Development Services Department
Bi-Annual Progress Report
November 2023
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
Permit Activity Increases for Planning, Building and Fire Commercial and Industrial construction has had a strong recovery from the COVID – 19 pandemic with a strong residential market the first half of the 2023 calendar year. Both permit applications and permits issued have shown a strong recovery. The interest rate hikes have impacted the residential market and permits issued post May have slowed compared to the previous year. Low -income housing projects have shown stronger permit application numbers as well as permits issued. Residential and commercial solar permits have been steadily growing as well. We are still seeing a strong ADU and JADU permit application issuance this year. The City of Hayward has issued 74 Accessory Dwelling Units (ADUs), and JADUs up through the end of October 2023.
Range Permit Applied For Permits Issued
1/1/2021-12/31/2021 6,168 5,846
1/1/2022-12/31/2022 5,448 4,874
1/1/2023 - 10/31/2023 4,740 4,203
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
Development Services Process Improvements
Energov and E-Permits Portal Launch
On December 5, 2022, the City of Hayward officially launched a new permitting program called Energov. Energov is used to process Planning, Building, Public Works, and Fire applications as well as Code Enforcement cases. A pplicants are now able to submit applications, track progress of their applications, request inspections, and pay invoices
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
online through the City’s E -Permits Portal. To assist applicants and customers in learning how to use the new E -Permits Portal, a comprehensive Help Center has been set up with video tutorials and how -to guides. For more questions about Energov or the E -Permits Portal, contact Elizabeth Blanton, Senior Planner, at [email protected].
Development Services Program Updates
Mural Art Program
In September, the City released an Artist All Call for two murals that will be completed on the outside of the Matt Jimenez Gymnasium as part of the Stack Center Phase I construction.
The first mural will be roughly 575 square feet and will depict community members thriving through a diverse range of multi-cultural recreational opportunities. The second mural will be roughly 1,220 square feet and will depict food heritages from around the world. The City received 23 proposals and is currently evaluating them with the stakeholder committee.
Aside from the All Call for the Stack Center, the Mural Art Program is currently paused due to lack of staff capacity. In the coming quarter, staff will be conducting an analysis of the Mural Art Program along with public art in general to determine how to most effectively meet Council’s goals. Staff will present their analysis to Council in early 2024.
Since the last Biannual Progress Report in February 2023, administration of the Mural Art Program has transferred from Development Services Department to the City Manager’s Office. Q uestions about the Mural Art Program can now be directed to Mary Thomas , Assistant to the City Manager, at 510-583-4227 or via email: [email protected]
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
Planning Division Updates
November 2023
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
Planning Division, Current Planning
New 30-Unit Mixed-Use Development Proposed at Corner of B Street and Main Street In November 2022, the Planning Division received an application for Major Site Plan Review and a Density Bonus to construct a six -story, 30-unit mixed-use development with ground floor commercial space and parking garage with an automated car -stacking system on a vacant lot at the northwest corner of the intersection of B Street and Main Street. The prior commercial building on the site was destroyed by a fire in 2019. Included among the 30 residential units will be three affordable units restricted to very low -income households.
Staff anticipates the project will be ready for Planning Commission consideration in early 2024. For more information, please contact Steve Kowalski, Associate Planner, at [email protected].
B and Main Street Project Rendering
New Townhomes Proposed at 22872 Main Street
In May 2023, the City received a Tentative Tract Map and Site Plan Review application from Murthy Ayyaari for the demolition of an existing commercial structure on a 0.37 -acre site and the construction of 1 2 three-story townhomes. The project is currently under review and staff anticipates the application will be complete in the coming months. For more information, please contact Taylor Richard , Associate Planner , at taylor.richard@hayward- ca.gov.
22872 Main Street Project Rendering
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
CCH Hayward @ 603 A Street Project Update
In June 2022, the city ministerially approved a Senate Bill (SB) 35 application submitted by non-profit affordable housing developer Christian Church Homes (CCH) to redevelop a 0.51- acre site located at 603 A Street into a 5-story, 80-unit, 100 percent affordable senior housing development. The project includes 79 one -bedroom units , age-restricted for seniors , one two-bedroom unit that w ill be occupied by an on- site property manager , and a 23- space parking garage. O n-site amenities will include a community room, ground -level courtyard and second-floor rooftop terrace, bicycle storage room and shared laundry facilities. CCH is anticipating breaking ground on the project in Fall 2023 and expects to have it completed by April 2025, with leasing to be completed by October 2025. For more information, please contact Steve Kowalski, Associate Planner, at [email protected].
CCH Hayward A Street Project Rendering (A Street/Grand Street Elevation)
Mirco Home Village @ 27287 Patrick Avenue – SB35 Application In April 2023, the Planning Director ministerially approved a Senate Bill 35 and Density Bonus application for a tiny home village with 10 rental supportive housing units , deed restricted for very low- income households at 27287 Patrick Avenue. Each studio will accommodate one to two individuals per unit and contain approx. 252 sq feet each. South Hayward Parish, located on the project site, will provide supportive services including case management, job counseling and training classes for the residents. Prior to submitting their application, the applicant conducted outreach and held a community meeting, where several community member s have expressed concern about the project . For more information, please contact Taylor Richard, Associate Planner, at [email protected].
27287 Patrick Avenue Project Rendering (Roosevelt Avenue Elevation)
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
New Townhomes Proposed at 22810 Atherton Street
In November 2020, the Planning Division received a Tentative Tract Map and Site Plan Review application from Chacon Architecture on behalf of Jim Zomorrodi for the construction of 14 three -story townhomes on a vacant 0.47 -acre site. The project was deemed complete in September 2023, and it is tentatively scheduled to be reconsidered by the Planning Commission in December 2023 following a continuance. For more information, please contact Leigha Schmidt, Principal Planner, at [email protected].
