Tuesday, December 12, 2023
5:30 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda
December 12, 2023City Council Agenda
SPECIAL CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.
PUBLIC PARTICIPATION
How to observe the Meeting:
1. Comcast TV Channel 15
2. Live stream https://hayward.legistar.com/Calendar.aspx
3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:
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https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.
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CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Goldstein
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
ROLL CALL
December 12, 2023City Council Agenda
CLOSED SESSION ANNOUNCEMENT
PRESENTATION
2023 Arbor Day Proclamation
PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes your comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, your item will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.
December 12, 2023City Council Agenda
CONSENT
Adopt a Resolution Accepting Transmittal of the Annual
Mitigation Fee Act Report (AB1600)
CONS 23-6511.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Report of Development Fees
Adopt a Resolution Authorizing the Purchase of Two Plunger Valves from Core & Main LP in an Amount Not-to-Exceed
$155,850 as part of the 250-Foot Zone for Pressure Reducing Strategy at Decoto Pump Station Project No. 07074
CONS 23-6522.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project No. 07760
CONS 23-6543.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $515,000 in Awarded Transportation Fund for Clean Air Funding from the Alameda County Transportation Commission for the Winton Avenue/D Street and Tennyson
Road Corridors Signal Timing Project for Construction of Traffic Signal Infrastructure and Implementation of Adaptive Signal Timing
CONS 23-6574.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Hayward Police Department Locker Room Building Project No. 06926
CONS 23-6595.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 12, 2023City Council Agenda
Adopt a Resolution Authorizing the City Manager to
Appropriate Additional Funds in the Amount of $120,000 from Transportation System Improvement - Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737
CONS 23-6706.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving Addendum Nos. 1,2,3 and 4, Rejecting the Bid from CWS Construction Group, Inc. and Awarding a Construction Contract to Rodan Builders, Inc., for The Stack Center - Phase I Project, Project No. 06960, in the Amount of $8,699,000 and Authorizing an Administrative
Change Order Budget of $871,000
CONS 23-6727.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for
Implementation of Network Refresh in an Amount
Not-to-Exceed $2,340,126
CONS 23-6608.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Clifford Moss in an Amount Not-to-Exceed $90,000 Plus Direct Communications Expenses Estimated at $155,000 and with Fairbank, Maslin, Maullin, Metz & Associates (FM3) in an Amount Not-to-Exceed $45,750 for Education and Outreach Services Relating to a Potential Early Extension of the ½ cent Local District Sales Tax and Appropriating Funds for these Agreements
CONS 23-6759.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt an Ordinance Amending Chapter 4, Article 12 of the Hayward Municipal Code Regarding Spectators at Illegal Speed Contests and Exhibitions of Speed
CONS 23-66510.
Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
December 12, 2023City Council Agenda
Adopt a Resolution Accepting the Resignation of Commissioner Artavia Berry from the Community Services Commission,
Effective Immediately
CONS 23-66811.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Appointing Hoang Dao to the Community Services Commission to Fill the Unexpired Term of Artavia Berry
CONS 23-66912.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Accepting the Resignation of Commissioner Arti Garg from the Planning Commission, Effective Immediately CONS 23-67713.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Appointing Ron Meyers to the Planning Commission to Fill the Unexpired Term of Arti Garg
CONS 23-67614.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 12, 2023City Council Agenda
PUBLIC HEARING
Hayward Residential Design Study: Consideration of Proposed Text Amendments to Hayward Municipal Code Chapter 10,
Article 1 (Zoning Ordinance), Article 2 (Off Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code); Zoning Map Amendments;
and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act (Report from Development Services Director Buizer)
PH 23-04915.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Ordinance
Attachment III Exhibit A HMC Section 10-1.200
Attachment III Exhibit B HMC Chapter 10, Article 1
Attachment III Exhibit C HMC Chapter 10, Article 2
Attachment III Exhibit D HMC Chapter 10, Article 24
Attachment III Exhibit E HMC Chapter 10, Article 28
Attachment III Exhibit F Properties Proposed to be Rezoned
LEGISLATIVE BUSINESS
Palace Poker Casino: Transfer of Partial Ownership of the Palace Poker Casino Per the Hayward Card Club Regulations Located at 22821 Mission Boulevard (APN 428-0081-033-00) and Finding that the Project is Statutorily Exempt from the California Environmental Quality Act, Catherine Aganon and Pamela Roberts (Owners and Applicants) (Report from
Development Services Director Buizer)
LB 23-04616.
Attachments: Attachment I Staff Report
Attachment II Resolution
December 12, 2023City Council Agenda
Public Safety Committee: Adopt a Resolution Establishing the Council Public Safety Committee, Dissolving the Police
Department Community Advisory Panel, and Consolidating the Council Airport Committee with the Council Infrastructure Committee (Report from City Manager McAdoo)
LB 23-04517.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Benchmarking Research
Attachment IV List of Staff Reports
FY 2024 Salary Plan Amendment: Adopt a Resolution
Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2024 (Report from Director of Human Resources Frye)
LB 23-04718.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY 2024 Salary Plan
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
COUNCIL REFERRAL
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
City Council Referral: Recreational Vehicle (RV) Parking in Hayward (Referral from Council Members Goldstein and
Roche)
RPT 23-11719.
Attachments: Attachment I Council Referral
Attachment II Staff Analysis
Attachment III Safe Parking Memo
December 12, 2023City Council Agenda
City Council Referral: City of Hayward Funding and Support for St. Rose Hospital (Referral from Mayor Salinas and Council Member Bonilla Jr.)
RPT 23-12620.
Attachments: Attachment I Council Referral
ADJOURNMENT
COUNCIL MEETINGS, December 19 and 26, 2023 and January 2, 2024 - CANCELED NEXT MEETING, January 16, 2024, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-651
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT
Adopt a Resolution Accepting Transmittal of the Annual Mitigation Fee Act Report (AB1600)
RECOMMENDATION
That Council adopts a resolution (Attachment II) accepting the annual Mitigation Fee Act (AB 1600) report prepared to satisfy Government Code Subsection 66006(b)(1).
SUMMARY
The AB 1600 (Cortese) portion of the Mitigation Fee Act applies to fees charged in connection with the approval of development projects to defray the cost of public facilities. AB 1600 was enacted by the State Legislature in 1987, and applies to developer fees established, increased, or imposed on or after January 1, 1989. This legislation requires an annual report on the status of all eligible fees pursuant to the Mitigation Act to satisfy Government Code Subsection 66006(b)(1) requirements. This annual report includes the required eight items that the City must address for each impact or connection fee in order to comply with the Mitigation Fee Act.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Report of Development Fees
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
powered by Legistar™
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT: Adopt a Resolution Accepting Transmittal of the Annual Mitigation Fee Act Report (AB1600)
RECOMMENDATION
That Council adopts a resolution (Attachment II) accepting the annual Mitigation Fee Act (AB 1600) report prepared to satisfy Government Code Subsection 66006(b)(1).
SUMMARY
The AB 1600 (Cortese) portion of the Mitigation Fee Act applies to fees charged in connection with the approval of development projects to defray the cost of public facilities. AB 1600 was enacted by the State Legislature in 1987, and applies to developer fees established, increased, or imposed on or after January 1, 1989. This legislation requires an annual report on the status of all eligible fees pursuant to the Mitigation Act to satisfy Government Code Subsection 66006(b)(1) requirements. This annual report includes the required eight items that the City must address for each impact or connection fee in order to comply with the Mitigation Fee Act.
BACKGROUND
It is common for local agencies to charge fees on new development to fund construction of capital facilities that will serve the development. The AB 1600 (Cortese) portion of the Mitigation Fee Act applies to fees charged in connection with the approval of development projects to defray the cost of public facilities. AB 1600 was enacted by the State Legislature in 1987, and applies to developer fees established, increased, or imposed on or after January 1, 1989. This legislation also requires an annual report on the status of all eligible fees pursuant to the Mitigation Act.
DISCUSSION
To comply with the Mitigation Fee Act the City must provide an annual report on the adopted Impact and Connection Fees. The report must consist of each separate impact/connection fee and make available to the public the findings within 180 days of the last fiscal day close and contain the following eight components:
1. A brief description of the type of fee.
2. The amount of the fee.
3. The beginning and ending balance of the account or fund.
4. The amount of the fees collected and the interest earned.
5. An identification of each public improvement on which the fees were expended, including the amount and percentage that was funded by the fee.
6. The approximate date that construction of the public project will commence if we have determined sufficient funds.
7. Descriptions of inter-fund transfer or loans made from the fund, including the public improvement will be expended.
8. Amount of any refunds due.
To comply with these eight requirements the City has prepared the AB 1600 annual reports for the following fees in Attachment III:
Sewer Connection Fees
Water Connection Fees
Park Impact Fees
Traffic Impact Fees – No fees have been collected to date.
The Mitigation Fee Act, at Government Code section 66001(d), requires specific findings to be made with respect to unspent impact fees five years after the initial deposit into the fund and every five years thereafter, otherwise the unspent fees must be refunded, with the exception of water or sewer connection fees or capacity charges, which are specifically exempted from refunds by the Act. No findings are required to be made for unspent Park Impact Fees or Traffic Impact Fees at this time. Park Impact fees were first deposited with the City in FY 2022. The City has not collected any Traffic Impact Fees during the relevant reporting period.
ECONOMIC IMPACT
Compliance with AB 1600 allows the City to hold development deposits for future improvements to the community to offset the impacts of these new developments.
FISCAL IMPACT
No fiscal impact is associated with this report. Attachment III provides a summary of the applicable fees pursuant to the Mitigation Act for FY 2023.
This report is prepared annually in compliance with Assembly Bill 1600.
PUBLIC CONTACT
A public notice was published in The Daily Review on November 24, 2023, announcing the date, time, location, and subject matter of this report.
Prepared by: Christina Crosby, Deputy Director of Finance
Recommended by: Nicole Gonzales, Director of Finance
Approved by:
_________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-
Introduced by Council Member ____
RESOLUTION ACCEPTING THE REPORT AND ADOPTING FINDINGS
RELATED TO FEES COLLECTED FOR THE DEVELOPMENT PROJECTS
SUBJECT TO THE REQUIREMENTS OF THE MITIGATION FEE ACT
WHEREAS, Government Code section 66006, part of the Mitigation Fee Act, which is sometimes referred to as Assembly Bill 1600, requires the City to make findings each fiscal year describing the continuing need to retain fees collected from developers, but which remain unexpended and/or uncommitted after a period of five years; and
WHEREAS, the funds maintained for such period of time must be refunded if the requisite findings cannot be made; and
WHEREAS, the City has unexpended fees that it needs to retain for futu re expenditures; and
WHEREAS, the Mitigation Fee Act, at Government Code section 66001(d), requires specific findings to be made with respect to unspent impact fees five years after the initial deposit into the fund and every five years thereafter, otherwise the unspent fees must be refunded, with the exception of water or sewer connection fees or capacity charges, which are specifically exempted from refunds by the Act; and
WHEREAS, no findings are required to be made for unspent Park Impact Fees or Traffic Impact Fees at this time. Park Impact fees were first deposited with the City in FY 2022. The City has not collected any Traffic Impact Fees during the relevant reporting period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby accepts the report of the Director of Finance dated December 12, 2023, and adopts the findings contained therein, cop y of which is attached hereto as Attachment III.
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
ATTACHMENT III
City of Hayward
Annual Report on Development Impact Fees, Per Government Code 66000 AB 1600 Statement
Sewer System Connection Charges and Fees
Municipal Code, Chapter 11, Article 3, Section 11-3.255 authorizes the City to assess connection fees to any customer (new or existing) who installs new or additional fixtures, processes, or equipment, or otherwise causes an increase in wastewater discharge into the City sewer. Residential users shall be assessed for each unit. Commercial, Industrial, Institutional and Other Users will be calculated in accordance with the number of gallons of daily capacity required to serve the customers and the pounds per year of carbonaceous biochemical oxygen demand and suspended solids. https://www.hayward-ca.gov/your-government/documents/master-fee-schedule Beginning Balance, 7/1/2022 $ 30,223,764
REVENUES
Fees 4,636,000
Intergovernmental 2,958,0701
Interest income 331,524
Miscellaneous 1,576,130
Total revenues 9,501,725
EXPENDITURES
Percent
Financed with
Fees
Recycled Water Treatment and Distribution Facilities (07507) 205 100% Sludge Screening (07567) 313,437 100%
WPCF New Admin Building & Lab Proj (07786) 573,966 47% WPCF Phase II Improvement Project (07760) 2,104,441 100% Trash capture implementation (07746) 143,270 0%
Co-Generation System Maintenance Contract (07679) 589,627 0% WPCF Primary Effluent Flow Equalization (07749) 430,475 100% Sewer Main Install 880/WILLIMET (07717) 889,527 100%
Switchgear Rehabilitation Project (07656) 213,454 100% Recycled Water Facility Treatment (07710) 14,656 100%
Utilities Lab Info Mgmt/Data Entry (07519) 7,163 100%
GIS Data Development & Conversion (07177) 6,300 100%
WPCF High Pressure Gas Storage Vessel Inspection and Coating (07698) 3,645 100% Advertising & Public Notices 65 100%
Transfer out 2,157,314 100%
Total Expenditures 7,447,546
Loan to Fund 612 for Solar Project:
Original Loan Amount (540,000.00)
FY2017 transfer from Fund 610 not shown as fee on this report 270,000.00 FY2018 transfer from Fund 610 not shown as fee on this report 270,000.00 Remaining Balance on Loan -
Excess of revenues over/(under) expenditures 2,054,180
Ending balance, 6/30/23 $ 32,277,944
Note:
Transfer out in the amount of $1,747,314 was for debt service payments to fund Solar project and WPCF Improvement project Phase I.
ATTACHMENT III
City of Hayward
Annual Report on Development Impact Fees, Per Government Code 66000 AB 1600 Statement
Water System Facilities Fees
Municipal Code, Chapter 11, Article 2, Section 11-2.05 authorizes the City to impose a Water System Facilities Fee upon every applicant for a new water service. The facilities fee will be based on the water meter size. https://www.hayward-ca.gov/your-government/documents/master-fee-schedule Beginning Balance, 7/1/2022 $ 48,478,705
REVENUES
Fees 5,107,856
Interest income 551,106
Miscellaneous 20,446
Total revenues 5,679,408
EXPENDITURES
Percent
Financed with
Fees
Transfer out 812,775 100%
Advertising and Public Notices 65 100%
D Street/Treeview/Maitland reservoir water quality pump upgrade (07108) 3,374 100%
Groundwater Sustainability plan imp (07191) 37,293 100% GIS data development & conversion (07177) 6,300 100%
Salaries (07175) 749 100%
Water office improvements (07139) 132,573 100%
Reservoir Water Quality Improvement Project (07102) 13,015 100% Cross Connection Improvement Project (07101) 17,195 100% Weather Based Irrigation Controllers (07017) 40,052 100% Groundwater Sustainability Agency Coordination (07021) 20,905 100% Total Expenditures 1,084,296
Loan to Fund 612 for Solar Project:
Original Loan Amount (4,100,000.00)
Previous Repayments 1,230,000.00
FY2023 Payment 410,000.00
Outstanding Loan to be paid FY24-29 @$410,000/year 2,460,000.00 -
Excess of revenues over/(under) expenditures 4,595,112
Ending balance, 6/30/23 $ 53,073,817
Notes:
Transfer out for $812,775 was for debt service payments to fund Recycled Water project.
