined-cycle electric generating facility owned by the Calpine Corporation and located in Hayward, California (the “Plant”); and
WHEREAS, the Plant commenced operations in August 2013 and, at all relevant times, has been duly licensed by the California Energy Commission (CEC); and WHEREAS, on May 27, 2021, the Plant experienced a mechanical failure of the steam turbine generator (the “Event”). The Event rendered the Plant temporarily inoperable in its designed configuration and damaged the nearby Hayward Housing Navigation Center; and WHEREAS, immediately following the incident, RCEC engaged an independent third party to conduct a root cause analysis (RCA) to identify the cause of the Event. In addition, the California Energy Commission (CEC) and California Public Utilities Commission ( CPUC) commissioned a gap analysis of the RCA; and
WHEREAS, the CEC found it was appropriate for the CEC to “exercise enhanced scrutiny over the facility” in light of the May 27, 2021 incident and that “it is reasonable for the public to have access to safety audits conducted pertaining to the operation of the facility, including the circumstances that gave rise to the petition.” Additionally, the CEC directed the project owner to meet with CEC staff and the Hayward City Fire Department within 30 days of the order “to discuss any needed modifications of [RCEC’s] standard operating procedures for first responders to implement when responding to incidents on site, including establishing a process for reimbursement of reasonable expenses”; and WHEREAS, the Plant has made repairs, taken corrective actions required by the CEC and the CPUC, and has returned to combined-cycle operations; and WHEREAS, RCEC takes the concerns of the City and its relationship with the community very seriously and has committed to ens uring improved communication with the City going forward; and
WHEREAS, meetings between CEC staff, the City staff and Calpine/RCEC staff resulted in the development of the Coordination, Resiliency, and Action Agreement, which will help to ensure that the City and RCEC work in close coordination with each other moving forward; and

ATTACHMENT II

WHEREAS, the original Coordination, Resiliency, and Action Agreement was approved by Council on February 7, 2023, executed by Calpine and the City Manager, and funds were received for a hazardous materials response vehicle ($150,000) and the Russell City Reparative Justice Project (RCRJP) ($20,000); and
WHEREAS, pursuant to a settlement agreement pending with the CEC, Calpine agreed to donate additional funds to the City in the amount of $1,250,000 for clean energy efficiency projects in the City to support grid resiliency, including microgrids solar energy and/or battery storage installations; and
WHEREAS, on May 16, 2023, Council adopted a resolution approving an amended Agreement to accept and appropriate the additional funds (the “Clean Energy Fund”); and WHEREAS, in June 2020, Council adopted goals to reduce greenhouse gas ( GHG) emissions by 30% below 2005 baseline levels by 202 5, 55% by 2030, and to work with the community to develop a plan that may result in the reduction of community based GHG emissions to achieve carbon neutrality by 2045; and

WHEREAS, scientific evidence has established that natural gas combustion, procurement and transportation produce significant GHG emissions that contribute to global warming and climate change; and

WHEREAS, some City of Hayward residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbat ed by the combustion of natural gas.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves the following expenditure plan and authorizes the City Manager to implement it:
 The Clean Energy Fund will be focused on the three census tracts (4371.01, 4372.00 and 4371.02) that are nearest RCEC; and

 $922,000 of the Clean Energy Fund will be used to pay for the solar and battery installation at the Fire Station 6 and Fire Training Center, which is located in census tract 4371.01; and

 $328,000 of the Clean Energy Fund will be used to replace existing natural gas water heaters with electric heat pump water heaters in select homes located in the three census tracts.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA , 2023.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: _____ City Clerk of the City of Hayward

APPROVED AS TO FORM:

______
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 23-037
DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Lease Obligation Refinancing: Adopt Resolutions of the City Council and the Hayward Public Financing Authority Regarding Amended Savings Requirements Related to the Refinancing of Prior Lease Payment Obligations, Approval of the Preliminary Official Statement and Bond Purchase Contract for Refunding Certificates of Participation

RECOMMENDATION
That the Hayward City Council and the Board of Directors of the Hayward Public Financing Authority (the “City”) each adopt a resolution (Attachments II and III) approving amended savings requirements for the proposed refunding of outstanding general fund lease payment obligations and approving the attached preliminary official statement (“POS”) and purchase agreement for the 2023 Refunding Certificates of Participation (“2023 Refunding COPs). The POS serves as the offering document to investors and provides details about the terms of the 2023 Refunding COPs, the City’s financial condition, how the funds will be used, potential risks, and other relevant information. The POS helps potential investors make informed decisions about investing in the bonds.