22810 Atherton Street Project Rendering
New Single-Family Subdivision Proposed at 24764 & 24656 Mohr Drive In January 2023, the Planning Division received a Tentative Tract Map and Planned Development Rezoning from Nuvera Homes (Eden Village III) for the construction of 12 two- story single-family homes with eight Junior Accessory Dwelling Units (JADU) on a 1.45-acre site composed of two separate, adjacent parcels, with frontage along Mohr Drive. A decision hearing with the Planning Commission was held on October 12th. At that hearing, no decision was made, and the item was continued to early December 2023. For more information, please contact Taylor Richard, Associate Planner, at [email protected] .
24764 and 24656 Mohr Drive Project Rendering
New Condominium Development @ 477 Harris Road
In February 2020, the Planning Division received a Zoning Change, Tentative Parcel Map and Site Plan Review application from Michael Ryan Architect & Design on behalf of David Cai & Daphne Jun to rezone a 0.21-acre parcel from RS, Single-Family Residential to RM, Medium- Density Residential to develop three (3) townhome- style condos with related site improvements. As of October 2023, the application is still incomplete following four rounds
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
of review. The applicant is waiting for the Residential Design Guidelines to be adopted by City later this year and will assess if the adopted standards would make this project feasible and subject to a Zone Change. For more information, please contact Taylor Richard, Associate Planner, at [email protected].
Proposed Harris Road Project Rendering
New Townhomes Approved at 1434 Grove Way
On September 28, 2023, the Planning Commission approved a Site Plan Review and Tentative Tract Map application to subdivide an existing 0.35-acre site into eight lots and to construct five (5) townhomes with common open space and related frontage improvements at 1434 Grove Way. The project application was initially filed in 2019 and remained incomplete until 2 023. For more information, please contact Rozalynne Thompson, Senior Planner, at [email protected].
1434 Grove Way Project Rendering
New 10-Unit, 100% Affordable Townhouse Subdivision Approved at 123 A Street On September 28, 2023, the Planning Commission approved a Site Plan Review and Vesting Tentative Tract Map application from Habitat for Humanity East Bay/Silicon Valley (Habitat) to subdivide an existing 0.74 -acre site into 12 lots and construct 10 new townhomes with common open space and related site improvements and amenities at 123 A Street . All ten townhomes will be deed restricted in perpetuity for sale to first- time homebuyers whose households qualify as low -income, or those earning at- or-below 80% of the area median income (AMI). Habitat has already submitted a building permit application for the project and will be submitting the Final Map and Grading Permit applications soon . For more info, please contact Steve Kowalski, Associate Planner, at [email protected].
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
New 14-Unit Multi-family Project Proposed on Russell Way In November 2022, the Planning Division received an application f or Site Plan Review and Density Bonus to construct a three- story, 14- unit multi- family residential structure with ground floor parking on a vacant .12-acre parcel on Russell Way. The project was approved by staff in November 2023 and staff is waiting on building permit submittal. For more info, contact Rozalynne Thompson, Senior Planner, at [email protected].
Russell Way Project Rendering
New 64-Unit Multi-family Project Proposed at 1190 Russell Way In March 2023, the Planning Division received an application for Site Plan Review and Density Bonus to construct a five -story, 64-unit multi- family residential structure with ground floor and subterranean parking on a vacant .54-acre parcel at 1190 Russell Way. The application was deemed incomplete in April 2023 and staff is awaiting resubmittal from the applicant to address comments in the status letter . For more info, contact Rozalynne Thompson, Senior Planner, at [email protected].
1190 Russell Way Project Rendering
La Playa Commons Under Construction (Former Burlington Coat Factory Site) In November 2021, the City Council approved a General Plan Amendment (GPA), Planned Development District Rezoning and Vesting Tentative Tract Map from DR Horton for t he former Burlington Coat Factory site (1000 La Playa Drive). The project includes 47 single- family residential lots on 5.4acres, with two-story homes ranging in size from 1,550 to 2,020
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
square feet and having two-car garages, a 0.3-acre private open space with picnic area, and a loop -shaped private street connecting to La Playa Drive. In exchange for the G PA and Rezoning, DR Horton agreed to exceed the minimum requirements of the Affordable Housing Ordinance by providing 5 affordable units within the development, three affordable to moderate income households and two affordable to low-income households. Construction of the subdivision is well under way; site grading is already completed, u tilities have been installed, and the developer plans to pave the new streets prior to the rainy season. Building foundations have also already been poured. For more information, please contact Steve Kowalski, Associate Planner, at [email protected].
La Playa Commons Renderings
238 Parcel Group Development Updates
In 2016, the City entered into a Purchase and Sale Agreement (Agreement) with Caltrans to manage the disposition and development of the remaining Caltrans -owned property. This would ensure thoughtful planning and assemblage for the development of the parcel groups rather than the auctioning off individual parcels. The Agreement divides the properties into 10 parcel groups, which must be disposed of by 2026. To date, f ive parcel groups have sold (1, 2, 3, 7 &10) and two are in exclusive negotiations (5, and 8).
• Parcel Group 1&10 : Development by William Lyon Homes currently under construction involving 472 residential units and 20,000 square feet of commercial space and connected open space/park areas. This development is nearly complete.