Transfer in for $795,000.04 was for transfer from fund 605 to 604 for correction of duplicated Hesperian Pump
ATTACHMENT III
City of Hayward
Annual Report on Development Impact Fees, Per Government Code 66000 AB 1600 Statement
Park-in-Lieu Fees
Municipal Code, Chapter 10, Article 16, as amended by Ordinance 20-02 requires all residential subdivisions and all other development of land in the City for residential and industrial purposes to pay impact fees to provide for park and recreational facilities serving the City.
https://www.hayward-ca.gov/your-government/documents/master-fee-schedule Beginning Balance, 7/1/2022 $ 17,464,649
REVENUES
Fees - mitigation act 608,563
Fees - quimby act 624,132
Interest income -
Miscellaneous -
Total revenues 1,232,695
EXPENDITURES
Percent
Financed with
Fees
-
Total Expenditures -
Excess of revenues over/(under) expenditures 1,232,695
Ending balance, 6/30/23 $ 18,697,344
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-652
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the Purchase of Two Plunger Valves from Core & Main LP in an Amount Not-to-Exceed $155,850 as part of the 250-Foot Zone for Pressure Reducing Strategy at Decoto Pump Station Project No. 07074
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the purchase of two plunger valves from Core & Main LP as part of the 250’ Zone for Pressure Reducing Strategy at Decoto Project No. 07074 in an amount not-to-exceed $155,850.
SUMMARY
Plunger valves enable operators to control and regulate water flow and pressure. By controlling the water pressure, staff can effectively conserve water, reduce stress on the water mains and service connections, decrease water loss from leaking joints, and reduce the need to pump water out of tanks.
Staff recommends purchasing two plunger valves to ensure efficiency of the water distribution system and further reduce overall water loss. Council has previously approved funding for this purchase as part of the FY24 Capital Improvement Program (CIP) 250’ Zone for Pressure Reducing Strategy at Decoto Project No. 07074.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
powered by Legistar™
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the Purchase of Two Plunger Valves from Core & Main LP in an Amount Not-To-Exceed $155,850 as part of the 250-Foot Zone for Pressure Reducing Strategy at Decoto Pump Station Project No. 07074
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the purchase of two plunger valves from Core & Main LP as part of the 250’ Zone for Pressure Reducing Strategy at Decoto Project No. 07074 in an amount not-to-exceed $155,850.
SUMMARY
Plunger valves enable operators to control and regulate water flow and pressure. By controlling the water pressure, staff can effectively conserve water, reduce stress on the water mains and service connections, decrease water loss from leaking joints, and reduce the need to pump water out of tanks. Staff recommends purchasing two plunger valves to ensure efficiency of the water distribution system and further reduce overall water loss. Council has previously approved funding for this purchase as part of the FY24 Capital Improvement Program (CIP) 250’ Zone for Pressure Reducing Strategy at Decoto Project No. 070744.
BACKGROUND AND DISCUSSION
The Public Works & Utilities’ Water Distribution Division is responsible for the transmission, storage, and distribution of potable water and recycled water. It maintains and operates all water facilities and wastewater lift stations, collects water meter reading data and meter maintenance, performs field customer service, maintains and repairs the water distribution system mains, and installs new utility services.
The City’s water system currently has one 16-inch plunger valve in service, which has exceeded performance expectations since installation four years ago. The plunger valves are an essential component and a highly specialized item that control and reduce the pressure in approximately 84% of the City’s water service area. Staff recommends adding a second 16-inch plunger valve and purchasing another as a spare due to their importance in controlling the pressure of such a
large portion of the distribution system and the long lead-time associated with their purchase.
There are a limited number of manufacturers that produce these valves. The timely purchase of these made to order valves is paramount as the current lead-time is approximately six months. Staff obtained three quotes for this purchase and recommends to proceed with the lowest bidder, Core & Main LP. While the valves are a substantial investment, the cost savings in reducing stress in the distribution system, thereby extending the service life of piping, make them cost effective. The plunger valves installation is part of the CIP Project 250-Foot Zone for Pressure Reducing Strategy at Decoto. The goal of the project is to reduce overall water loss and to be able to operate the 250-foot zone tanks without disruptions and the need for reducing water level of the tanks.
ECONOMIC IMPACT
By investing in a second plunger valve, the City can continue to provide quality water service to its residents and businesses, while maintaining an efficient water distribution system.
FISCAL IMPACT
There is sufficient funding in the Water Improvement Fund (Fund 604) to cover the cost of the equipment, as the FY 2024 budget included $200,000 in CIP Project No. 07074 - 250-Foot Zone for Pressure Reducing Strategy at Decoto. The valves will be installed by City employees.
The cost of these plunger valves, as quoted by Core & Main LP, is approximately $155,850.
There will be no impact on the General Fund.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.
SUSTAINABILITY FEATURES
The purchase of the two plunger valves will help ensure water pressure reduction and control is managed efficiently which will help conserve essential water resources for the City.
PUBLIC CONTACT
The purchase of this equipment requires no public contact.
NEXT STEPS
If Council approves, staff will purchase two plunger valves for CIP Project No. 07074 in an amount not-to-exceed $155,850.
Prepared by: Marissa Matta, Management Analyst
Bert Weiss, Utilities Operations and Maintenance Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
______________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-
Introduced by Council Member
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PURCHASE OF TWO PLUNGER VALVES FROM CORE & MAIN LP IN AN AMOUNT NOT-TO-EXCEED $155,850 AS PART OF THE 250 -FOOT ZONE FOR PRESSURE REDUCING STRATEGY AT DECOTO PUMP STATION PROJECT NO. 07074
WHEREAS, the Utilities Division staff utilize plunger valves to control and regulate water flow and pressure; and
WHEREAS, staff recommends adding a second 16-inch plunger valve and purchasing another as a spare due to their importance in controlling the pressure of such a large portion of the distribution system and the long lead-time associated with their purchase; and
WHEREAS, Council has previously approved funding for this purchase as part of the FY24 Capital Improvement Program (CIP) 250-Foot Zone for Pressure Reducing Strategy at the Decoto Pump Station Project No. 07074; and
WHEREAS, by investing in the two plunger valves, the City can continue to provide quality water service to its residents and businesses, while maintaining an efficient water distribution system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to proceed with the purchase of two plunger valves from Core & Main LP in an amount not to exceed $155,850.
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 #: CONS 23-654
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project No. 07760
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements - Phase II project.
SUMMARY
The WPCF core infrastructure was originally constructed in 1952 to treat wastewater flows from the City of Hayward’sresidents and businesses prior to discharge into the San Francisco Bay. Over the years, the WPCF has undergone several major upgrades to meet more stringent discharge requirements, as well as increasing capacity as the City’s population and industry has grown. The WPCF now treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay (Bay).
In May 2019, the San Francisco Bay Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the Bay. In June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan (Facilities Plan), to identify improvements required for the WPCF to upgrade its treatment process to incorporate nutrient reduction in the treated effluent to meet the upcoming requirements. In July 2022, Council authorized design and engineering services with Brown & Caldwell for the WPCF Improvements - Phase II Project (Phase II Project).
Staff are exploring funding opportunities for the Phase II Project, including the U.S. Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) loan program. This program offers funding for water infrastructure projects for up to 49% of project costs. The first step of the WIFIA loan application involves a Letter of Interest (LOI). The LOI provides information to demonstrate the borrower’s project eligibility, financial creditworthiness, engineering feasibility, and CITY OF HAYWARD Printed on 12/8/2023Page 1 of 2
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File #:CONS 23-654
demonstrate the borrower’s project eligibility, financial creditworthiness, engineering feasibility, and alignment with EPA’spolicy priorities. A signed resolution from Council is required as an attachment to the LOI form.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 2 of 2
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Authorizing the City Manager to Apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project No. 07760
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Pollution Control Facility (WPCF) Improvements – Phase II project.
SUMMARY
The WPCF core infrastructure was originally constructed in 1952 to treat wastewater flows from the City of Hayward’s residents and businesses prior to discharge into the San Francisco Bay. Over the years, the WPCF has undergone several major upgrades to meet more stringent discharge requirements, as well as increasing capacity as the City’s population and industry has grown. The WPCF now treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay (Bay).
In May 2019, the San Francisco Bay Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the Bay. In June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan (Facilities Plan), to identify improvements required for the WPCF to upgrade its treatment process to incorporate nutrient reduction in the treated effluent to meet the upcoming requirements. In July 2022, Council authorized design and engineering services with Brown & Caldwell for the WPCF Improvements – Phase II Project (Phase II Project).
Staff are exploring funding opportunities for the Phase II Project, including the U.S.
Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act
(WIFIA) loan program. This program offers funding for water infrastructure projects for up to 49% of project costs. The first step of the WIFIA loan application involves a Letter of Interest (LOI). The LOI provides information to demonstrate the borrower’s project eligibility, financial creditworthiness, engineering feasibility, and alignment with EPA’s policy priorities. A signed resolution from Council is required as an attachment to the LOI form.
BACKGROUND
In March 2022, staff issued requests for proposals and selected Brown and Caldwell to perform final design services and engineering services during construction for the project.
Staff negotiated the scope and not-to-exceed fee for the project in the amount of $24,737,324 which includes preliminary and final design services, bid period services, engineering services during construction, optional services, and design contingency. The project will be constructed in three separate bid packages; the first bid package will include the Administration Building and Laboratory, the second bid package will be for the Primary Effluent EQ Tanks Project, and the third bid package will be for the remaining WPCF Improvements – Phase II which includes the biological nutrient removal process upgrades.
On July 5, 20221, Council authorized an agreement with Brown and Caldwell (B&C) in an amount not-to-exceed $3,849,711 for preliminary design services for the Phase II Project.
Preliminary design for the entire project will be complete in December 2023.
Early bid packages are required for the Administration Building Project and the Primary Effluent Equalization (EQ) Tanks Project. On December 6, 20222, Council authorized an amendment to the Professional Services Agreement (PSA) with B&C to increase the contract amount by $4,800,000 to $8,649,711, which included authorizing final design of the Administration Building and Primary Effluent EQ Tanks Projects, as well as the geotechnical investigation for the WPCF Improvements – Phase II Project.
On December 5, 2023, Council authorized amending the professional services agreement with Brown and Caldwell to increase the contract amount by $8,023,1176 to a not-to- exceed amount of $16,672,827 for final design services and authorized use of contingency funds for design of the existing final clarifiers retrofit.
The total estimated construction cost for the entire project including the Administration Building, Primary Effluent Equalization Tanks, and the Phase II Project is estimated to be $239 million with a range of $173 to $350 million reflecting a range of accuracy in the estimate based on the level of design. A cost breakdown is summarized in Table 1.
The upcoming regulatory requirements and cost of implementing biological nutrient removal facilities is not unique to the City. Other agencies are also implementing similar improvements including the City of Palo Alto (construction cost of $193 million), City of
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5714864&GUID=9ED75AE9-FFB6-4BC4-ACD9- 915A6B3F458B&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=5955245&GUID=00AFFC5A-9512-4A36-8AF4-D7F5022920FD&Options=&Search=
Sunnyvale (construction cost of $278 million), and Union Sanitary District (planning level cost $482 million for their secondary treatment upgrades).
DISCUSSION
WIFIA funding is available for construction and other eligible costs including planning, design, and construction management costs related to the eligible project. Assuming the upper range of the estimated project cost ($350 million) and adding planning, design, engineering services during construction, and estimated construction management fees, the total project cost eligible for funding is estimated to be $410 million. Of the total project cost, 49% of the total cost is eligible for WIFIA funding. Therefore, staff intends to apply for approximately $200 million in WIFIA loan funding for the entire project. Although the upper range of the estimated construction cost estimate at $350 million is conservative, staff recommends applying for a loan based on the upper range of the cost estimate rather than the mid-range cost estimate. The total loan amount can be adjusted as the application progresses and as the project costs are further refined. There are no penalties for not withdrawing the total WIFIA loan amount, and the City can reduce the loan amount up to the loan closing; however, requesting additional funding from WIFIA prior to loan closing is more challenging, can result in delays, and is not recommended. Furthermore, an amendment to the WIFIA loan agreement would be necessary if additional funds are needed after the agreement is fully executed, and a new application and beginning the loan application process over again would then be required. The exact amount of funding is still to be determined as project costs are further refined.
The EPA-administered WIFIA program is a federal loan and guarantee program that aims to accelerate investment in water infrastructure by providing low interest (based on the U.S. Treasury rate on the date of loan closing), fixed rate financing for planning, design, and construction of large dollar water and wastewater infrastructure projects. The WIFIA loan can fund up to 49% of eligible project costs. Other benefits of the WIFIA program include:
WIFIA can fund multiple projects under a single loan. Phase II (all three construction packages) can be included in one WIFIA loan application and funded via one loan.
Ability to fund large infrastructure projects that exceed funding limits for other programs such as the Clean Water State Revolving Fund Loan (CWSRF) program. Low, fixed interest rate calculated using the weighted average life (WAL) of the loan rather than the loan maturity date. The WAL is usually shorter than the loan’s actual length resulting in a lower interest rate.
Borrowers benefit from AAA Treasury rate as WIFIA loan interest rates are not risk-adjusted based on borrower’s credit or loan structure. Opportunity for a one-time reset to the interest rate allowing borrowers to negotiate a lower interest rate as market conditions change. Borrowers may defer payments for up to 5-years after the project’s substantial completion; for a package of projects, this would be triggered by the construction completion of the last project in the package.
Customized repayment schedule provides flexibility to implement a phased approach to rate increases over a longer duration, which minimizes impacts to ratepayers.
For the remaining project costs, staff will seek $50 million in funding from CWSRF in fiscal year 2025 and will sell municipal bonds for the remaining balance.
The WIFIA application consists of a two-step application process. The first step in the WIFIA application process is to submit a Letter of Interest (LOI). The purpose of the LOI is for prospective borrowers to provide information to demonstrate its project eligibility, financial creditworthiness, engineering feasibility, and alignment with EPA’s policy priorities. If the EPA selects the project, then the prospective borrower is then invited to submit an application. Staff will submit the WIFIA LOI in January 2024. The second step includes up to 365 days to submit the loan application from the date of invitation to apply, and coordinating with EPA staff on project technical, environmental, and financial review.
A $100,000 application fee is due at submittal. Although this fee is nonrefundable, it is credited towards the credit processing fee. The credit processing fee varies with project complexity and risk, and typically ranges between $150,000 to $300,000. The application fee can be included in the loan amount.
The LOI requires an authorized signature and resolution to apply for the WIFIA loan. Staff requests that Council authorize the City Manager to sign the WIFIA Letter of Interest and subsequent application, and for the City Manager to be the authorized representative for the City in carrying out the City’s responsibilities under the Letter of Interest and Financial Assistance Application including compliance with applicable state and federal laws.