SUMMARY
Under current market conditions, the City’s municipal advisor (NHA Advisors) and underwriter (BofA Securities, Inc.) estimate net present value savings from a potential refunding of the 2015 Certificates of Participation (“2015 COPs”) to be approximately $1.7 million and the aggregate cash flow savings is estimated to be in excess of $10 million. Under current market conditions, it is estimated that a potential refunding of the 2014 Lease Agreement would result in a slight net present value loss. However, staff and NHA Advisors continue to discuss the benefits of refunding the 2014 Lease Agreement and believe it may be in the best interests of the City to refund the 2014 Lease Agreement to unencumber the leased asset even if there are no net present value savings.

CITY OF HAYWARD Printed on 9/7/2023Page 1 of 2
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File #:LB 23-037

ATTACHMENTS
Attachment I Staff Report
Attachment II Hayward Refunding Council POS Resolution
Attachment III Hayward Refunding Authority POS Resolution Attachment IV Draft Agenda POS
Attachment V Draft Purchase Agreement
CITY OF HAYWARD Printed on 9/7/2023Page 2 of 2
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DATE: September 12, 2023
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT: Lease Obligation Refinancing: Adopt Resolutions of the City Council and the Hayward Public Financing Authority Regarding Amended Savings Requirements Related to the Refinancing of Prior Lease Payment Obligations, Approval of the Preliminary Official Statement and Bond Purchase Contract for Refunding Certificates of Participation

RECOMMENDATION
That the Hayward City Council and the Board of Directors of the Hayward Public Financing Authority (the “City”) each adopt a resolution (Attachments II and III) approving amended savings requirements for the proposed refunding of outstanding general fund lease payment obligations and approving the attached preliminary official statement (“POS”) and purchase agreement for the 2023 Refunding Certificates of Participation (“2023 Refunding COPs). The POS serves as the offering document to investors and provides details about the terms of the 2023 Refunding COPs, the City’s financial condition, how the funds will be used, potential risks, and other relevant information. The POS helps potential investors make informed decisions about investing in the bonds.

SUMMARY
Under current market conditions, the City’s municipal advisor (NHA Advisors) and underwriter (BofA Securities, Inc.) estimate net present value savings from a potential refunding of the 2015 Certificates of Participation (“2015 COPs”) to be approximately $1.7 million and the aggregate cash flow savings is estimated to be in excess of $10 million. Under current market conditions, it is estimated that a potential refunding of the 2014 Lease Agreement would result in a slight net present value loss. However, staff and NHA Advisors continue to discuss the benefits of refunding the 2014 Lease Agreement and believe it may be in the best interests of the City to refund the 2014 Lease Agreement to unencumber the leased asset even if there are no net present value savings.

BACKGROUND
In August 2014, the City entered into a Lease Agreement dated as of August 1, 2014 (the “2014 Lease Agreement”), with the Public Property Financing Corporation of California (the “Corporation”), for the purpose of financing a new Fire Station No. 7 and a Firehouse Health Clinic to be located at the same site as Fire Station No. 7, under which the City agreed to pay

semiannual lease payments (the “2014 Lease Payments”) to the Corporation. The Corporation assigned its right to receive the 2014 Lease Payments to Umpqua Bank (“Umpqua Bank”). The City may prepay the 2014 Lease Payments on any date, without a prepayment premium. As of September 1, 2023, the 2014 Lease Agreement has an outstanding principal balance of $2,482,104.

In October 2015, the Authority and the City entered into a Lease Agreement, dated as of August 1, 2015 (the "2015 Lease Agreement"), for the purpose of financing acquisition and construction of a number of capital improvements, including, but not limited to, (i) a new library and community learning center, (ii) improvements to existing fire stations and (iii) complete street rehabilitation and slurry seal repairs (collectively, the “2015 Project”), under which the City agreed to pay semiannual lease payments (the “2015 Lease Payments”) to the Authority. The Authority assigned its rights to receive the 2015 Lease Payments to The Bank of New York Mellon Trust Company, N.A. (the “2015 Trustee”), and the 2015 Trustee executed and delivered the $67,535,000 City of Hayward 2015 Certificates of Participation (“2015 COPs”). The 2015 COPs can be prepaid on November 1, 2023, and any date thereafter, without premium. As of September 1, 2023, the 2015 COPs has an outstanding principal balance of $52,245,000.

At its June 20, 20231 meeting, the City authorized delivery and sale of the 2023 Refunding COPs to refinance the City’s 2015 COPs and 2014 Lease Agreement as long as the refinancing resulted in (1) an aggregate minimum net present value savings to the City of at least 3% of the principal component of the 2014 Lease Payments and the 2015 Lease Payments and (2) positive net present value savings for each of the 2014 Lease Payments and the 2015 Lease Payments (when calculated separately), as such savings shall be verified and conclusively determined by the City’s municipal advisor (the “Savings Requirements”).