Rendering of SoHay – Parcel Group 1
• Parcel Group 2 : Development by the TrueLife Companies involving development of 189 Condominium and Townhome Units, and approximately 10,800 Square Feet of
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
Ground Floor Commercial Space and a variety of open spaces . The development is currently under construction.
Rendering of TrueLife Project at Parcel Group 2
• Parcel Group 3 : Development by Eden Housing and The Pacific Companies of 176 affordable housing units, including two manager units, and an approximately 36,000 square foot educational building. In November 2022, the City approved an amendment to the DDA for the project and site grading is underway.
Rendering of Parcel Group 3 Project
• Parcel Group 4: Currently part of the ENRA with Eden Housing, but no plans identified yet for this parcel group.
• Parcel Group 5 : On April 19, 2022, the Council approved the Disposition and Development Agreement, Zone Change, Tentative Map to develop th e site with 74 single family homes and 18 deed restricted ADUs. The applicant, Trumark Properties, is working to obtain an extension to their DDA and has been collaborating with staff on some minor site and architectural revisions prior to building permit submittal.
Project Rendering – Parcel Group 5 Single-Family Homes
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
• Parcel Group 6: The City’s ENRA with Integral Communities has expired. There are currently no active entitlement applications to develop this 29-acre site. • Parcel Group 8: On May 24, 2022, the City approved a Senate Bill (SB) 35 application for ministerial planning review to construct 96 supportive housing units for very low- and low -income households and approximately 3,800 square feet of ground floor commercial space on the southeastern corner of Grove Way and Foothill Boulevard.
The applicant, RCD, will also rehabilitate and manage the Bridge Court apartment complex which is located in Alameda County. On June 28, 2022, the City approved a Disposition and Development and Loan Agreement between the City and RCD for sale and development of the property in accordance with the SB35 approval.
Project Rending – Parcel Group 8
• Parcel Group 9 : Staff processed a rezoning of the City portion of this group from Commercial Office and High Density Residential to General Commercial. This rezoning will allow a bit more flexibility in potential future uses of the site.
For more information, please contact Sara Buizer, Development Services Director , at 510 - 583-4191 or email [email protected].
Maple and Main Project Update
In Summer 2022, the City approved an updated project application, which includes a 5-story and 4 -story building with 314 apartment units, parking garage, and 7,100 square feet of retail space. As of October 2023, the applicant is waiting on approval from D epartment of Toxic Substances Control (DTSC) for remediation of their site contamination. For more info, please contact Jeremy Lochirco, Planning Manager, at [email protected].
Maple and Main Project Rendering
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
New Group Home for Seniors Proposed at 25561 University Court In October 2022, the City received a Conditional Use Permit and Site Plan Review application from Paul Wong (on behalf of the Sen Cai - Endliss Technology Inc.) to construct a new 5,398 square-foot, two- story group home for 16 senior residents with a ground -level three- car garage on a vacant lot. In 2021, the City approved Tentative Parcel Map (8565) to split the lot in two. This application proposes to construct the new building on the rear lot that resulted from the lot split. The project is currently under review but staff anticipates the application will be deemed complete in the coming months. For more information, please contact Rozalynne Thompson, Senior Planner, at [email protected].
Proposed Group Home Building Rendering
The Stack Center Update
On September 14, 2023, the City approved a Site Plan Review, Administrative Use Permit, and Administrative Variance application for the development of the new South Hayward Youth and Family Center (also known as “The Stack Center”), which will include construction of a two -story, 35,000 square -foot building to house a health clinic, community center, recreational/educational amenities & ou tdoor plaza near Tennyson Park. The project also includes renovations to the existing Matt Jimenez Community Center (MJCC) to operate a day care center and preschool with reduction in the side yard setback. For more information, please contact Associate Planner Taylor Richard at [email protected].
The Stack Center Rendering (North Building Elevation)
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
New Research & Development Building Approved at 31164 Huntwood Avenue In April of 2023, the Planning Division approved a Site Plan Review application from DES Architects & Engineers on behalf of developer Tarlton Properties, Inc. (Tarlton) to allow the demolition of an existing 59,480- square-foot warehouse building and the construction of a new, three- story 110,000-square-foot speculative research and development facility at 31164 Huntwood Avenue. In March 2023, the applicant submitted the demolition permit and building permits and as of Nov ember 2023, staff is waiting on the permit resubmittals to address outstanding comments made during the first round of review. For more info, please contact Steve Kowalski, Associate Planner, at [email protected].
31164 Huntwood Avenue Rendering
New Speculative Warehouse Building @ 1441 Industrial Parkway West In February 202 2, the Planning Division received a Site Plan Review application from Fortress Investment to allow for the demolition of five existing structures on a 2.9 -acre site and the construction of a new 87,350 square -foot speculative warehouse building . As of October 2023, the application is still incomplete following four rounds of review, as staff has been working with the applicant to help them address pending items. S taff anticipates the application will be deemed complete in the upcoming months. For more information, please contact Leigha Schmidt, Principal Planner, at [email protected].
1441 Industrial Parkway West Elevation Drawings
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
New Music Building Proposed at Moreau Catholic High School (27170 Mission Blvd.) On December 21, 202 2, the City received a Site Plan Review application from Moreau Catholic School to construct a new, approximately 6,761 square- foot single -story music building on the Moreau Catholic High School Campus. The project is currently under review but staff anticipates the application will be deemed complete in the coming months. For more information, please contact Steve Kowalski, Associate Planner, at steve.kowalski@hayward- ca.gov.