Environmental Review
Staff are seeking funding assistance under both the California Clean Water State Revolving Fund (CWSRF) loan program and the U.S. Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) program. As part of that effort, an environmental review of the Project will be performed including CEQA+ documentation as required by the CWSRF and WIFIA funding applications.
ECONOMIC IMPACT
Many of the Phase II improvements were identified in the 2014 Master Plan update and funded in the adopted Capital Improvement Program. The Phase II Project includes a new biological nutrient removal facility to address the nutrient load limits in the 2nd watershed permit, as well as related projects from the City’s CIP. This proactive approach will result in the City being identified as an “early actor” by the Water Board and provide protection against having to implement additional, potentially more costly improvements if the regulations change.
The total estimated construction cost for the project at the planning stage was estimated to be between $125 and $169 million. The costs have been further refined during the
preliminary design effort that is currently underway. The current estimated construction cost for the project is now estimated to be between $173 and $350 million (see summary of construction costs presented in Table 1). It is anticipated that these improvements will affect sewer service rates and sewer connection fees; however, the extent to which rates will need to be adjusted cannot be determined with certainty at this point. It is anticipated that customers could see a significant impact of 20% or more over the current rates.
Funding assistance for the project is included in the consultants’ scope of work. Funding efforts will pursue financing under both the CWSRF loan program and the WIFIA program.
WIFIA funding is typically at a slightly higher interest rate than SRF; however, the payback period is deferred by up to 5 years after substantial completion of the project. SRF loans payback period begins one year after substantial completion. Up to 49% of the project cost is eligible under WIFIA funding; therefore, staff will pursue both avenues of funding as part of this project.
Table 1 – Estimated Construction Cost(1)(2)
Project Element Estimated Construction Cost
New Grit Facility $ 21.0 million
Range $15 - $32 million
New Primary Equalization (PE EQ) Tanks $21.3 million
Range $15 - $32 million
Nutrient Upgrades $133.7 million
Range $94 – 201 million
Existing Final Clarifiers Retrofits $25.1 million
Range 18 – 38 million
New Administration Building and Laboratory $31.9 million Range $27 - $38 million
Site Waste Pump Station (SWPS) Improvements $1.5 million Range 1.0 to 2.2 million
3W System Upgrades $4.8 million
Range 3.4 to 7.2 million
Total Estimated Construction Cost $239 million
Range $173 to $350 million
Notes:
(1) Soft costs including design, engineering services during construction, construction management, inspection, materials testing, etc. are not included in the above costs. (2) Range reflects the accuracy of the estimate based on the level of design at the preliminary design stage (Class 4) with a typical level of accuracy between -30% to +50%. The Administration Building and Laboratory estimate is more refined (Class 2) with a typical level of accuracy between -15% to +20%.
FISCAL IMPACT
In exploring funding opportunities, staff engaged the City’s financial advisor, NHA Advisors, to discuss funding options, including applying for a CWSRF loan and funding from WIFIA to finance the project. Staff intends to apply for a CWSRF loan, and funding from WIFIA to finance the project, as well as selling bonds. WIFIA funding can be applied to fund multiple projects, as well as retroactively reimburse for engineering design services; however, it will
only cover 49% of the project cost. Only the Phase II project is likely to score high enough to be eligible for CWSRF funding, loans are currently limited to $50 million in the FY 23-24 funding cycle, and competition is very high with many projects already included on the eligible funding list ahead of the City’s project. Further CWSRF has announced a funding hiatus that will be in effect for several years starting in FY 25; therefore staff are pursuing financing through bonds as part of the funding strategy. Staff will continue to engage NHA Advisors when applicable, and will continue to seek grants as well.
STRATEGIC ROADMAP
This agenda item supports the various goals of Council’s Strategic Roadmap. The WPCF Improvements Phase II Project will address infrastructure needs and improvements to increase the reliability of the City’s treatment plant, and construct process improvements to meet more stringent nutrient limits in accordance with upcoming regulatory requirements, while supporting the goals of the City Council. Specifically, this item relates to the implementation of the following projects:
Confront Climate Crises & Champion Environmental Justice.
Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C14b: Implement Shoreline Master Plan, including mitigating sea level rise in the industrial corridor through building requirements and outreach
Invest in Infrastructure.
Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers Project N19: Update Water Pollution Control Facility Phase II Plan
SUSTAINABILITY FEATURES
The WPCF Improvement Project Phase II will help maintain and improve the biology and health of the Bay which is vital for the region and the State. The Phase II Project will also satisfy the early actor requirements specified in the Water Board’s 2nd Watershed Permit to reduce nitrogen loads to the Bay.
The effects and risks of rising sea water levels will be reviewed and incorporated into the design of the new facilities.
The Administration and Laboratory Building will be reviewed by the Building Division for conformance with State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.) which require a minimal level of energy efficiency, resource conservation, material recycling, etc. In addition, the building will be designed and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification, or better.
PUBLIC CONTACT
As part of the funding process, an environmental study (CEQA and/or Initial Study and Mitigated Negative Declaration) will be posted for public review and comment. In addition, a public hearing will be held to review the environmental study.
The project will include a web page to be hosted on the City’s website with periodic updates throughout the multi-year duration of the project.
NEXT STEPS
The following schedule has been developed for this project:
City Council Authorization to Award Final Design and
Engineering Services During Construction for the Phase II Project
December 2023
Finalize and Submit WIFIA Letter of Interest January 2024 Award of Professional Services Agreement for Third Party Construction Management including Value Engineering and Constructability Review for the Phase II Project
February 2024
Approval of Environmental Study – IS/MND or CEQA July 2024 Approval of Plans and Specifications and Call for Bids for the Administration and Laboratory Building
August 2024
Finalize and Submit WIFIA Application August 2024
Submit CWSRF Application July 2024
Award of Construction Contract for the Administration and Laboratory Building Project
October 2024
Approval of Plans and Specifications and Call for Bids for the EQ Basin Relocation Project
September 2024
Award of Construction Contract for the EQ Basin Relocation Project
November 2024
Approval of Application for WIFIA Loan January 2025
WIFIA Loan Fully Funded February 2025
Approval of Plans and Specifications and Call for Bids for the Phase II Improvements Project
April 2025
Award of Construction Contract for the Phase II
Improvements Project
July 2025
CWSRF Loan Fully Funded October 2025
Administration and Laboratory Building Project
Construction Completion
October 2026
EQ Basin Relocation Project Construction Completion February 2027 Phase II Improvements Project Construction Completion January 2029
Prepared by: Suzan England, Utilities Engineering Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) WATER
INFRASTRUCTURE FINANCE AND INNOVATION ACT (WIFIA) LOAN FOR THE WATER POLLUTION CONTROL FACILITY ( WPCF) IMPROVEMENTS – PHASE II PROJECT NO. 07760
WHEREAS, the City of Hayward (City) owns and operates the Water Pollution Control Facility (WPCF), which treats an average flow of approximately eleven million gallons per day; and
WHEREAS, increasing nutrient loadings in the Bay is a growing concern for the Bay Area water quality community. The Wa ter Board issued the first Nutrients Watershed Permit, adopted in 2014, that required Dischargers to evaluate the Bay’s response to current and future nutrient loads and to evaluate opportunities to remove nitrogen through treatment plant improvements or optimization; and
WHEREAS, on May 8, 2019, the Water Board adopted the 2nd Nutrients Watershed Permit for managing nutrient discharges to the Bay wherein the City of Hayward is listed as an early adopter pledging to reduce nitrogen in its effluent ahead of the Water Board issuing the 3rd Nutrients Watershed Permit in 2024; and
WHEREAS, the main goal of the Phase II Project is to construct improvements necessary for nutrient removal in compliance with the Water Board’s 2nd Nutrient Watershed Permit early actor provisions; and
WHEREAS, on March 15, 2022, staff issued a request for proposals (RFP) to award a contract for design and engineering services during construction for the WPCF Improvement - Phase II (Phase II) Project; and
WHEREAS, the City and Brown and Caldwell have negotiated a not-to-exceed amount of twenty -four million seven hundred thirty-seven thousand three hundred twenty -four dollars ($24,737,324); and
ATTACHMENT II
WHEREAS, on July 5, 2022, Council authorized preliminary design services for the Phase II project with Brown and Caldwell in a not -to-exceed amount of three million eight hundred forty-nine thousand seven hundred eleven dollars ($3,849,711) for the WPCF Phase II Project, and
WHEREAS, on December 6, 2022, Counci l authorized final design of the early bid packages for the Administration and Laboratory Building, and Primary Effluent Equalization Tanks (EQ Tanks) Projects, and Geotechnical Investigation Services in the amount of four million eight hundred thousand do llars ($4,800,000) increasing the contract authorized limit to $8,649,711; and
WHEREAS, on December 5, 2023, Council authorize d amending the professional services agreement with Brown and Caldwell to increase the contract amount by $8,023,117 to a not -to-exceed amount of $16,672,827 for final design services and authorized use of contingency funds for design of the existing final clarifiers retrofit; and
WHEREAS, the City and Brown and Caldwell will pursue financing under the California Clean Water State Revolving Fund (CWSRF) loan program and the U.S.
Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) program; and
WHEREAS, as required by the Environmental Protection Agency (EPA) Wat er Infrastructure Finance and Innovation Act (WIFIA) loan application, the Authorized Representative, or designee, must sign and file, for an on behalf of the City of Hayward, a Financial Assistance Application, for a financing agreement from the EPA for the planning, design, and construction of the WPCF Phase 2 Improvements Project; and
WHEREAS, the Authorized Representative , or designee, is designated to provide assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the Environmental Protection Agency and any amendments or changes thereto; and
WHEREAS, the Authorized Representative, or designee, is designated to represent the City in carrying out the C ity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to apply for the United State Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan, in the amount of $200 million, for the WPCF Improvements – Phase II Project.
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 #: CONS 23-657
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $515,000 in Awarded Transportation Fund for Clean Air Funding from the Alameda County Transportation Commission for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project for Construction of Traffic Signal Infrastructure and Implementation of Adaptive Signal Timing
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $515,000 from the Alameda County Transportation Commission for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project.
SUMMARY
The Transportation Fund for Clean Air (TFCA) is distributed by the Bay Area Air Quality Management District (BAAQMD) and is regionally managed by the Alameda County Transportation Commission (ACTC). City staff applied for this annual funding source and was awarded $515,000 to upgrade traffic signal infrastructure and implement adaptive signal timing on the Winton Avenue/D Street and Tennyson Road corridors. Staff recommends adopting the resolution to accept and appropriate the awarded funding from ACTC. The City will contribute $297,000 of funding from Measure BB Local Transportation Fund 212 and Transportation System Improvement Fund 460 to the project.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $515,000 in Awarded Transportation Fund for Clean Air Funding from the Alameda County Transportation Commission for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project for Construction of Traffic Signal Infrastructure and Implementation of Adaptive Signal Timing
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $515,000 from the Alameda County Transportation Commission for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project.
SUMMARY
The Transportation Fund for Clean Air (TFCA) is distributed by the Bay Area Air Quality Management District (BAAQMD) and is regionally managed by the Alameda County Transportation Commission (ACTC). City staff applied for this annual funding source and was awarded $515,000 to upgrade traffic signal infrastructure and implement adaptive signal timing on the Winton Avenue/D Street and Tennyson Road corridors. Staff recommends adopting the resolution to accept and appropriate the awarded funding from ACTC. The City will contribute $297,000 of funding from Measure BB Local Transportation Fund 212 and Transportation System Improvement Fund 460 to the project.
BACKGROUND
State law permits BAAQMD to collect a fee of four dollars per vehicle per year with annual registration fees to reduce air pollution from motor vehicles. The fee provides revenues for the TFCA, which is distributed by BAAQMD at the regional and county levels. Forty percent of the annual funding from BAAQMD is allocated for programming and in turn is allocated by the program manager for each county. ACTC is the TFCA Program Manager for Alameda County.
Only projects that result in the reduction of motor vehicle emissions are eligible for TFCA funding. Projects must achieve surplus emission reductions beyond what is currently required through regulations, ordinances, contracts, or other legally binding obligations.
In August of 2023, City staff applied for TFCA funding through the arterial management category of projects. The City’s request for funding for an arterial management project required a case-by-case approval from the BAAQMD Board. Arterial management projects are no longer specifically identified in the current BAAQMD TFCA CPM policies, having been recently removed, but they are still identified in the TFCA authorizing legislation. Alameda CTC and BAAQMD staff found the City’s proposed project to be cost-effective to receive $515,000.
The TFCA cost-effectiveness for this project is calculated to be $249,698/ton. The TFCA cost- effectiveness is a ratio of the TFCA funds awarded to the sum of surplus emissions (in weighted tons) reduced during a project’s operational period. Of the seven total City/County projects on the TFCA 2023-24 program list, this project ranks as the third most effective at reducing emissions. ACTC, City of Hayward, and BAAQMD staff coordinated to bring the request to the BAAQMD Board, which granted its approval on November 1, 2023.
On November 9, 2023, ACTC staff included the project in the recommended County draft TFCA 2023-24 program to the Alameda County Technical Advisory Committee and on November 13, 2023, to the Programs and Projects Committee. The TFCA 2023-24 program was approved by the ACTC Board on December 7, 2023.
DISCUSSION
Both the Winton Avenue/D Street and Tennyson Road corridors would receive adaptive signal timing systems with this project. Adaptive signal timing optimizes signal timing dynamically in response to variations in traffic volume. Most traffic signals without adaptive timing need to have timing plans manually set, requiring additional staff and maintenance costs. Optimized timing plans will result in reduced congestion, pollution, and greenhouse gas emissions. To meet the requirements to implement an adaptive timing system, a portion of the funding will be used to modernize the City’s traffic signal infrastructure on the Winton Avenue/D Street corridor. These upgrades will include new traffic signal controllers, video detection cameras, and communications equipment. Tennyson Road will not need any additional infrastructure upgrades to implement adaptive signal timing. By keeping the City’s traffic signal infrastructure up to date, the City will be better positioned to pursue other technologies in the future, including transit-signal priority, automated traffic signal performance measures, and connected vehicle technologies.
A funding agreement with ACTC will need to be executed following the approval of this resolution. Of the expected $812,000 total project cost, ACTC will contribute $515,000 to the construction of the project. The City is required to contribute a twenty-five percent match of the $515,000 and any additional amount to cover the remaining project costs. Therefore, the total City construction contribution will be $297,000. There will be additional design costs required of the City, which will be completed outside of the scope of the TFCA program.
ECONOMIC IMPACT
Residents, employers, and employees in the City will benefit from this project through travel time reductions due to dynamically optimized signal timing. Excessive congestion has been shown to negatively affect mobility, job growth, and worker productivity. Reducing congestion will aid in maintaining the region’s economic competitiveness, while also reducing
pollution and greenhouse gas emissions, which are related to negative health and environmental consequences.