DISCUSSION

Under current market conditions, the City’s municipal advisor (NHA Advisors) and underwriter (BofA Securities, Inc.) estimate net present value savings from a potential refunding of the 2015 COPs to be approximately $1.7 million and the aggregate cash flow savings is estimated to be in excess of $10 million. It is anticipated that the refinancing will not require a debt service reserve fund. As a result, a refunding of the 2015 COPs will also allow for the release of the debt service reserve fund for the 2015 COPs, which has a balance of approximately $5.9 million and that may be used to contribute to the refunding and, as a result, reduce the principal amount of the 2023 Refunding COPs.

Under current market conditions, it is estimated that a potential refunding of the 2014 Lease Agreement would result in a slight net present value loss. For the reason that staff believes that there are economies of scale to combining the refunding of the 2014 Lease Agreement with the refunding of the 2015 COPs and public benefit from unencumbering the asset leased under the 2014 Lease Agreement (Police Station, located at 300 West Winton Avenue), staff recommends that the City Council and the Board of Directors amend the Savings Requirements to give the Finance Director the authority to authorize the refinancing of the 2014 Lease Agreement as long as the Finance Director determines that it would be in the best interests of the City.

1 June 20, 2023 City Council (https://hayward.legistar.com)

The attached POS has been reviewed and approved for transmittal to the City Council and the Board of Directors by City staff and its financing team. The distribution of the POS is subject to federal securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws require the POS to include all facts that would be material to an investor in the 2023 Refunding COPs. Material information is information that there is a substantial likelihood would have actual significance in the deliberations of the reasonable investor when deciding whether to buy or sell the 2023 Refunding COPs. If the City Council and Board of Directors conclude that the POS includes all facts that would be material to an investor in the 2023 Refunding COPs, they will authorize a member of staff to execute a certificate to the effect that the POS has been “deemed final.”

The Securities and Exchange Commission (the “SEC”), the agency with regulatory authority over compliance with the federal securities laws, has issued guidance as to the duties of the City Council and the Board of Directors with respect to their approval of the POS. In its “Report of Investigation in the Matter of County of Orange, California as it Relates to the Conduct of the Members of the Board of Supervisors” (Release No. 36761 / January 24, 1996) (the “Release”), the SEC stated that, if a member of the an issuer’s legislative body has knowledge of any facts or circumstances that an investor would want to know about prior to investing in a proposed securities issuance such as the 2023 Refunding COPs, whether relating to their repayment, tax-exempt status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such facts are adequately disclosed in the preliminary official statement. In the Release, the SEC stated that the steps that a member of the issuer’s legislative body could take include becoming familiar with the preliminary official statement and questioning staff and consultants about the disclosure of such facts.

The 2023 Refunding COPs represent lease payments made by the City from its General Fund.

As such, information about the City’s General Fund is the focus of the POS, and the key provisions include the following:

 Appendix B (“CITY OF HAYWARD GENERAL FINANCIAL AND DEMOGRAPHIC INFORMATION”), which includes information about the City’s general fund budget (including the adopted fiscal year 2023-24 budget), historical general fund revenues and expenditures, reserve policies, pension and other retirement benefits (including their actuarial funded status);

 Appendix C, which contains the City’s Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022;

 The section entitled “CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS,” which describes constitutional and statutory limitations on the receipt of revenues and the expenditures of funds; and

 The section entitled “RISK FACTORS,” which highlights various risk factors related to the City’s general fund.

STRATEGIC ROADMAP

This agenda item does not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

FISCAL IMPACT
The net present value savings from refunding the 2015 COPs is projected to be approximately $1.7 million and the aggregate cash flows savings is estimated to be in excess of $10 million.

While refunding the 2014 Lease Agreement might result in a slight net present value loss, staff recommends that the City Council and the Board of Directors authorize the refunding of the 2014 Lease Agreement if the Finance Director and City Manager determine it is in the City’s best interests.

PUBLIC CONTACT
The agenda for this item was posted in compliance with the California Brown Act.

NEXT STEPS

Staff anticipates that a public offering of the 2023 Refunding COPs will offer the most cost- effective financing outcome for the City. Pending City Council approval of the POS at this meeting, staff will work with the financing team to finalize the POS and access the capital markets.

Prepared and Recommended by: Nicole Gonzales, Director of Finance

Approved by:

____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II