Moreau School Proposed Music Building Rendering
Arthur Mac’s Big Snack – 1060 B Street
In April 2023, the City received a Site Plan Review application by Arthur Mac’s Big Snack for an outdoor restaurant proposing to serve food, beer, wine, and craft cocktails. The plan includes a range of tables and seating, fire pits, and an arcade and dining area in a repurposed BART car. The first round of project review was completed in May 2023, and as of November 2023, staff is awaiting on resubmittal from the applicant. For more info rmation, please contact Elizabeth Blanton, Senior Planner, at [email protected].
Proposed Arthur Mac’s Big Snack on B Street in Downtown Hayward
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
New Ground-Mounted Solar Array Approved at Moreau Catholic High School On September 21, 2023, the City approved a Site Plan Review application from Moreau Catholic School to allow the installation of a new ground-mounted solar panel array on a 1- acre portion of open space behind the Moreau Catholic High School campus. The array, which measures approximately one acre, will be a significant addition to the City’s portfolio of renewable energy generation and transmission systems that provide 100% clean, renewable energy. As of November 2023, the building permit has been submitted and is currently under review, but staff expects permit approval in the coming weeks. For more information, please contact Steve Kowalski, Associate Planner, at [email protected].
New Preschool/Day Care Center at 24100 Mission Boulevard In February 2023, the Planning Division received a Site Plan Review application for tenant improvements and exterior modifications to an existing building for a proposed preschool/day care center at 24100 Mission Boulevard. T he exterior modifications include three outdoor play areas, restriping of the parking lot with the addition of a pedestrian crosswalk, and repainting of the exterior. Interior tenant improvements include the addition of six classrooms, a lobby, and renovations to an existing kitchen. Staff is reviewing the resubmitted application materials for completeness. For more info, contact Rozalynne Thompson, Senior Planner, at [email protected].
Proposed pre-school/day care center at 24100 Mission Boulevard
Planning Division, Long-Range Planning
Housing Element Update and Certification
Pursuant to State Law, all local jurisdictions in California must update the Housing Element, a required chapter of the City’s General Plan every five to eight years. The City of Hayward is on an eight-year cycle. The last Housing Element was adopted on December 2, 2014, and the updated Housing Element was due January 31, 2023. Every eight years, the State Department of Housing and Community Development (HCD) projects the housing need at varying income levels throughout the State. The Association of Bay Area Governments (ABAG) is responsible for allocating those housing units, which is referred to as the Regional Housing Needs Allocation (RHNA), throughout the nine- county Bay Area. For the 2023- 2031 Housing Element cycle, Hayward’s RHNA is 4,624 units split into varying income levels.
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
www.hayward-ca.gov
The Housing Element is composed of the goals, policies, programs , and actions to remove constraints and streamline new development; allows for the establishment of a variety of housing types; prioritizes funding for affordable housing development, particularly for special needs populations; ensures that programs affirmatively further fair housing goals; provides education and outreach opportunities for residents; and identifies sites that are zoned to accommodate the City’s RHNA.
The City Council adopted the Housing Element on February 5, 2023, and the State Department of Housing and Community Development certified the document as being in substantial compliance with State Law on July 27, 2023. Staff are currently evaluating the next steps for additional policy implementation planned for 2024. For more information on the Housing Element, please visit the Housing Element webpage or contact Leigha Schmidt, Principal Planner, at [email protected].
Updates to Climate Action Plan, Safety Element and Environmental Justice Element In July 2021, the City hired Rincon consultants to prepare updates to the City’s Housing Element, Climate Action Plan, Safety Element and the development of an Environmental Justice Element for the Hayward 2040 General Plan because issues of housing, environmental justice, safety and hazard planning, and climate change are inextricably linked. These efforts were combined to provide a more comprehensive and holistic outreach effort. As part of the Housing Element update (noted above), significant community and public outreach efforts simultaneously covered safety, environmental justice, and climate action topics.
The consultant team and an interdepartmental working group composed of City staff from Planning, Environmental Services, Engineering and Fire have finalized the Draft Safety Element and Environmental Justice Element, which was released for public review in early October 2023 and will remain open for public comment thru mid-November 2023. Staff plans to present the project to the Planning Commission for recommendation in December and City Council for adoption in January 2024. For more info, please contact Leigha Schmidt at [email protected]
Hayward Residential Design Study Update
In March 2020, the City was awarded an SB2 Planning Grant by the California Department of Housing and Community Development (HCD) for various housing projects, including the Hayward Residential Design Study. The Hayward Residential Design Study is an update to the City’s zoning regulations to support the development of quality housing while ensuring that the City’s residential standards are “objective” by including measurable, enforceable, and understandable parameters. In addition, the Study aims to resolv e inconsistencies between the General Plan, Zoning Ordinance, and other portions of the Municipal Code to eliminate ambiguity that may pose as a barrier to residential development.
Throughout the project, staff have held four work sessions with the Planning Commission and City Council to discuss project goals, parking, options for objective standards and the draft regulations. Furthermore, to date, outreach efforts for the Hayward Residential Design Study have included an online community survey, an online interactive mapping tool, in- person “walkshops” (walking workshops) and various in- person community events. These
Development Services Department
777 B Street, Hayward, CA 94541
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efforts were promoted through the City’s e- newsletter, social media platforms, Permit Center, libraries, and community -based organizations. The community survey and promotional materials were provided in Spanish, Mandarin, and English. Through these efforts, staff has gathered both quantitative and qualitative data that was used to inform the development of the draft regulations. All the project reports and draft regulations are available on the Residential Design Study webpage.