FISCAL IMPACT
There is no impact to the General Fund. The $297,000 funding provided by the City will come from Measure BB Local Transportation Fund 212 and Transportation System Improvement Fund 460.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice. This item specifically relates to the following Project:
Project C1: Implement Year 1 Programs from adopted GHG Roadmap (Climate Action Plan)
SUSTAINABILITY FEATURES
This funding will result in physical upgrades to the traffic signal infrastructure on the Winton Avenue/D Street corridor and the purchase and implementation of an adaptive signal timing system for Winton Avenue/D Street and Tennyson Road corridors. These actions are aligned with the adopted Climate Action Plan Program M 9: Improved Traffic Flow Program: “The City shall work with the Metropolitan Transportation Commission and the Alameda County Transportation Commission to plan and obtain funding for projects that improve traffic flow on arterials and reduce vehicle idling.”
PUBLIC CONTACT
No public contact has been made related to this agenda item.
NEXT STEPS
If Council approves this request, the City Manager will enter into a funding agreement with ACTC for a total amount of $515,000 TFCA funds. Once the funding agreement is executed, TFCA funds will be available to reimburse project costs.
Prepared by: Byron Tang, Senior Transportation Engineer Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
___________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS FROM
THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR WINTON
AVENUE/D ST REET AND TENNYSON ROAD CORRIDORS SIGNAL TIMING
PROJECT FOR CONSTRUCTION OF TRAFFIC SIGNAL INFRASTRUCTURE AND
IMPLEMENTATION OF ADAPTIVE SIGNAL TIMING
WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefi t the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, CMA -TIP, and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced h erein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, The CITY OF HAYWARD (“FUND RECIPIENT”) submitted a funding application (“APPLICATION”) to the ALAMEDA COUNTY TRANSPORTATION COMMISSION (“ALAMEDA CTC”) for the Tennyson Road and Winton Avenue/D Street Signal Coordination Project (“PROJECT”); and
WHEREAS, by action of the ALAMEDA CTC Commission as its meeting held on December 7 , 2023 , ALAMEDA CTC awarded $515,000 in ALAMEDA CTC ADMINISTERED FUNDS to the FUND RECIPIENT for the implementation and d elivery of the construction phase of PROJECT; and
WHEREAS, prior to receipt of any ALAMEDA CTC ADMINISTERED FUNDS, FUND RECIPIENT shall be required to enter into a Project Funding Agreement with ALAMEDA CTC for the PROJECT (“AGREEMENT”) based on ALAMEDA CTC’s form therefor, which AGREEMENT shall set forth certain project-specific requirements applicable to the PROJECT; and.
WHEREAS, as part of the requirements to receive ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT, ALAMEDA CTC requires a resolution accepting the awarded funding to be adopted by the FUND RECIPIENT’s governing body confirming the following:
1. FUND RECIPIENT’s commitment to secure matching funds against the awarded ALAMEDA CTC ADMINISTERED FUNDS; and
2. FUND RECIPIENT’s commitment to provide any additional funding required to deliver the AWARDED PHASE(S) OF PROJECT, with an understanding the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and
ATTACHMENT II
3. FUND RECIPIENT’s commitment to implement the AWARDED PHASE(S) of PROJECT as described in the funding application and the subsequent funding agreement between ALAMEDA CTC and the FUND RECIPIENT; and
4. FUND RECIPIENT’s commitment to comply with the AGREEMENT; and
5. FUND RECIPIENT’s commitment to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts.
NOW, THEREFORE, BE IT RESOLVED that FUND RECIPIENT agrees to accept award of $515,000 in ALAMEDA CTC ADMINISTERED FUNDS;
NOW, THEREFORE, BE IT RESOLVED that FUND RECIPIENT, by adopting this resolution, does hereby state that:
1. FUND RECIPIENT will provide a minimum of $172,000 in matching funds anticipated to be from Measure BB Local Transportation Fund 212 and Transportation System Improvement Fund 460; and
2. FUND RECIPIENT understands that FUND RECIPIENT shall be responsible to provide any additional funding required to deliver the AWARDED PHASE(S) OF PROJECT, and the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and
3. AWARDED PHASE(S) of PROJECT will be implemented as described in the APPLICATION, AGREEMENT, and in this resolution; and
4. FUND RECIPIENT will comply with the AGREEMENT; and
5. FUND RECIPIENT will comply with the applicable requirements set forth in ALAMEDA CTC’s LBCE Program;
NOW, BE IT RESOLVED that the City Council hereby finds and determines as follows:
NOW, THEREFORE, BE IT RESOLVED that F UND RECIPIENT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect FUND RECIPIENT’s ability to implement and deliver the proposed PROJECT; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Counc il of the City of Hayward hereby approves the amendment of the FY 2024 Budget Resolution to appropriate $515,000 in funding from ACTC.
NOW, THEREFORE, BE IT FURTHER RESOLVED that FUND RECIPIENT authorizes its City Manager, or designee, to execute the AGREEMENT.
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 #: CONS 23-659
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Hayward Police Department Locker Room Building Project No. 06926
RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications and call for bids for the Hayward Police Department (HPD) Locker Room Building Project No. 06926.
SUMMARY
The existing locker room facilities for HPD personnel housed inside the HPD building are inadequate in terms of space and amenities and in very poor condition. The new locker room is designed for separated use by both male and female police officers, other employees and visitors, as well as to allow for greater social distancing in response to the recent COVID pandemic. An extension of the building located at the west side of the existing building is the ideal site for the construction of the proposed new locker room.
The attached resolution approves the plans and specifications and call for bids, which consists of constructing a new locker room building. The project budget of $7,300,000 is funded from the Measure C Capital - Fund 406.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Hayward Police Department Locker Room Building Project No. 06926
RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications and call for bids for the Hayward Police Department (HPD) Locker Room Building Project No. 06926.
SUMMARY
The existing locker room facilities for HPD personnel housed inside the HPD building are inadequate in terms of space and amenities and in very poor condition. The new locker room is designed for separated use by both male and female police officers, other employees and visitors, as well as to allow for greater social distancing in response to the recent COVID pandemic. An extension of the building located at the west side of the existing building is the ideal site for the construction of the proposed new locker room.
The attached resolution approves the plans and specifications and call for bids, which consists of constructing a new locker room building. The project budget of $7,300,000 is funded from the Measure C Capital – Fund 406.
BACKGROUND AND DISCUSSION
The existing HPD locker room is currently located on the ground floor of the HPD building. Both the male and female locker rooms are inadequate to fit the required full- size lockers as well as to accommodate the number of personnel utilizing the facilities.
The existing showers are not handicap accessible and there are no available showers for unisex facilities.
This project will construct a new locker room building annex on the west side of the existing HPD building. The new locker room will add an additional 8,228 square feet. This addition will provide separated male, female, and unisex facilities. Included will be 191 lockers, one new handicap accessible shower, and five regular showers in the male facility, 78 lockers, one new handicap accessible shower, and one regular shower in the female facility. Additionally, two new handicapped accessible unisex showers will be installed in the existing female locker room. The expansion will also include the
conversion of the existing male shower/locker room in the current building into a gym space.
On February 22, 20221, Council approved the professional services agreement with Dewberry Architects, Inc., for the design of the project.
This project is categorically exempt from environmental review under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines for the replacement or reconstruction of an existing structure with the same size, purpose, and capacity.
On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for this project is more than $1,000,000, the CWA applies to this project.
FISCAL IMPACT
The Adopted FY24 Capital Improvement Program (CIP) includes $7,300,000 for this project in the Measure C Capital – Fund 406.
The estimated project costs are as follows:
Construction Contract (Estimate - will be replaced with actual low bid before Council action)
$6,000,000
Construction Contingency $564,500
Design and Administration $500,000
Construction Survey, Inspection and Testing $500,000
TOTAL $7,564,500
Any necessary budget adjustments required upon completion of the final bid will be presented to Council for consideration and approval to increase the budget appropriation for this project.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure, though not a specific project.
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SUSTAINABILITY FEATURES
This project will create a comfortable, modern and functional work environment for police officers, other employees and visitor that will incorporate energy efficient and sustainable features.
PUBLIC CONTACT
Immediately after the construction contract is awarded, a preliminary notice explaining the project will be posted and distributed to all residents in the surrounding neighborhood.
SCHEDULE
The following is the tentative schedule for this project:
Opening of Bids January 16, 2024
Construction Award January 30, 2024
Start of Construction February 2024
Target Completion January 2025
NEXT STEPS
If Council approves, the project will be advertised for bidding to qualified contractors.
Prepared by: Hector M. Leuterio, Assistant Civil Engineer Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
__________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-_____
Introduced by Council Member
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND CALL FOR
BIDS FOR THE HAYWARD POLICE DEPARTMENT LOCKER ROOM BUILDING, PROJECT NO. 06926
WHEREAS, those certain plans and specifications for Hayward Police Department (HPD) Locker Room Building, Project No. 06926 on file in the office of the City Clerk, are hereby adopted as plans and specifications for the project; and
WHEREAS, the City Clerk is he reby directed to cause a notice calling for bids for the required work and materials to be made in the form and manner provided by law; and
WHEREAS, sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B Street, First Floor, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday January 16, 2024 and immediately thereafter publicly opened and declared by the City Clerk in the Rotunda, First Floor, at City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same.
BE IT FURTHER RESOLVED that the project is categorically exempt for environmental review under Section 15301(c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.
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 #: CONS 23-670
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Appropriate Additional Funds in the Amount of $120,000 from Transportation System Improvement - Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to appropriate additional funds in the amount of $120,000 from Transportation System Improvement - Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737.
SUMMARY
The City was awarded a Highway Safety Improvement Program (HSIP) grant in the amount of $774,900 toward the construction portion of the total project cost of $965,000, for the Traffic Signal Modification for Huntwood/Industrial and Huntwood/Sandoval Intersection Project (Project). On October 25, 2022, Council approved the award for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737 to W.
Bradley Electric, Inc., in the amount of $861,000. The current estimated cost for Project No. 05737 is $1,085,000, which exceeds the amount previously appropriated by $120,000. As a result of the construction bids, additional funding is now needed.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Appropriat e Additional Funds in the Amount of $120,000 from Transportation System Improvement – Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737
RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the City Manager to appropriate additional funds in the amount of $120,000 from Transportation System Improvement – Fund 460 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737.
SUMMARY
The City was awarded a Highway Safety Improvement Program (HSIP) grant in the amount of $774,900 toward the construction portion of the total project cost of $965,000, for the Traffic Signal Modification for Huntwood/Industrial and Huntwood/Sandoval Intersection Project (Project). On October 25, 20221, Council approved the award for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737 to W. Bradley Electric, Inc., in the amount of $861,000. The current estimated cost for Project No. 05737 is $1,085,000, which exceeds the amount previously appropriated by $120,000. As a result of the construction bids, additional funding is now needed.
BACKGROUND AND DISCUSSION
The City received several complaints from concerned residents and motorists in the past five years regarding traffic queuing, delays, and safety of pedestrians and bicycles at the intersection of Huntwood Avenue/Industrial Parkway West and Huntwood Avenue/Sandoval Way. To alleviate the worsening traffic conditions, traffic signal improvements were undertaken with the installation of signal interconnect, which added the ability to activate simultaneous serving of the northbound phases at the two intersections. The improvement helped in traffic queue reduction, but did not fully address the problem. Thus, a more comprehensive signal modification is needed to resolve the traffic issues. Staff applied for and was awarded2 the HSIP grant to fund additional traffic
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signal modifications.
Further traffic operational analysis was conducted to determine resolution to traffic concerns, with the following recommendations for the two intersections:
1. Install protected left-turn phase at Huntwood Avenue/Industrial Parkway West;
2. Install protected-permissive left-turn phase at Huntwood Avenue/Sandoval Way;
3. Install Hybrid Video Detection for bikes and queue cutters; and
4. Upgrade Peer-to-Peer Communications, which allows the traffic system to communicate effectively on collision warning and collision avoidance.
Modifying the existing signal operations with protected left-turn phasing will reduce traffic delays and queuing at the intersections, thereby reducing driver frustration and non- adherence to traffic controls, which helps in reducing collisions and improve pedestrian and bicycle safety. The installation of video bicycle detection will ensure detection, service of bicyclist and sufficient green intervals improving bicycle safety. Upgrading existing communication between the two intersections and queue clearance detention before the railroad tracks will also help reduce traffic queue and spillover onto the railroad tracks preventing potential hazardous situations.
The project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines for the operation, repair, maintenance or minor alteration of existing facilities.
On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. Because the construction cost estimate for this project is less than $1,000,000, the CWA agreement does not apply.
ECONOMIC IMPACT
The overall transportation system will be more efficient by reducing travel time and creating positive economic and health benefits and reducing greenhouse gas emissions.
FISCAL IMPACT
This project has a total appropriated project budget of $965,000 from the City’s Transportation System Improvement Fund (Fund 460), leaving the need for an additional $120,000 necessary to complete the project. The grant funding will reimburse construction costs in the amount of $774,900.
The estimated project costs are as follows:
Construction Contract $861,000
Construction Contingency 120,000
Design and Administration 75,000
Inspection, Survey and Construction Management 29,000
PROJECT TOTAL $1,085,000
Highway Safety Improvement Program (HSIP)
Grant
$(774,900)
TOTAL ESTIMATED EXPENSE $310,100
Staff is proposing to use fund balance from Fund 406 to cover the additional costs, resulting in no impact to the General Fund.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate specifically to any of the Council’s Strategic Priorities. However, it does support overall infrastructure investments.
SUSTAINABILITY FEATURES:
There are no sustainability features associated with this action.
PUBLIC CONTACT
There is no public contact associated with this action.
SCHEDULE
The estimated schedule for this project is as follows:
NEXT STEPS
If Council approves, staff will appropriate $120,000 the Transportation System Improvement – Fund 460.
Prepared by: Hector M. Leuterio, Assistant Civil Engineer Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
__________________________________________
Kelly McAdoo, City Manager
Start of Construction September 11, 2023
Complete Construction December 29, 2023
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-
Introduced by Council Member
RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROPRIATE $120,000 FROM TRANSPORTATION SYSTEM IMPROVEMENT (FUND 460) TO THE TRAFFIC SIGNAL UPGRADE AT HUNTWOOD AVENUE, PROJECT NO. 05737
WHEREAS, by Resolution No. 21-189 on September 28, 2021 , the City Council authorized the City Manager to accept the grant funds and appropriate a total budget of $965,000 for the total project cost for the Traffic Signal Upgrade at Huntwood Avenue; and
WHEREAS, by Resolution No. 22-227 on September 6, 2022, the City Council approved the plans and specifications for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737, and called for bids to be received on September 27, 2022; and
WHEREAS, by Resolution No. 22-258 on October 25, 2022, the City Council approved awarding the construction contract to W. Bradley Electric, Inc. , in an amount not-to-exceed $861,000; and
WHEREAS, the project total cost is estimated to be $1,085,000; and
WHEREAS, additional funds appropriated to the Project are needed to support the construction, design and administration, inspection and construction management for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Hayward hereby authorizes the amendment of the FY 2024 Budget resolution by increasing the budget appropriation in the Transportation System Improvement (Fund 460) by $120,000 for the Traffic Signal Upgrade at Huntwood Avenue, Project No. 05737.