Staff has completed updates to the draft regulations based on community and decision maker feedback and adoption hearings with the Planning Commission and City Council are scheduled for October 26 th and December 12 th, 2023, respectively. For more information, contact Elizabeth Blanton, Senior Planner at Elizabeth.blanton@hayward -ca.gov or Taylor Richard, Associate Planner at [email protected].
Cannabis Preliminary Screening Now Open
In mid-October 2023, the City will open the third round of cannabis prescreening for commercial cannabis business looking to operate a cannabis business in the City since the updated Ordinance was adopted by the City Council in 2021 . The prescreening application period will remain open through mid-January 2024. Earlier this year, the City closed round two of the prescreening period with no applications received.
In early November 2023, staff provide d the Council’s Economic Development Committee (CEDC) with a status update on the existing cannabis licenses and highlighted a few impediments that cannabis operators currently face when opening in Hayward. For more information, please visit the City’s Commercial Cannabis webpage or contact Rozalynne Thompson, Senior Planner, at [email protected].
Sidewalk Vending Ordinance Update
Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act , was signed into law on September 17, 2018, by Governor Jerry Brown. Effective January 1, 2019, SB 946 decriminalized sidewalk vending statewide and imposed limited local jurisdictions’ authority to regulate sidewalk vending.
On June 6, 2023, the City Council held a Work Session to provide feedback and direction to staff regarding the recommended locational and operational requirements and the alternative enforcement approach proposed by staff. The Council discussed potential regulations for vending activities located within proximity of a driveway or alleyway; vending activities within 100 feet of an emergency facility; vending activities near brick -and-mortar restaurants; the requirement to obtain a Mobile Food Facility Permit from the Alameda County Department of Public Health (ACDEH); and the opportunity for sidewalk vendors to congregate on pre- identified spaces within the City to engage in sidewalk vending activities. The Council also supported a balanced regulatory approach that provides a pathway for sidewalk vendors to become entrepreneurs in the City and supported the City providing technical assistance for vendors in multiple languages.
The input received during the outreach efforts, online survey, and City Council Work Session were incorporated into the draft Ordinance, which was introduced for City Council
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
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consideration on October 10, 2023. The Ordinance was adopted at the following City Council meeting on October 17, 2 023. Following Ordinance adoption, staff will continue to work with our community partners and stakeholders to schedule in- person training for vendors seeking to obtain a permit to operate in the City. For more information, please visit the Sidewalk Vendor Ordinance webpage or contact Rozalynne Thompson, Senior Planner , at [email protected].
Tree Preservation Ordinance Update Started
The Planning Division is currently working with an outside consultant (Dudek) to update the City’s Tree Preservation Ordinance, which was l ast updated in the early 2000s. The main objective of the Tree Preservation Ordinance is to preserve significant existing trees throughout the City. Another focus is to make sure the purposes and goals of the ordinance align with current climate action goals of the City, eliminate the ambiguity in the ordinance, bring flexibility to tree permit and replacement practices to benefit overall City environment, and add supplemental information to address new tree planting and existing tree preservation in the Hayward Executive Airport districts to proactively eliminate hazardous air traffic conditions.
Over the next few months, the consulting team will conduct a thorough review of tree preservation ordinances and urban forest programs of nearby cities to identify potential programs, practices, and updates that the City’s ordinance could adopt. In late October 2023, staff will begin public engagement and outreach activities, which will include attending several community events, including the Farmers Market and Trunk or Treat Halloween event, as well as hosting stakeholder and focus group meetings, includ ing environmental groups, HOAs, property management companies, developers and architects, and tree care professionals as well as other community stakeholders, such as HARD and PG&E. A dedicated project website for the Tree Preservation update has been developed , which includes a community survey and will provide regular status updates, including upcoming d ates for various public meetings and work sessions.
An updated draft of the Tree Preservation Ordinance is expected to be ready for public review and feedback by mid-2024. For more information, please contact Michelle Koo, Landscape Architect, at [email protected].
Hayward Sites Recommended for MTC Priority Sites Designation In June 2023, the Planning Division submitted applications to nominate three site in Hayward as a MTC Priority Site as part of their Priority Sites Pilot Program. The three sites included the BART-owned properties around the Hayward BART Station and the South Hayward BART Station and the City-owned properties around City Center. In total, 211 sites around the Bay Area were nominated by jurisdictions for Priority Sites designation. Priority Sites are locally identified, regionally significant places that will offer homes affordable to people of all incomes, backgrounds , and abilities. Sites include or are nearby essential services, green space, and frequent public transit. Projects on nominated sites will be eligible for $28 million in pre- development funding pending final approval by the California Department of Housing and Community Development (HCD).
Development Services Department
777 B Street, Hayward, CA 94541
F: 510.583.3649 T: 510.583.4200 TTD: 510.247.3340
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In November 2023, the ABAG Administrative Committee will hold a public meeting to consider the proposed Priority Site designations and if approved, staff expects a ABAG/MTC to release a Notice of Funding Availability (NOFA) in early 2024. All designated sites will be eligible for tailored technical assistance and future planning grants, which could be available in mid-late 2024. For more information, please contact Jeremy Lochirco, Planning Manager, at jeremy.lochirco@hayward-ca,gov.
New AB 2011 and SB 6 Checklists and FAQs Handout Completed Effective on July 1, 2023, two new State laws took effect ( AB 2011 and SB 6) that create processes and standards to permit residential development on sites zoned and designated for office, retail, and parking uses. Specifically, AB 2011 provides a CEQA-exempt, ministerial approval process for projects that are 100% affordable or mixed income, multi-family housing on sites in zoning districts where office, retail, or parking are permitted uses. While SB 6 projects (those projects which are 100% residential or mixed-use where at least 50 % of the square footage de dicated to residential uses ) are also allowed where office, retail, or parking uses are permitted, SB 6 projects are not exempt from CEQA and are not subject to minimum affordability requirements beyond the requirements set forth in the City's Affordable Housing Ordinance. The laws provide for qualifying criteria for AB 2011 and SB 6 projects.