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 #: CONS 23-672
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving Addendum Nos. 1,2,3 and 4, Rejecting the Bid from CWS Construction Group, Inc. and Awarding a Construction Contract to Rodan Builders, Inc., for The Stack Center - Phase I Project, Project No. 06960, in the Amount of $8,699,000 and Authorizing an Administrative Change Order Budget of $871,000
RECOMMENDATION
That the Council adopts a resolution (Attachment II):
(1) Approving Addendum Nos. 1,2,3, & 4 consisting of revisions to the plans and specification for The Stack Center - Phase I Project, and;
(2) Rejecting the bid from CWS Construction Group, Inc., and; (3) Awarding a construction contract for the project to Rodan Builders, Inc., in the amount of $8,699,000, and authorizing an administrative change order budget of $871,000, for a total not to- exceed contract amount of $9,570,000.
SUMMARY
Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as The Stack Center. For the past seven years, the City and its partners have worked to raise funds and define the vision for this Center.
On November 30, 2023, the project received four (4) bids. The lowest bidder, CWS Construction Group, Inc., did not meet the qualifications/experience requirements of the bid. Staff recommends that Council reject the lowest bid and award of the contract to the second lowest responsible bidder, Rodan Builders, Inc., of Hayward in the amount of $8,699,000 and authorizing an administrative change order budget of $871,000. At $8,699,000, the bid is $301,000 or 3.3% under the engineer’s estimate of $9,000,000.
The attached resolution approves the award of contract for Phase I construction, which consists of rehabilitating the existing Matt Jimenez Community Center (MJCC) and external elements surrounding the MJCC.
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File #:CONS 23-672
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 12/8/2023Page 2 of 2
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Approving Addendum Nos. 1,2,3 and 4, Rejecting the Bid from CWS Construction Group, Inc. and Awarding a Construction Contract to Rodan Builders, Inc., for The Stack Center – Phase I Project, Project No. 06960, in the Amount of $8,699,000 and Authorizing an Administrative Change Order Budget of $871,000
RECOMMENDATION
That the Council adopts a resolution (Attachment II):
(1) Approving Addendum Nos. 1,2,3, & 4 consisting of revisions to the plans and specification for The Stack Center – Phase I Project, and; (2) Rejecting the bid from CWS Construction Group, Inc., and; (3) Awarding a construction contract for the project to Rodan Builders, Inc., in the amount of $8,699,000, and authorizing an administrative change order budget of $871,000, for a total not to-exceed contract amount of $9,570,000.
SUMMARY
Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as The Stack Center. For the past seven years, the City and its partners have worked to raise funds and define the vision for this Center.
On November 30, 2023, the project received four (4) bids. The lowest bidder, CWS Construction Group, Inc., did not meet the qualifications/experience requirements of the bid. Staff recommends that Council reject the lowest bid and award of the contract to the second lowest responsible bidder, Rodan Builders, Inc., of Hayward in the amount of $8,699,000 and authorizing an administrative change order budget of $871,000. At $8,699,000, the bid is $301,000 or 3.3% under the engineer’s estimate of $9,000,000.
The attached resolution approves the award of contract for Phase I construction, which consists of rehabilitating the existing Matt Jimenez Community Center (MJCC) and external elements surrounding the MJCC.
BACKGROUND
Below is a list of major milestones for the Stack Youth and Family Center Project over the past seven years:
In July 2014, the County Board of Supervisors allocated $9.6 million from District 2’s share of one-time residual property tax funds for the Stack Center. In 2015, the City, Alameda County, and the Hayward Area Recreation and Park District (HARD) formed the Stack Center Governance Group to guide the project and obtain the necessary resources.
In June 2015, the County Board of Supervisors approved the acceptance of a $5 million grant from the Kaiser Regional Foundation. This total funding amount of $14.6 million was reduced by approximately $600,000 to help fund Mia’s Dream Park, which is located on parcels abutting the Stack Center project site. In September 2016, the Stack Center Governance Group issued a Request for Qualifications for Facility Operator and Administrator Services. On March 27, 2018, Council authorized the City Manager to execute a facility operator agreement with La Familia and Eden Youth and Family Center (EYFC). In June 2018, the City issued a Request for Proposals (RFP) for Phases I and II of the project: a community analysis, creation of a building program, and preliminary design. The City received eight proposals. The Stack Center Governance Group evaluated each proposal and ranked RDC as the highest.
On February 5, 2019, Council authorized the City Manager to execute a professional services agreement with RDC for Phases I and II work and accept $500,000 from Alameda County to cover the cost of the agreement.
On June 16, 2020, Council authorized the City Manager to execute a professional services agreement with RDC for architecture and engineering services and accept $2,870,000 from Alameda County to cover the cost of the agreement. On July 31, 2021, the partners held an open house at the future center and launched the fundraising campaign.
On January 5, 2022, Council accepted a grant of $1 Million in State of California general funds for Phase I construction.
On July 5, 2022, Council authorized the City Manager to execute a professional services agreement with Kitchell for construction management services for the Stack Center in an amount not to exceed $520,000.
On October 25, 2022, Council adopted resolutions authorizing the City Manager to accept $1,500,000 in federal grant funds and to execute grant agreements for federal and state funds for the Stack Center.
On December 6, 2022, Council adopted a resolution authorizing the City Manager to accept $8,558,902 in state library grant funds for construction of the Stack Center and to execute associated grant agreements.
On March 7, 2023, Council adopted a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with AEI Consultants for environmental investigation services to support the Stack Center project by increasing the Not-to-Exceed amount of the agreement from $59,950 to $200,000. On June 20, 2023, Council adopted a resolution approving the plans and specifications and call for bids for The Stack Center – Phase I Project.
DISCUSSION
City staff considers the low bid, submitted by CWS Construction Group, Inc., to be unresponsive for not meeting qualification & experience requirements in the bid, including:
A 3-year average Experience Modification Rating (EMR) of 1.07, above the requirement of 1.0. An EMR is a numerical system that insurance companies use to set worker’s compensation premiums. An EMR above 1.0 is considered above average risk of worker’s compensation claims.
Missing information in listing their experience: including construction value amount of previous projects, resumes for the project manager and on-site general field superintendent.
On November 30, 2023, four (4) bids were received, ranging from $8,485,000 to $9,370,000. The low bid, submitted by CWS Construction Group, Inc., of Novato, California was in the amount of $8,485,000, which is approximately 5.7% below the engineer’s estimate of $9,000,000. The second lowest bid, submitted by Rodan Builders, Inc., of Hayward, was in the amount of 8,699,000, which is approximately 3.3% below the engineer’s estimate.
In Spring 2022, the City and its partners discussed splitting the Stack Center project into two or more phases to use grant funds in the near term rather than prolonging construction while the City secured funding for the full project. On May 3, 2022, City Council approved the approach of phasing the construction and directed staff to prepare documents for Phase I construction.
Boundaries for Phase I are shown on Attachment III. The Phase I scope includes outdoor improvements such as two parking areas, the Community Event Plaza, and two tot yards for the childcare center. The indoor improvements within the MJCC will include the classroom spaces to convert them into a childcare center with child-appropriate restrooms.
Phase I includes demolishing the building that is currently occupied by Alameda County of Education’s (ACOE) program for students who have not been successful in traditional school settings. Staff is working with ACOE to identify temporary locations during construction. Once Phase I is complete, Kidango’s Affordable Childcare programming will move to the MJCC, which will allow the City to demolish the existing Kidango building as part of Phase II construction.
This project is categorically exempt from environmental review under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines for the replacement or reconstruction of an existing structure with the same size, purpose, and capacity.
On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward
residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. The CWA applies to this project.
ECONOMIC IMPACT
This item will provide a positive economic impact by providing day care facilities, a Youth and Family center, and community events.
FISCAL IMPACT
The estimated cost for Phase I construction is $8,403,000. There is sufficient overall project budget in the adopted CIP budget to fund this phase of construction.
The project funding sources are as follows:
Cost Funding Source Funding Amount
Community Events Plaza 2,341,000 Clean California grant 2,341,000 MJCC Upgrades 2,724,000
State general grant 1,000,000
Federal general grant 1,500,000
La Vista developer 224,000
Site Work/Parking Lots 3,338,000
Clean California grant 306,000
Hayward ARPA funds 2,000,000
La Vista developer 1,032,000
Total $8,403,000 $8,403,000
STRATEGIC ROADMAP
This agenda item supports the Strategic Priorities of Enhance Community Safety and Quality of Live and Improve Infrastructure. Specifically, this item relates to the implementation of the following project:
Project Q21: Work with partners to design programming for the future Stack Center Community Event Plaza.
SUSTAINABILITY FEATURES
The Stack Center will incorporate all City green building ordinances, including the zero-net- energy requirement for new construction. The project requires the contractor to recycle all construction and demolition debris generated from the project.
The project satisfies the following General Plan policies:
ED-6.8 Public/Private Partnerships
CS-1.1 Community Partnerships
CS-1.5 Services for At-Risk Youth
EDL-1.1 Childcare and Early Childhood Development Centers EDL-1.3 Local Agency Coordination
EDL-1.5 Pre-school and Pre-Kindergarten
EDL-1.6 Pre-School/Pre-Kindergarten Alternatives
PFS-1.1 Capital Improvement Program
PFS-1.2 Priority for Infrastructure
PFS-1.6 Public Facility Clustering
PUBLIC CONTACT
Immediately after the construction contract is awarded, a preliminary notice explaining the project will be posted and distributed to all residents in the surrounding neighborhood.
NEXT STEPS
January 2024 Start of Construction
November 2024 End of Construction
Prepared by: Yama Farouqi, Associate Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
___________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member __________
RESOLUTION APPROVING ADD ENDUM NOS . 1,2,3 AND 4, REJECTING THE BID FROM CWS CONSTRUCTION GROUP , INC. AND AWARDING
CONSTRUCTION CONTRACT TO RODAN B UILDERS INC. FOR THE STACK CENTER – PHASE I PROJECT, PROJEC T NO. 06960 IN THE AMOUNT OF 8,699,000 AND A UTHORIZING AN A DMINISTRATIVE CHANGE ORDER BUDGET OF $871,000
BE IT RESOLVED by the City Council of the City of Hayward as follows:
WHEREAS, by resolution on June 20, 2023, the City Council approved the plans and specifications for The Stack Ce nter Project – Phase I Project, Project No. 06960 and called for bids to be received on August 22, 2023; and
WHEREAS, on November 1, 2023, Addendum No. 1 was provided to revise th e plans and specifications and revise the bid opening date to November 30, 2023; and
WHEREAS, on November 1 3, 202 3, Addendum No. 2 was provided to revise the plans and specifications; and
WHEREAS, on November 21, 202 3, Addendum No. 3 was provided to revi se the plans and specifications; and
WHEREAS, on November 27, 202 3, Addendum No. 4 was provided to provide clarification; and
WHEREAS, o n November 30, 202 3, four (4) bids were receiv ed, ranging from $8,485,000 to $ 9,370,000. The low bid, submitted by CWS Construction Group, Inc., of Novato, Californ ia submitted the low bid in the amount of $8,485,000, which is approximately 5.7% below the engineer’s estimate of $9,000,000. The second lowest bid, submitted by Rodan Builders, Inc., of Hayward California sub mitted a second lowest bid of 8,699,000, which is approximately 3.3% below the engineer’s estimate; and
WHEREAS, on December 1, 2023, staff reviewed the lowest bid submitted by CWS Construction Group Inc . and determined their bid to be unresponsible for n ot meeting the qualification/experience requirements of the bid.
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Rodan Builders Inc. is hereby awarded the contract for The Stack Center Project – Phase I Project, Project No. 06960, in the amount of $ 8,699,000 in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward at and for the p rice named and stated in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.
BE IT FURTHER RESOLVED by the City Council that the Director of Public Works is authorized to expend up to $871,000 for Administrative Change Orders.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Rodan Builders Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.
BE IT FURTHE R RESOLVED that the project is categorically exempt from environmental review under Section 15301(c) of the California En vironmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.
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
THE STACK CENTER - PHASE I PROJECT
LIMIT OF WORK
LIMIT OF WORKLIMIT OF WORKLIMIT OF WORK
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L.O.W
AREA SHOWN WITHDIAGONAL HATCHNOT IN SCOPE
484950525354555657585960616263
64 51.949.6
111.3
EVCS
EVCS
EVCS
EVCSEVCSEVCSEVCSEVCS
PANJON STREET0204060 FT
BIO-RETENTION
LANDFORM
BIO-RETENTIONPLAY AREA - S
PLAY AREA - N
ECO-ISLAND
COMMUNITYEVENT PLAZA(OVERFLOW PARKING)
PARKINGAREA 2
PARKINGAREA 3
BIO-RETENTIONBIO-RETENTIONBIO-RETENTION
PARKING AREA 3
MATT JIMENEZ
COMMUNITY
CENTER
COMMUNITY EVENT PLAZA
PARKING
AREA 2
PHASE I LIMITS OF
WORK
PHASE II
TENNYSON
PARK
RUUS ROAD
PANJON STREET
ATTACHMENT III
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-660
DATE: December 12, 2023
TO: Mayor and City Council
FROM: CIO/Director of Information Technology
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for Implementation of Network Refresh in an Amount Not-to-Exceed $2,340,126
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with LookingPoint for implementation of network refresh in an amount not-to-exceed $2,340,126.
SUMMARY
The City has an extensive and complex data/voice network that supports every department and provides computer and telephony systems functionality throughout the enterprise. The existing network infrastructure was last upgraded in 2015 and a total upgrade is now necessary to maintain and increase current bandwidth, position the network for future technological advances, and add reliability of redundancy. This project benefits the City because it supports the bandwidth needs and application availability for both onsite and remote access of data, systems, and services.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: CIO/Director of Information Technology
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with LookingPoint for Implementation of Network Refresh in an Amount Not-to-Exceed $2,340,126
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with LookingPoint for implementation of network refresh in an amount not-to-exceed $2,340,126.
SUMMARY
The City has an extensive and complex data/voice network that supports every department and provides computer and telephony systems functionality throughout the enterprise. The existing network infrastructure was last upgraded in 2015 and a total upgrade is now necessary to maintain and increase current bandwidth, position the network for future technological advances, and add reliability of redundancy. This project benefits the City because it supports the bandwidth needs and application availability for both onsite and remote access of data, systems, and services.
BACKGROUND AND DISCUSSION
The City has an extensive and complex data/voice network that supports every department and provides computer and telephony systems functionality throughout the enterprise. The existing network infrastructure was last upgraded in 2015. The current system has had various segments and components such as SDWAN updated over time but a total upgrade is now necessary to maintain and increase current bandwidth, position the network for future technological advances, and add reliability of redundancy. To achieve this upgrade the City will utilize a “forklift” approach, which is replacing all network equipment that is currently end-of-life. This upgrade will position the City for the future and allow integration of future technologies.
The purpose of the infrastructure upgrade is to enhance and strengthen the City’s network capabilities to support both data and telephony systems as well as the future network needs of the City. The strengthened network will be more capable of handling the new SDWAN infrastructure as well as voice, video, and data requirements over one heterogeneous (converged) network throughout the enterprise. This upgrade brings together telephone services, data services, and the power of the Internet in a single high- speed, secure, stable, and expandable network, which will serve as the foundation for the future expansion of the City’s technology systems.