To assist applicants in determining whether a project is eligible for streamlining under either law and to provide additional guidance to the public, the Planning Division has created an AB2011 and SB6 webpage and uploaded eligibility checklists, including a Frequently Asked Questions brochure, and the required labor standards affidavits . Staff has also configured AB 2011 and SB 6 applications in Energov for intake. For more information, please contact Rozalynne Thompson, Senior Planner, at [email protected].
Alcoholic Beverage Ordinance Amendments Completed
In early 2022, Planning Division staff began working with the Hayward Police Department and Economic Development Division to identify possible changes to the ABO Ordinance to support the Council’s vision. Concurrently, staff began conducting outreach to various stakeholders during Spring of 2022 to solicit feedback prior to drafting amendments to the Ordinance aimed at achieving Council’s goal. The results of these outreach efforts, which included interviews of several key stakeholders, yielded several draft amendments which staff presented to the Council Economic Development Committee (CEDC) in September 2022 to obtain feedback before proceeding to the Planning Commission and City Council. In March 2023, the City Council voted unanimously to approve amendments to the Alcoholic Beverage Outlets Ordinance , which took effect in April 2023. F or more information, please contact Steve Kowalski, Associate Planner, at [email protected].
Density Bonus User Guide and Checklist Completed
In January 2023, the City Council adopted the amended Density Bonus Ordinance which followed almost a year of community outreach, collaboration, and Ordinance development to comply with recently adopted State legislation and promote additional local incentives to support housing construction in Hayward. Following adoption of the Ordinance, Planning
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staff worked with a consultant to develop a user-friendly guide, which includes the submittal checklist and an easy-to-read flowchart to assist both staff and the public in preparing and processing density bonus applications. The Density Bonus User Guide and Checklist has been uploaded and is currently available on the City’s Density Bonus webpage. For more info, please contact Jeremy Lochirco , Planning Manager, at [email protected] or Rozalynne Thompson, Senior Planner, at [email protected].
Alameda County ADU Resource Center
The Alameda County ADU Resource Center provides free tools that make it easier to build ADUs in our community. Developed in partnership with Alameda County Housing and Community Development and Hello Housing, the ADU Resource Center supports homeowners who are considering building an ADU– from inspiration and design to permitting, construction and move-in. Some of the resources and tools are described below but everything can be found here.
• An Interactive Online Tool that outlines each step of the process, early considerations, and special circumstances.
• An ADU Calculator that can give residents an estimate of their total development costs in Hayward, monthly expenses and monthly rents based on construct type, number of bedroom and number of bathrooms.
• A large collection of sample Floor Plans.
• Stories from successful ADU projects including one in Hayward. • A Can I Build an ADU Tool to find out where ADUs can be built. • Exercise Worksheets will help residents with everything from identifying goals to drafting a lease.
For more information about this effort, please contact Taylor Richard, Associate Planner at [email protected].
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Building Division Updates
November 2023
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Permit Status Updates
Pimental Place - 2264 Second St.
Construction has begun in the 57unit residential building, and the grading phase is complete.
Footings have been trenched and rebar and concrete for the footings are almost complete.
Rebar for the concrete columns can be seen coming out of the ground and some of the forms for the columns are being erected onsite. At this phase of the construction plumbing drains and waste lines underground are pending vertical completion. Work will continue with the concrete pour of the upper floors after steel rebar installation and inspections. For more info, please contact Omar Noorzad, Chief Building Official at [email protected]
Depot Community Apartments - 2595 Depot Rd.
Transitional Housing with approximately 130 units has been built and the structure is ready for utility connection. Construction is coming to a close pending electrical connection and meter installation from PG&E. The site work is nearly complete with minor finish work and pending Public Works and Landscape approvals. Exterior garbage containment units are complete, parking lot lights finished, and striping of the parking stalls are complete. The interior residential units are complete and ready for occupancy pending Certificate of Occupancy. For more information, please contact Omar Noorzad, Chief Building Official at [email protected]
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Rivian Tenant Improvement – 24570 Clawiter Rd.
Rivian’s 51,472 sq. ft. Tenant Improvement of a battery research and development facility is almost complete at 24570 Clawiter Road. The state the art research facility was designed and built for Rivian cars and trucks. The installation of the mechanical units, ducts and exhaust vents has been completed. The new structure is a tilt- up concrete structure with poured in place walls that were then raised and set on the footings . Inspection of the site was as complex as the construction build, Senior Building I nspectors in all four trades (Building, Mechanical, Plumbing and Electrical) were onsite daily due to the complexity of the project.
Currently the site is fast approaching the finish line and will soon be occupied by the Rivian team. For more information, please contact Omar Noorzad, Chief Building Official at [email protected]
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Mission Village at Industrial Parkway - 29705 Mission Boulevard KB Home’s Mission Village tract has completed the final unit in its 74-unit residential tract.
Certificate of Occupancy has been issued for all of the 74 units. All roads have been paved and signage is complete, pending Fire Department approval of the red curbs and fire access lanes. Onsite the corner lot is currently in the framing stage of the commercial structure.