This project directly supports the Strategic Priority of Strengthen Organizational Health, specifically Optimize Access to Workforce Technology. Several benefits of this upgrade directly impact this strategic priority. Optimizing access to workforce technology is a benefit to the City because it allows for secure and reliable connections for data and voice in office as well as in remote environments. In addition, the City has moved an increasing number of vendors to cloud-hosted platforms, which require secure and reliable connections for staff to perform their jobs. Optimizing access to workforce technology also assists in securely accessing resources, files, and data onsite and remotely. This allows for remote work depending on the job classification and assignment.
Information Technology Department staff undertook a systematic process to identify Network Infrastructure system manufacturers considered to be the industry leaders.
Factors such as product performance, years of industry experience, resource commitments, and recommendations from similar vertical market peer groups were used as benchmarks in a pre-qualification process.
On June 9, 2023, the City issued a Request for Proposals (RFP) through OpenGov to design, install, and configure a complete network refresh.
The City received seven responses to the RFP by the October 9, 2023 deadline. Of the seven responses, four responses were deemed fully qualified to meet the requirements. City staff interviewed the four vendors and independently rated the interviews and solutions, ultimately arriving at one chosen solution.
The chosen provider, LookingPoint, is a local business and the City has worked with them in the past. Staff has found their work to be dependable and reasonably priced. The design offered by their engineers was clear, simple, and covered all concerns the City is looking to address. LookingPoint also supplied several references for comparable governmental organizations as well as private companies. The review team found their solution to be very cost-appropriate.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Strengthen Organizational Health.
Specifically, this item relates to the implementation of the following project:
Optimize Access to Workforce Technology.
FISCAL IMPACT
The cost of the agreement with LookingPoint will not exceed $2,340,126. This includes a 10% contingency to account for unexpected project costs. Authorizing this agreement does not require an additional appropriation. CIP and ARPA funds will be used to cover the costs of the project. The solution set will be a one-time cost that covers all licensing and support for five years.
RFP Evaluation Results
Vendor Winning Bid Total Pricing
Bear Cloud Technologies No $ 3,181,752
HHS Construction LLC No $ 3,699,578
LookingPoint Yes $ 2,127,387
USA Technology
Consultants
No $12,033,770
NEXT STEPS
If Council authorizes the City Manager to negotiate and execute this agreement, then staff will schedule the project. Staff will also recommend pursuing a lease/purchase option, which allows for expenditures to be spread over five years. The project kickoff would commence in December 2023 and take approximately six months to complete.
Prepared by: Carolyn Baily, IT Manager - Infrastructure
Recommended by: Adam Kostrzak, CIO/Director of Information Technology
Approved by:
_________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-_____
Introduced by Council Member __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT BETWEEN THE CITY OF HAYWARD AND LOOKINGPOINT FOR
NETWORK REFRESH
WHEREAS, The City has an extensive and complex data/voice network that supports every department and provides computer and telephony systems functionality throughout the enterprise; and
WHEREAS, the current system has had various segments and components updated over time but a total upgrade is now necessary; and
WHEREAS, on June 9, 2023 the City issued a Request for Proposal (RFP) through OpenGov to design, install and configure a complete network refresh; and
WHEREAS, the City received seven responses to the RFP by the October 9, 2023 deadline; and
WHEREAS, LookingPoint is a local business and their Network Refresh solution offers level one support and on-site monitoring which are two highly desirable features requested by the City; and
WHEREAS, LookingPoint was selected by the City for implementation of the Network Refresh solution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes and directs the City Manager to negotiate and execute an Agreement with LookingPoint for Network Refresh solution in an amount not to exceed $2,340,126, in a form approved by the City Attorney.
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 #: CONS 23-675
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Clifford Moss in an Amount Not-to-Exceed $90,000 Plus Direct Communications Expenses Estimated at $155,000 and with Fairbank, Maslin, Maullin, Metz & Associates (FM3) in an Amount Not-to-Exceed $45,750 for Education and Outreach Services Relating to a Potential Early Extension of the ½ cent Local District Sales Tax and Appropriating Funds for these Agreements
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Clifford Moss and FM3 in an effort to better determine viability of an early extension of the ½ cent local district sales tax better known in Hayward as “Measure C,” which voters approved for 20 years in 2014.
SUMMARY
In 2014, the voters of the City of Hayward approved a ½ cent District Sales Tax (Measure C), which is a general tax that can pay for any services within the City’s General Fund. However, when the Council placed the measure on the ballot in 2014, they identified several priorities for the use of these funds based on issues identified by the community: police and public safety services; illegal dumping; litter control; graffiti abatement; and capital infrastructure projects. In May of 2023, the Council Budget and Finance Committee and Council directed staff to explore the viability of an early extension of the ½ cent District Sales Tax to fund additional capital infrastructure projects and key City priorities.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Clifford Moss in an Amount Not to Exceed $90,000 Plus Direct Communications Expenses Estimated at $155,000 and with Fairbank, Maslin, Maullin, Metz & Associates (FM3) in an Amount Not to Exceed $45,750 for Education and Outreach Services Relating to a Potential Early Extension of the ½ cent Local District Sales Tax and Appropriating Funds for these Agreements
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Clifford Moss and FM3 in an effort to better determine viability of an early extension of the ½ cent local district sales tax better known in Hayward as “Measure C,” which voters approved for 20 years in 2014.
SUMMARY
In 2014, the voters of the City of Hayward approved a ½ cent District Sales Tax (Measure C), which is a general tax that can pay for any services within the City’s General Fund. However, when the Council placed the measure on the ballot in 2014, they identified several priorities for the use of these funds based on issues identified by the community: police and public safety services; illegal dumping; litter control; graffiti abatement; and capital infrastructure projects. In May of 2023, the Council Budget and Finance Committee and Council directed staff to explore the viability of an early extension of the ½ cent District Sales Tax to fund additional capital infrastructure projects and key City priorities.
BACKGROUND
In 2014, the voters of the City of Hayward approved a ½ cent District Sales Tax (Measure C), which is a locally controlled general tax that can pay for any expenses in the City’s General Fund. However, when the Council placed the measure on the ballot in 2014, they identified several priorities for the use of these funds based on issues identified by the community:
police and public safety services; illegal dumping; litter control; graffiti abatement; and capital infrastructure projects.
The prioritized capital projects included: the construction of the City’s 21st Century Library and Community Learning Center; completion of fire station retrofits and improvements; rehabilitation and expansion of the existing fire training center located at Fire Station 6; as well as extensive street improvements. As of October 2023, the fire station retrofit and street improvement projects have been completed, the 21st Century Library and Community Learning Center project opened to the community in September 2019, and a ribbon cutting was held on June 21, 2023 for the regional fire training center at Fire Station 6. In May of 2023, the Council Budget and Finance Committee and Council directed staff to explore the viability of an early extension of the ½ cent District Sales Tax to fund additional capital infrastructure projects and key City priorities. Since that time, staff have identified important steps that will provide information to the Council to decide whether it is appropriate to place a measure on the November 2024 ballot.
DISCUSSION
In the lead-up to the June 2014 election, the City used the information gathered in community surveys and community conversations to determine how best to use the funds generated by what came to be known as Measure C. The Council heard what the community supported most were a new library and learning center, improvement of streets and roads, the reduction of response times for calls for emergency services, and reducing graffiti throughout the City.
Staff is recommending Council authorize the City Manager to engage Clifford Moss in an amount not to exceed $90,000 plus direct communications expenses estimated at $155,000 and Fairbank, Maslin, Maullin, Metz & Associates (FM3) in an amount not to exceed $45,750 for services relating to community outreach and engagement to understand the community’s priorities for a future extension of the ½ cent local sales tax.
ECONOMIC IMPACT
This action is routine and although an extension of the district sales tax may have an economic impact, it is currently not estimable.
FISCAL IMPACT
The total cost for this action is estimated at $290,750 and is currently not included in the FY 2024 Operating Budget. Staff recommends that Council authorize and appropriate funds for these expenses from the Measure C Operating Fund (Fund 101).
STRATEGIC ROADMAP
This agenda item does not specifically address any specific strategic priority; however, the research it creates may direct future expenditures to address many.
PUBLIC CONTACT
A potential extension of the local district sales tax was discussed at the May 3, 2023 Council Budget and Finance Committee meeting1.
NEXT STEPS
If Council approves this request, the City Manager will execute agreements with both vendors and begin work immediately towards bringing Council information to decide whether or not to place a measure to extend the local district sales tax in 2024.
Prepared and Recommended by: Dustin Claussen, Assistant City Manager
Approved by:
_________________________________________
Kelly McAdoo, City Manager
1 CITY OF HAYWARD - Meeting of Council Budget and Finance Committee on 5/3/2023 at 5:30 PM (legistar.com)
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CLIFFORD MOSS IN AN AMOUNT NOT TO EXCEED $90,000 PLUS DIRECT COMMUNICATIONS EXPENSES ESTIMATED AT $155,000 AND FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES (FM3) IN AN AMOUNT NOT -TO-EXCEED $45,750 FOR
SERVICES RELATING TO A POTENTIAL EARLY EXTENSION OF THE HALF CENT LOCAL DISTRICT SALES TAX; TO AUTHORIZE AND APPROPRIATE
FUNDS FOR THESE CONTRACTS
WHEREAS, the City is seeking community input of preferred uses of funds generated by a potential extension of the local district sales tax of on half a percent; and
WHEREAS, the City recommends executing agreements with Clifford Moss and Fairbanks, Mauslin, Metz & Associates to engage the community for this effort; and
WHEREAS, the City recommends the City Council authorize and appropriate funds in the Measure C Fund (fund 101) for expenses related to these agreements.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute an agreement with Clifford Moss for professional services in an amount not to exceed $90,000, plus direct communications expenses estimated at $155,000 and with Fairbanks, Mauslin, Metz & Associates in an amount not to exceed $45,750, for opinion research, in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of Hayward hereby approves the amendment of the FY 2024 Budget Resolution by increasing the budget appropriation by $290,750 in the Measure C Operating Fund (Fund 101).
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 #: CONS 23-665
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Amending Chapter 4, Article 12 of the Hayward Municipal Code Regarding Spectators at Illegal Speed Contests and Exhibitions of Speed
RECOMMENDATION
That the Council adopts the Ordinance introduced on December 5, 2023.
SUMMARY
This item entails adoption of an Ordinance amending Chapter 4, Article 12 of the Hayward Municipal Code, introduced on December 5, 2023, by Council Member Zermeño.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance Published 12/8/2023
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Amending Chapter 4, Article 12 of the Hayward Municipal Code Regarding Spectators at Illegal Speed Contests and Exhibitions of Speed
RECOMMENDATION
That the Council adopts the Ordinance introduced on December 5, 2023.
SUMMARY
This item entails adoption of an Ordinance amending Chapter 4, Article 12 of the Hayward Municipal Code, introduced on December 5, 2023, by Council Member Zermeño.
BACKGROUND
The Ordinance was introduced by Council Member Zermeño at the December 5, 2023, meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Goldstein, Márquez, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the priorities outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, December 8, 2023. Adoption, at this time, is therefore appropriate.
NEXT STEPS
The Hayward Municipal Code and other related documents will be updated accordingly.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE
CITY COUNCIL OF THE CITY OF HAYWARD
ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA AMENDING CHAPTER 4, ARTICLE 12 OF THE HAYWARD MUNICIPAL CODE REGARDING SPECTATORS AT
ILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 4, Article 12 of the Hayward Municipal Code is amended to read as follows:
ARTICLE 12 SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS,
SIDESHOWS, AND EXHIBITIONS OF SPEED
SEC. 4-12.001 PURPOSE.
SEC. 4-12.002 DEFINITIONS.
SEC. 4-12.003 SPECTATOR AT ILLEGAL SPEED CONTEST OR EXHIBITION OF SPEED CRIMINAL VIOLATIONS; ADMINISTRATIVE CITATIONS.
SEC. 4-12.004 RELEVANT CIRCUMSTANCES TO PROVE VIOLATION.
SEC. 4-12.005 ADMISSIBILITY OF PRIOR ACTS.
Section 2. California Environmental Quality Act (CEQA). The City Council independently finds and determines that this action is exempt from CEQA pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code; and, under Section 15061(b)(3) of the CEQA Guidelines, as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed amendments could have a significant effect on the environment, and thus are not subject to CEQA. Thus, it can be seen with certainty that the proposed project would not have a significant effect on the environment.
Section 3. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 4. This Ordinance shall become effective thirty (30) days after adoption by the City Council.
Introduced at a regular meeting of the City Council of the City of Hayward, held the 5 day of December, 2023, by Council Member Zermeño.
This Ordinance will be considered for adoption at a special meeting of the Hayward City Council, to be held on December 12, 2023, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.
ATTACHMENT II
Dated: December 8, 2023
Miriam Lens, City Clerk
City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-668
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Artavia Berry from the Community Services Commission, Effective Immediately
RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Artavia Berry from the Community Services Commission, effective immediately.
SUMMARY
Commissioner Artavia Berry was appointed to the Community Services Commission on September 10, 2019 and reappointed on September 20, 2022. Ms. Artavia Berry’s resignation becomes effective immediately, per her resignation letter (Attachment III).
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a Resolution Accepting the Resignation of Commissioner Artavia Berry from the Community Services Commission, Effective Immediately
RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Artavia Berry from the Community Services Commission, effective immediately.
SUMMARY AND DISCUSSION
Commissioner Artavia Berry was appointed to the Communit y Services Commission on September 10, 2019 and reappointed on September 20, 2022. Ms. Artavia Berry’s resignation becomes effective immediately, per her resignation letter (Attachment III).
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC INITIATIVES
The agenda item is a routine operational item and does not re late to one of the Counc il’s Strategic Initiatives.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
___________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 23-______
Introduced by Council Member ______________
RESOLUTION ACCEPTING THE RESIGNATION OF ARTAVIA BERRY FROM
THE COMMUNITY SERVICES COMMISSION
WHEREAS, Artavia Berry was appointed to the Community Services Commission on September 10, 2019; and
WHEREAS, Artavia Berry was re-appointed to the Community Services Commission on September 20, 2022; and
WHEREAS, Artavia Berry submitted a resignation letter on December 5, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resi gnation of Artavia Berry; and commends h er for her civic service to the City.
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
ATTACHMENT III
From: Artavia Berry
Sent: Tuesday, December 5, 2023 2:47 PM
To: Amy Cole-Bloom <[email protected]>; Evelyn Olivera <[email protected]> Cc: Linda Moore , Austin Bruckner
Subject: CSC Resignation
12/5/23
Hi Amy,
Please accept this email as formal notice of my resignation from the Hayward Community Services Commission effective immediately.
It has been a great experience to serve our community in this capacity over the past 4 years. I'm proud of all that we have accomplished together, particularly through a global pandemic and racial reckonings in our country. It has been especially rewarding facilitating the change from our Commission focusing solely on funding allocations to becoming an active voice on many issues impacting our community, as noted in the CSC charter.
Please pass along my gratitude to the entire Commission, to Council Members and to the fantastic staff at city hall for their support. I will continue to watch the growth and action of our CSC in the coming years, and remain available if ever needed in the future.
In Solidarity,
Artavia B. Berry
cc:
Austin Bruckner-Carillo
Linda Moore
Artavia B. Berry, M.Div
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-669
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Appointing Hoang Dao to the Community Services Commission to Fill the Unexpired Term of Artavia Berry
RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Hoang Dao to the Community Services Commission to fill the unexpired term of Artavia Berry, which will expire on September 30, 2026.
SUMMARY
The Council, during its September 12, 2023 Council meeting, confirmed the list of 2023 alternates and selected Hoang Dao as the alternate for the Community Services Commission. On December 5, 2023, Ms.
Artavia Berry, now former member of the Community Services Commission, submitted a letter of resignation which created an unexpected vacancy on the Community Services Commission. Mr. Hoang Dao was contacted to confirm his eligibility status and his interest in serving on the Community Services Commission. If appointed to the Community Services Commission, Mr. Hoang Dao’s term would be effective immediately and would end on September 30, 2026.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a Resolution Appointing Hoang Dao to the Community Services Commission to Fill the Unexpired Term of Artavia Berry
RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Hoang Dao to the Community Services Commission to fill the unexpired term of Artavia Berry, which will expire on September 30, 2026.
SUMMARY AND DISCUSSION
The Council, during its September 12, 2023 Council m eeting1, con firmed the list of 2023 alternates and selected Hoang Dao as the alternate for the Community Services Commission.
On December 5, 2023, Ms. Artavia Berry, now former member of the Community Services Commission, submitted a letter of resignation which creat ed an unexpected vacancy on the Community Services Commission. Mr. Hoang Dao was contacted to confirm his eligibil ity status and his interest in serving on the Community Services Commission. If appointed to the Community Services Commission, Mr. Hoang Dao’s term would be effective immediately and would end on September 30, 2026.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
NEXT STEPS
Following Council’s action, the oath of affirmation will be admi nistered to Mr. Hoang Dao prior to his first Community Services Commission meeting.
1 City Council Meeting 9/12/2023
CITY OF HAYWARD - File #: APPT 23-003 (legistar.com)
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
____________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 23-__________
Introduced by Council Member ________________
RESOLUTION APPOINTING HOANG DAO TO THE COMMUNITY SERVICES
COMMISSION TO FILL THE UNEXPIRED TERM OF ARTAVIA BERRY
WHEREAS, the City Council conducted its annual recruitment for City commissions and the Keep Hayward Clean and Green Task Force from May 4, 2023 through August 4, 2023; and
WHEREAS, on September 12, 202 3, the City Council established an alternate list comprising eligib le applicants who would be appointed to serve as vaca ncies occurred during 2023; and
WHEREAS, Hoang Dao was selected as the alternate for the Community Services Commission; and
WHEREAS, Community S ervices Commissioner Art avia Berry resigned, effective December 5. 2023, which created a vacancy on the Community Services Commission.
THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Hoang Dao is selected from the alternate list and appointed to fill Artavia Berry’s unexpired term, which will expire on September 30, 2026.
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 #: CONS 23-677
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Arti Garg from the Planning Commission, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Arti Garg from the Planning Commission, effective immediately.
SUMMARY
Commissioner Arti Garg was appointed to the Planning Commission on December 6, 2022. Ms. Arti Garg’s resignation becomes effective immediately, per her resignation letter (Attachment III).
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Accepting the Resignation of Commissioner Arti Garg from the Planning Commission, Effective Immediately
RECOMMENDATION
That the City Council a dopts a resolution (Attachment II) accepting the resignation of Commissioner Arti Garg from the Planning Commission, effective immediately.
SUMMARY AND DISCUSSION
Commissioner Arti Garg was appointed to the Planning Commission on December 6, 2022.
Ms. Arti G arg’s resignation becomes effective immediately, per her resignation l etter (Attachment III).
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC INITIATIVES
The agenda item is a routine operational item and does not re late to one of the Counc il’s Strategic Initiatives.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
__________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 23-______
Introduced by Council Member ______________
RESOLUTION ACCEPTING THE RESIGNATION OF ARTI GARG FROM THE
PLANNING COMMISSION
WHEREAS, Arti Garg was appointed to the Planning Commission on December 6 , 2022; and
WHEREAS, Arti Garg submitted a resignation letter on December 6, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resi gnation of Arti Garg ; and commends h er for her civic service to the City.
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
ATTACHMENT III
From: Arti Garg
Sent: Wednesday, December 6, 2023 6:20 AM
To: Miriam Lens <[email protected]>
Cc: Jeremy Lochirco <[email protected]>
Subject: Planning Commission appointment
Dear Miriam,
This note is to inform you that due to changes in my professional obligations, I will be resigning from the Planning Commission effective immediately. Please advise on any next steps.
My commitment to serving the City of Hayward remains strong, and I look forward to working with staff and Council to continue to strengthen our community.
Best,
Arti
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-676
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Appointing Ron Meyers to the Planning Commission to Fill the Unexpired Term of Arti Garg
RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Ron Meyers to the Planning Commission to fill the unexpired term of Arti Garg, which will expire on September 30, 2026.
SUMMARY
The Council, during its September 12, 2023 Council meeting, confirmed the list of 2023 alternates and selected Ron Meyers as the alternate for the Planning Commission. On December 6, 2023, Ms. Arti Garg, now former member of the Planning Commission, submitted a letter of resignation, which created an unexpected vacancy on the Planning Commission. Mr. Ron Meyers was contacted to confirm his eligibility status and his interest in serving on the Planning Commission. If appointed to the Planning Commission, Mr. Ron Meyer’s term would be effective immediately and would end on September 30, 2026.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/8/2023Page 1 of 1
powered by Legistar™
DATE: December 12, 2023
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Appointing Ron Meyers to the Planning Commission to Fill the Unexpired Term of Arti Garg
RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Ron Meyers to the Planning Commission to fill the unexpired term of Arti Garg, which will expire on September 30, 2026.
SUMMARY AND DISCUSSION
The Council, during its September 12, 2023 Council meeting1, confirmed the list of 2023 alternates and selected Ron Meyers as the alternate for the Planning Commission. On December 6, 2023, Ms. Arti Garg, now former member of the Planning Commission, submitted a letter of resignation, which created an unexpected vacancy on the Planning Commission. Mr.
Ron Meyers was contacted to confirm his eligibility status and his interes t in serving on the Planning Commission. If appointed to the Planning Commission, Mr. Ron Meyer’s term would be effective immediately and would end on September 30, 2026.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
NEXT STEPS
Following Council’s action, the oath of affirmation will be admi nistered to Mr. Ron Meyers prior to his first Planning Commission meeting.
1 City Council Meeting 9/12/2023
CITY OF HAYWARD - File #: APPT 23-003 (legistar.com)
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_____________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 23-__________
Introduced by Council Member ________________
RESOLUTION APPOINTING RON MEYERS TO THE PLANNING COMMISSION
TO FILL THE UNEXPIRED TERM OF ARTI GARG
WHEREAS, the City Council conducted its annual recrui tment for City commissions and the Keep Hayward Clean and Green Task Force from May 4, 2023 through August 4, 2023; and
WHEREAS, on September 12, 202 3, the City Council established an alternate list comprising eligib le applicants who would be appointed t o s erve as vaca ncies occurred during 2023; and
WHEREAS, Ron Meyers was selected as the alternate for the Planning Commission; and
WHEREAS, Planning Commissioner Arti Garg resigned, effective December 6, 2023, which created a vacancy on the Planning Commission.
THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Ron Meyers is selected from the alternate list and appointed to fill Arti Garg’s unexpired term on the Planning Commission, which will expire on September 30, 2026.
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 #: PH 23-049
DATE: December 12, 2023
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Hayward Residential Design Study: Consideration of Proposed Text Amendments to Hayward Municipal Code Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code); Zoning Map Amendments; and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) supporting the proposed Text Amendments to Hayward Municipal Code Chapter 10, Articles 1, 2, 24, and 28 and related Zoning Map Amendments and finding the Amendments to be exempt from further environmental review pursuant to the California Environmental Quality Act, and introduces an ordinance (Attachments III) codifying the Amendments.
SUMMARY
The Hayward Residential Design Study is a long-range planning project focused on the development of objective residential development and design standards and related zoning amendments to support General Plan and Zoning Ordinance consistency. Following an extensive research and outreach process, the proposed Amendments were first reviewed with the Planning Commission and City Council at work sessions on August 24, 2023 and September 12, 2023 respectively. In response to comments received at those work sessions, the following key changes are proposed in Attachment III and exhibits:
· Chapter 10, Section 10-1.200, Residential Districts.
o HMC 10-1.204 (b), Additions to Primary Buildings: All additions are proposed to comply with upper floor massing requirements. Large additions, defined as increasing the gross square footage by 80 percent or more, shall also comply with the facade design requirements of new developments.
o HMC 10-1.204 (j), Mailboxes: Mailboxes are proposed to be located within secure areas which cannot be accessed by the public.
o HMC 10-1.204 (l), Open Space: Points awarded for open space amenities have been adjusted to incentivize rooftop amenities. Additional minor modifications were made to CITY OF HAYWARD Printed on 12/8/2023Page 1 of 2
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File #:PH 23-049
adjusted to incentivize rooftop amenities. Additional minor modifications were made to better align point values with community and Council priorities. o HMC 10-1.205 (b) & 10-1.206 (b), Façade Design: Façade design standards are now proposed to be regulated through a points system.
· Chapter 10, Article 2, Parking Regulations.
o HMC 10-2.310, Large Detached Residential. The parking requirement for detached homes over 3,000 gross square feet is proposed to be increased from two to three covered parking spaces within an enclosed garage.
o HMC 10-2.403, Residential Credit for Transportation Demand Management Program. The proposed maximum parking reduction for residential projects that employ specified Transportation Demand Management (TDM) measures has been reduced from 15 percent to five percent. Only projects that are required to provide at least 20 off-street parking spaces would be eligible for the reduction. Additionally, the list of eligible TDM measures has been adjusted to include more bicycle related options, and a points value has been assigned to each measure.
o HMC 10-2.414, Unbundled Parking. New State legislation (AB 1317) requires that new residential rental developments with 16 or more units unbundle the cost of parking from the cost of rental units starting in 2025. HMC 10-2.414, Unbundled Parking, has been revised to align with State law.
· Chapter 10, Article 24, Mission Boulevard Code and Chapter 10, Article 28, Downtown Development Code. Proposed revisions in these sections focus on eliminating subjective standards and ensuring consistency with other residential code sections. Notably, this includes new building massing and façade design requirements in the Mission Boulevard Code that are consistent with the standards proposed for multi-unit residential developments.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Ordinance
Attachment III, Exhibit A HMC Section 10-1.200, Residential Districts Attachment III, Exhibit B HMC Chapter 10, Article 1, Zoning Ordinance Attachment III, Exhibit C HMC Chapter 10, Article 2, Off-Street Parking Regulations Attachment III, Exhibit D HMC Chapter 10, Article 24, Mission Boulevard Code Attachment III, Exhibit E HMC Chapter 10, Article 28, Downtown Development Code Attachment III, Exhibit F Properties Proposed to be Rezoned CITY OF HAYWARD Printed on 12/8/2023Page 2 of 2
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DATE: December 12, 2023
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Hayward Residential Design Study: Consideration of Proposed Text Amendments to Hayward Municipal Code Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code); Zoning Map Amendments; and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) supporting the proposed Text Amendments to Hayward Municipal Code Chapter 10, Articles 1, 2, 24, and 28 and related Zoning Map Amendments and finding the Amendments to be exempt from further environmental review pursuant to the California Environmental Quality Act, and introduces an ordinance (Attachments III) codifying the Amendments.
SUMMARY
The Hayward Residential Design Study is a long -range planning project focused on the development of objecti ve residential development and design standards and related zoning amendments to support General Plan and Zoning Ordinance consistency. Following an extensive research and outreach process, the proposed Amendments were first reviewed with the Planning Comm ission and City Council at work sessions on August 24, 20231 and September 12, 2023 2 respectively. In response to comments received at those work sessions, the following key changes are proposed in Attachment III and exhibits:
Chapter 10, Section 10-1.200, Residential Districts.
o HMC 10-1.204 (b), Additions to Primary Buildings: All additions are proposed to comply with upper floor massing requirements. Large additions, defined as
1 Work Session of the Planning Commission, August 24, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6319713&GUID=12261BD6-8DE2-48A3-8665-1A03BF3D8E68&Options=&Search= 2 Work Session of the City Council, September 12, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6343381&GUID=5F46F658-48FB-41C6-9F0F-935CC11A5359&Options=&Search=
increasing the gross square footage by 80 percent or more, shall also comply with the facade design requirements of new developments. o HMC 10-1.204 (j), Mailboxes: Mailboxes are proposed to be located within secure areas which cannot be accessed by the public.
o HMC 10-1.204 (l), Open Space: Points awarded for open space amenities have been adjusted to incentivize rooftop amenities. Additional minor modifications were made to better align point values with community and Council priorities.
o HMC 10-1.205 (b) & 10-1.206 (b), Façade Design: Façade design standards are now proposed to be regulated through a points system. Chapter 10, Article 2, Parking Regulations.
o HMC 10-2.310, Large Detached Residential. The parking requirement for detached homes over 3,000 gross square feet is proposed to be increased from two to three covered parking spaces within an enclosed garage. o HMC 10-2.403, Residential Credit for Transportation Demand Management Program. The proposed maximum parking reduction for residential projects that employ specified Transportation Demand Management (TDM) measures has been reduced from 15 percent to five percent. Only projects that are required to provide at least 20 off-street parking spaces would be eligible for the reduction. Additionally, the list of eligible TDM measures has been adjusted to include more bicycle related options, and a points value has been assigned to each measure.
o HMC 10-2.414, Unbundled Parking. New State legislation (AB 1317) requires that new residential rental developments with 16 or more units unbundle the cost of parking from the cost of rental units starting in 2025. HMC 10-2.414, Unbundled Parking, has been revised to align with State law. Chapter 10, Article 24, Mission Boulevard Code and Chapter 10, Article 28, Downtown Development Code. Proposed revisions in these sections focus on eliminating subjective standards and ensuring consistency with other residential code sections.
Notably, this includes new building massing and façade design requirements in the Mission Boulevard Code that are consistent with the standards proposed for multi - unit residential developments.
BACKGROUND
Summary of State Legislation. In response to California’s housing crisis, the State legislature has passed several laws removing barriers for residential development, protecting existing housing inventory, and expediting permit processing. These laws include Senate Bill 9 (SB 9), Senate Bill 35 (SB 35), and Senate Bill 330 (SB 330).
Under these State laws, residential development must be approved if it meets all objective development and design standards. Objective standards are defined as standards that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available to and knowable by both the development applicant or proponent and the public official before submittal.” In
other words, an objective standard must be written in such a way that anyone reading it would have the same understanding as to what the standard requires. The proposed regulations described later in the report were crafted to ensure objectivity per State law.
Project Overview. In 2019, the City of Hayward was awarded an SB 2 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 resolve 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.