Exterior sheer walls have been installed and inspected, next the lath and paper for the stucco finish will start. Inside the commercial trades such as, electricians, plumbers and heating and air conditioning crews are working on the installation of commercial kitchens and offices. It sits on a vapor intrusion mitigation system which needs outside environmental approval. As soon as it is approved, final close out of the tract will occur. For more information, please contact Omar Noorzad, Chief Building Official at [email protected]
Bellara Senior Housing – 22400 2nd Street
This project is still in the rough phase of construction. The five- story building, which will eventually hold 157 units, has recently topped out, and the next steps beyond that will be enclosing the exterior of the entire building which is almost complete . Construction is coming to a close on this site with the interior units requesting final inspections. Interior gypsum and lath work is almost complete, electrical systems are installed and will go through the startup and testing phase of construction. M echanical units are past the rough installation and will get final trim and startup testing as well. Once all testing of life safety is complete, the final inspection of the units will start, and this site will be one step closer to completion. For more information, please contact Omar Noorzad, Chief Building Official for the City of Hayward at [email protected]
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Duke Realty – 24493 Clawiter Rd.
New tilt up building with two story office space is very near completion. The Building Division is in the final inspection and approval of the site. All site parking stalls, and lighting has been completed and approved. Roof top mechanical heating and air conditioning units are installed and approved, electrical systems such as the panel boards and switch gear have been inspected and approved. All interior res trooms and accessible bathrooms have been inspected and approved. Once the final inspection has been approved a Certificate of Occupancy will be issued and Tenant Improvement permits can request inspections and approval. For more information, please contact Omar Noorzad, Chief Building Official a t [email protected]
Somi Tract (Parcel Group 2)
The entire project has a total of 66 units. Building 1-3 are occupied and have residents with the issuance of the Certificate of Occupancy, Building B is finishing the exterior stucco work with final exterior deck installations starting. Due to the construction of the apartment building with the low-income units, the builder is pushing for a rapid construction schedule.
Driving onsite, construction is fenced off from the public with all construction work taking place beyond the gates and secured areas of the site. For more information, please contact Omar Noorzad, Chief Building Official at [email protected]
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777 B Street, Hayward, CA 94541
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Code Enforcement Division Updates
November 2023
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Vacant Property Program
With the adoption of Article 29 in Chapter 10 of the HMC (Vacant Property Ordinance), the Code Enforcement Division continues to make improvements on the City’s ability to proactively identify, analyze and address existing and emerging community conditions which affect community safety and sustainability.
In partnership with IT’s GIS Team, the Code Enforcement Division continues to identify and assess vacant property conditions throughout the City for evolving conditions analysis and regulatory compliance needs. Information available includes property conditions, code case activity, vacancy time stamp, conditions imagery, development status, monitoring dates, color coded conditions rating and contact registration information.
The new tool (as shown below) is meant to help support a variety of divisions and departments in their need to understand and utilize vacancy data. The new GIS layer is currently available on the City’s GIS Platform along with Monitoring Dashboard which provides quick access to overall numbers and conditions.
Code Enforcement Vacant Property Mapping Tool
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Code Enforcement Vacant Property Dashboard
Since full ordinance and program implementation in 2022 several such properties, such as 1025 A St and 1200 A St. have transitioned to new ownership and/or resolved previously neglected conditions with property improvements or active development projects.
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Community Preservation Ordinance Update
The Code Enforcement Division has completed work on updating the Community Preservation Ordinance. The Community Preservation Ordinance is the City’s primary ordinance utilized by Code Enforcement to address urban property blight, deferred maintenance and nuisance conditions associated with private property. The ordinance is also the primary connector for providing compliance through external state regulations and standards, such as the State Health and Safety Code and California Building Codes which many active preservation programs rely on.
The updates to the Community Preservation Ordinance were adopted by the Council at the end of the 22/23 fiscal year and are currently active. Some of the most important aspects of the ordinance update center on aligning the ordinance with the States minim um housing conditions standards as required by Section 17920.3 of the California Health and Safety Code (also known as the state housing law), providing clear language for illegal fireworks activity on private property and filling enforcement gaps for the California Building Code.
Many of the updates incorporated into the ordinance provide additional tools necessary for the prevention of substandard and nuisance conditions on private property, while also providing a framework to connect external ordinances to its regulatory processes.
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Housing Division Updates
November 2023
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Housing Stabilization Programs
The Housing Division is responsible for housing stabilization programs including the Residential Rent Stabilization Ordinance (RRSO), MobileHome Space Rent Stabilization Ordinance (MRSO), Tenant Relocation Assistance Ordinance (TRAO), Emergency Relocation Assistance Program, funding legal resources for tenants facing eviction, f oreclosure prevention program and increasing access to homeownership opportunities.
The RRSO and the MRSO provide limitations on rent/space rent increase, just cause and retaliation protections. In conformance with these Ordinances, the Housing Division provides a rent dispute resolution process to resolve rent increase disputes. During FY 2022- 2023, the Housing Division received 37 petitions regarding the Residential Rent Stabilization Ordinance (RRSO ). 20 of these petitions were resolved during either arbitration or mediation, 7 petitions were withdrawn, 1 petition was rejected, and 9 petitions resulted in a decision reached. The Division received 4 petitions regarding the MRSO , with 2 petitions dismissed (i.e., petitioners did not provide the Division with the minimum information) and 2 petitions rejected (i.e., petition did not meet the necessary threshold for approval ) or resolved.
Under the TRAO and corresponding Emergency Relocation Assistance Program , the City provides relocation assistance to tenants displaced because of a Notice to Vacate issued by the City if the landlord fails to pay the required relocation assistance or in the event of a natural disaster such as a fire. Since 2022, the Housing Division assisted 29 tenants and provided over $200,000 in relocation assistance to help recover from housing loss. In cases where the City pays relocation assistance related to a Notice to Vacate, landlords are required to provide reimbursement to the City for such assistance. Relocation assistance paid due to natural disasters (e.g., fires) do not require the landlord to provide the City with reimbursements for relocation assistance as they are not liable under the TRAO.
Following the conclusion of the County Eviction Moratorium, the City entered into a contract with Centro Legal de la Raza to provide legal services for tenants facing eviction. Eviction filings following the end of the eviction moratorium were 4 times as many as pre- pandemic filings. During the first quarter of FY 2023-2024, Centro Legal surpassed its quarterly goal of providing free consultations to low-income Hayward Households on tenancy- and eviction- related issues. Most of these tenants identified as people of color and Hispanic with a roughly even divide amongst men and women. Furthermore, 57% of tenants served identified as living with a disability, and 78% of tenants were extremely low income.
In response to the COVID -19 pandemic and to address concerns that low -income property owners may be at- risk of foreclosure , the City allocated $ 1,319,598 to a foreclosure prevention program administered by Housing and Economics Rights Advocates (HERA).
Since program inception in December 2021, HERA has held six educational workshops about foreclosure mitigation and other homeownership topics, provide d 15 households with general legal advice and assisted 29 households with in-depth legal counseling for more complex cases. This program is serving the target population with 45% of households served identified as acutely low income, 30% as extremely or very low income, and 25% as low income. 50% of ho meowners served identified as a person of color or Hispanic and 36%
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served identified as White. Additionally, 58% of hom eowners served identified as having seniors in the household and 26% identified as having a household member with a disability.
The City of Hayward is committed to increasing access to homeownership opportunities. On June 6, 2023, the City Council approved reprograming American Rescue Plan Act of 2021 (ARPA) funds to a Down Payment Assistance (DPA) Program that would provide shared appreciation, down payment assistance loans up to $300,000 for low -income, first- time homebuyers to help address financial barriers to homeownership and help mitigate the racial wealth divide. The DPA Program is intended to be paired with an innovative, Social Impact Bonds (SIB) Program which would allow the City to use bond proceeds to acquire and rehabilitate vacant, blighted, delinquent or foreclosed properties and sell them to income eligible first- time homebuyers at affordable prices. The City Council also provided authority to implement the DPA Program as an independent program if needed to ensure the timely expenditure of ARPA funds. Both programs are estimated to be implemented by the end of 2023/early 2024.
Affordable Housing Development
The Housing Division implements and enforces the City’s Affordable Housing Ordinance (AHO). On November 28, 2017, the City adopted amendments (effective February 1, 2018) to its AHO to support the production of residences in Hayward that are made affordable to extremely low, very low, low, and moderate -income households throughout the city’s various neighborhoods . Subsequently, on April 11, 2023, the City adopted amendments (effective May 11, 2023) to further its efforts to support and enhance affordable ho using production in the city by increasing the affordable housing requirements for new construction residential projects c reating two or more dwelling units. The updates were based on findings from a feasibility study that was conducted to ensure that the affordable housing requirements imposed by the AHO do not constrain development. The AHO was updated as follows:
• Increased minimum onsite affordable housing requirements from 10% of units servicing at moderate income households to 12% serving low-income and moderate-income households (50/50 split)
• Increased the affordable housing in-lieu fees for existing development types by
8.4%
• Added Lower-Density Ownership Housing as a new development type set at a rate of $26 per habitable square foot if paid prior to permit issuance
The AHO helps to produce affordable housing in two ways. It creates mixed income housing development, and it generates revenue that the City uses to subsidize the development of affordable housing. The affordable units in a mixed -income project are typically referred to as inclusionary housing units. The AHO requires that, at the minimum, inclusionary rental units be deed-restricted in perpetuity to eligible very low - and low-income households and that inclusionary ownership units be deed -restricted in perpetuity to eligible low and moderate households. In contrast, subsidized housing receives government subsidies and
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typically restricts 100% of the units as affordable providing housing units for acutely low - income households to low-income households.
Since 2018, the City approved land use entitlements for over 1,000 new affordable units. Of the total, 931 are affordable rental units and 83 are affordable ownership units. However, government subsidies for affordable h ousing provided nearly 900 rental units while the remaining rental units were inclusionary units. The City has subsidized 5 of the 8 affordable housing developments in the development pipeline providing over $26 m illion in funding, and for some developments, have donated land to support the production of 519 affordable rental units targeting a range of income levels from acutely low- to low income. Based on the City’s 2021 Displacement Study there is a housing supply gap of 4,460 units priced below $1,250 indicating a need to produce more affordable rental housing.
While affordable rental housing is primar ily being created through government subsidies, inclusionary housing provides more affordable homeownership opportunities. Of the 83 affordable ownership units, 73 are inclusionary units while 10 received government subsidy.
Most of the inclusionary ownership units target moderate income households. Since 2020, two projects (SoHay and Mission Crossing ) have been selling a total of 4 2 units deed restricted inclusionary units and as of this report, only four units are unsold. Of the units sold at SoHay and Mission Crossing, 87% of purchasers identified as a person of color or Hispanic and 39% of purchasers live d and/or worked in Hayward at the time of purchase. Moving forward, SoMi/Mirza by The TrueLife Companies and La Playa Place by D.R. Horton are getting ready to market 20 BMR units and 5 BMR units respectively. These for-sale units are deed restricted to ensure long term affordability and provide a pathway to homeownership for moderate income households or below upon initial sale and resale.