Kickoff Meeting Joint Session. On February 1, 2022, 3 the Council and Planning Commission held a joint work session to provide initial guidance at the onset of the Hayward Residential Design Study. The Council and Planning Commission provided significant feedback during this session, including that new standards should address building massing, height and setback standards, frontage treatments including landscaping, aesthetics, the relationship to existing development, and the development of “missing middle” housing.4
Initial Public Outreach . Outreach efforts for the Hayward Residential Design Study have included an online community survey, an online interactive mapping tool, in -person “walkshops” (walking workshops around Hayward neighborhoods), and various in-person community events. These efforts were promoted through the City’s e -newsletter, social media platforms, and at the Permit Center, libraries, and community -based organizations.
The community survey and promotional materials were provid ed in Spanish, Mandarin, and English.
Through these efforts, staff gathered both quantitative and qualitative data to inform the development of the proposed standards and zoning amendments attached to this staff report. Key findings from the outreach include a range of community priorities, including allowing for a variety of architectural styles, avoiding “bulky” buildings, creating a relationship between buildings and the street, ensuring well designed landscaping and open spaces, taking into conside ration existing neighborhood characteristics, and developing strategies to reduce on -street parking demand. A full summary and analysis of public outreach feedback is available on the project webpage on the City’s website.5
3 Joint Session of City Council and Planning Commission, February 1, 2022:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5397460&GUID=B175606F-4591-4D2E-B41A-328BD292B038 4 The term “Missing Middle Housing” was originally coined by Daniel Parolek of Opticos Design to refer to small scale multi-unit residential development that is naturally more walkable and affordable than traditional detached residential subdivisions. More information about Missing Middle Housing can be found here: https://missingmiddlehousing.com/about/. 5 Project Webpage on City of Hayward Website: https://www.hayward-ca.gov/your-government/departments/planning- division/residential-design-study
Parking Analysis. On January 24, 20236 and February 9, 20237, the City Council and Planning Commission, respectively, held work sessions to provide feedback on the Parking Analysis associated with the Hayward Residential Design Study. The Council and Planning Commission recommended maintaining parking requirements along Mission Boulevard and further consideration of Transportation Demand Management (TDM) strategies and the unbundling of parking.
Options and Recommendations Report. On April 13, 2023 8 and April 18, 2023,9 the Planning Commission and City Council respectively, held work sessions to provide feedback on the Options and Recommendations Report associated with the Hayward Residential Design Study. The Council and Planning Commission supported increasing building heights, allowing for design diversity, incentivizing high quality open spaces, and drafting standards to enhance security.
Stakeholder Interviews. In Spring 2023, the project team held interviews with 13 individuals to gather feedback on the recommendations outlined within the Options and Recommendations Report. The individuals included market-rate housing developers, affordable housing developers, architects, community and housing advocates, neighborhood group representatives and “walkshop” attendees. A comprehensive summary of all stakeholder feedback is available on the project webpage.10
Draft Regulations. On August 24, 202311 and September 12, 2023,12 the Planning Commission and City Council respectively, held work sessions to provide feedback on the Draft Regulations for the Hayward Residential Design Study. Recommendations from the Council and Planning Commission are summarized below:
Develop a point system for the façade design standards, rather than a menu of options.
Add façade design standards to the Mission Boulevard Code. Incentivize public art in the Mission Boulevard Code area. Adjust point values for open space amenities and incentivize rooftop amenities. Modify the Transportation Demand Management (TDM) policy to incl ude different measures, a point system, eligibility requirements, and a smaller maximum reduction in off-street parking.
Clarify the unbundled parking policy.
6 Work Session of the City Council, January 24, 2023: https://hayward.legistar.com/MeetingDetail.aspx?ID=1067802&GUID=1C292A3B-F528- 43B6-BE57-6258FAD071AF&Options=info|&Search=
7 Work Session of the Planning Commission, February 9, 2023:
https://hayward.legistar.com/MeetingDetail.aspx?ID=1079506&GUID=73806132-61F2-40A7-ABB7-FE0E8074DF34&Options=info|&Search= 8 Work Session of the Planning Commission, April 13, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6124459&GUID=9247590B-5A20-47F4-9149-33DE135F8263&Options=&Search= 9 Work Session of the City Council, April 18, 2023: https://hayward.legistar.com/LegislationDetail.aspx?ID=6171585&GUID=D0718FF2- DDC8- 4949-9F0C-6FD5FA838B2F&Options=&Search=
10 Hayward Residential Design Study Website: https://www.hayward-ca.gov/your-government/departments/planning- division/residential-design-study
11 Work Session of the Planning Commission, August 24, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6319713&GUID=12261BD6-8DE2-48A3-8665-1A03BF3D8E68&Options=&Search= 12 Work Session of the City Council, September 12, 2023: https://hayward.legistar.com/LegislationDetail.aspx?ID=6343381&GUID=5F46F658- 48FB-41C6-9F0F-935CC11A5359&Options=&Search=
Increase parking requirements for large detached residential units. Develop standards for mailbox security.
During these work sessions, the Planning Commission and City Council also supported the creation of development standards for small lot single-family units. As part of a subsequent project to be undertaken in 2024, staff plans to build off of the proposed Amendments to facilitate the development of small lot subdivision standards that will create a streamlined process for this popular development type.
Planning Commission Public Hearing. On October 26, 202313, the Planning Commission held a public hearing where the Commissioners unanimously recommended that the City Council approve the proposed Zoning Text and Map Amendments with two modifications and one recommendation:
Modification 1: Align Unbundled Parking Standard with State Law. The first modification that the Planning Commission recommend ed was to remove any unbundled parking regulations that exceed the requirements of AB 1317. Modification 2: Do Not Provide Design Points for Public Art along Mission Boulevard. The second modification recommended was to remove the points for public art from the façade design point system in the proposed Mission Boulevard Code.
Recommendation: Adjust Façade Design Point Totals. Finally, the Commission also recommended that staff and the City Council review and consider increasing the minimum number of points required for façade design.
Project Description
The proposed text amendments to Chapter 10 of the Hayward Municipal Code (HMC) include changes to Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code). In addition, Zoning Map amendments are proposed to ensure consistency between the Hayward 2040 General Plan and the Zoning Ordinance.
The proposed amendments were discussed in detail in the staff report for the September 12, 2023 Council work session.14 This staff report builds off of the previous one by highlighting specific changes proposed since the September work session in response to Council and Planning Commission comments. The full extent of proposed map and text amendments is provided in Attachment III and exhibits.
Chapter 10, Article 1, Section 10-1.200, Residential Districts. Sections 10-1.200 through 10-1.500 of the HMC are proposed to be consolidated into a single section governing the four residential zoning districts: Residential Natural Preservation (RNP), Low Density Residential (RL, previously referred to as “RS” and “Single Family Residential”), Medium Density Residential
13Public Hearing of the Planning Commission, October 26, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6389094&GUID=13D39C94-ED60-478A-B77D-D668D446A880&Options=&Search= 14 Work Session of the City Council, September 12, 2023: https://hayward.legistar.com/LegislationDetail.aspx?ID=6343381&GUID=5F46F658- 48FB-41C6-9F0F-935CC11A5359&Options=&Search=
(RM), and High Density Residential (RH). This section includes development standards (i.e. setbacks, building heights, minimum lot requirements) and design standards (i.e. open space amenities, building massing standards, façade treatment requirements) for residential development. Key changes proposed in response to the September 12, 2023 work session are described below.
HMC 10-1.204 (b), Additions to Primary Buildings: As proposed, a ll additions to existing residential development shall comply with applicable upper floor massing requirements and use matching building materials to the existing development.
Additionally, large additions, defined as additions that increase the gross square footage by 80 percent or more, are shall also comply with the full extent of facade design requirements applicable to new development.
HMC 10-1.204 (j), Mailboxes: In response to Council concerns regarding mail theft, proposed regulations now include a standard requiring mailboxes be located within a secure area which cannot be accessed by the public. Please note that mailboxes must also comply with the United States Postal Services standards.15 HMC 10-1.204 (l), Open Space : Additional points are now proposed for outdoor amenities that are located on a rooftop. Further, points for water drinking fountains are proposed and point values for small courtyards, fountains, swimming pools and amphitheaters are reduced.
HMC 10-1.205 (b) & 10-1.206 (b), Façade Design: The proposed façade design standards are now organized into point systems, instead of menu s of options.
Additional façade design elements have been added to each table . Façade d esign elements for detached residential, duplexes, and triplexes are shown in Table 1, while design elements for multi-unit residential (4+ units) are shown in Table 2.
Detached residential, duplex, and triplex developments are required to obtain 50 façade design points. Multi-unit residential (4+ units) developments that have up to 10 dwelling units are required to obtain 100 points while development with 11 or more dwelling units are required to obtain 125 points. In response to the Planning Commission’s recommendation that staff and the Council consider increasing the minimum point thresholds that were initially proposed, staff created two different thresholds for multi-unit residential (4+ units), raising the minimum points required for developments with 11 or more units from 10 0 to 125. Staff also considered raising the minimum points required for detached residential, duplex, triplex and small multi-unit residential (4+ unit) development but ultimately elected not to, as it would be more difficult for these smaller developments to accommodate additional design elements without creating unintended barriers to development.
TABLE 1: DETACHED RESIDENTIAL, DUPLEX, AND TRIPLEX DEVELOPMENTS FAÇADE DESIGN A minimum of 50 points is required.
Design Element Points
Value
Variation of street-facing front façade plane by a minimum depth of 24 inches for the entire height of the structure 30
15 USPS National Delivery Planning Standards: https://about.usps.com/handbooks/po632.pdf
TABLE 1: DETACHED RESIDENTIAL, DUPLEX, AND TRIPLEX DEVELOPMENTS FAÇADE DESIGN A minimum of 50 points is required.
Design Element Points
Value
At least every 30 feet along the street facing building façade, horizontal eaves shall be broken by at least one of these strategies:
Inclusion of gables
Change in the roof height by a minimum of 2 feet
Inclusion of dormer windows
30 A covered porch for each unit entrance with a minimum landing depth of 5 feet (excluding stairs), minimum landing width of 5 feet (excluding stairs), and minimum clear floor -to- ceiling height of 8 feet
30 At least two distinct building materials that each make up at least 25 percent of the total building facades 20
At least one balcony for all street facing units with no dimensions less than 5 feet 20
A projected stoop for each unit entrance with a minimum overhang projection of 3 feet from the façade plane, minimum landing depth of 5 feet (excluding stairs), minimum landing width of 5 feet (excluding stairs), and minimum clearance of 8 feet from top of the landing to the underside of the overhang/canopy
20 Windows covering at least 20 percent of the total surface area of the front facing façade 20
At least one bay window or box window along the street-facing facades with a minimum projection of 18 inches from the façade 10 Window moldings at least 4 inches wide on all windows 10 Use of shutters on at least 50 percent of street facing windows 10 TABLE 2: MULTI-UNIT RESIDENTIAL (4+ UNITS) FAÇADE DESIGN A minimum of 100 points is required for developments with 4-10 units.
A minimum of 125 points is required for developments with 11+ units.
Design Element Points
Value
Balconies on at least 50 percent of street facing units with no dimensions less than 5 feet 50
A covered porch for each ground floor unit with a minimum landing depth of 5 feet (excluding stairs), minimum landing width of 5 feet (excluding stairs), and minimum clear floor-to- ceiling height of 8 feet
50 A projected stoop for each ground floor unit with a minimum overhang projection of 3 feet from the façade plane, minimum landing depth of 5 feet (excluding stairs), minimum landing width of 5 feet (excluding stairs), and minimum clearance of 8 feet from top of 35
TABLE 2: MULTI-UNIT RESIDENTIAL (4+ UNITS) FAÇADE DESIGN A minimum of 100 points is required for developments with 4-10 units.
A minimum of 125 points is required for developments with 11+ units.
Design Element Points
Value
the landing to the underside of the overhang
A projected stoop for the primary building entrance with a minimum overhang projection of 5 feet from the façade plane, minimum landing depth of 5 feet (excluding stairs), minimum landing width of 8 feet (excluding stairs), and minimum clearance of 8 feet from top of the landing to the underside of the overhang
35 At least one of the building material treatments:
Use of a siding or cladding material on the ground floor building facades that differs from the materials used above the ground floor
Use of at least two distinct building materials that each make up at least 25 percent of the total building facades
35 Variation in roof height or parapet by at least 2 feet 35 Roof overhang of at least 2 feet along all street facing facades 35 Upper story step back of at least 5 feet along at least 75 percent of street facing facades 35
Use of horizontal window overhangs with a depth of at least 18 inches covering the entire length of the window on at least 25 percent of street facing windows
35 Windows covering at least 20 percent of the total surface area of the front facing façades 35
Cornices along the top of all building facades that are at least 6 inches deep 25
At least one sconce light fixture every 15 feet along the street facing facades 25
At least one horizontal decorative band that is either:
A building material that is different from abutting façade materials
Projects at least 2 inches along at least 50 percent of the building facades
20 Window moldings at least 4 inches wide on all windows 20 Use of shutters on at least 50 percent of street facing windows 20
Chapter 10, Article 1, Zoning Ordinance. In addition to the updated Residential District sections, further updates are proposed to the remainder of Chapter 10, Article 1 (Zoning Ordinance) to remove subjective standards related to residential development, align with recently adopted State legislation, eliminate discrepancies following the adoption of the City’s 6th Cycle Housing Element, and provide clean up and clarification where necessary. All revisions to Chapter 10, Article 1, Zoning Ordinance are provided in redline (strikethrough for deleted text and underline for new text) in Attachment III, Exhibit B.
Chapter 10, Article 2, Off-Street Parking Regulations. The proposed updates to Chapter 10, Article 2, Off-Street Parking Regulations, are aimed at addressing community concerns related to inadequate parking, ensuring standards align with State Law, correcting terminology for consistency, and removing redundancies. All revisions to Chapter 10, Article 2, Off-Street Parking Regulations are provided in redline (strikethrough for deleted text and underline for new text) in Attachment III, Exhibit C. Key changes proposed since the September 12, 2023 work session are described below.
HMC 10-2.310, Large Detached Residential. In response to community and Planning Commission concerns regarding having sufficient off-street parking for large, detached homes, the parking requirement for detached homes over 3,000 square feet is proposed to be increased from two covered parking spaces to three covered parking spaces. As specified in the proposed code language, the required spaces must be located within an enclosed garage.
HMC 10-2.403, Residential Credit for Transportation Demand Management Program. In response to feedback from the Planning Commission and City Council, the proposed maximum parking reduction for residential projects that employ specified Transportation Demand Management (TDM) measures has been reduced from 15 percent to five percent. Only projects that are required to provide at least 20 off-street parking spaces would be eligible for the reduction. Additionally, the list of eligible TDM measures has been adjusted to include more bicycle related options, and a points value has been assigned to each measure. Eligible residential projects would need to include TDM measures totaling at least 15 points in order to receive the 5 percent parking reduction.
HMC 10-2.414, Unbundled Parking. In October, the Governor signed AB 1317 into law.
This new legislation requires that new residential rental developments with 16 or more units that are constructed after January 1, 2025, unbundle the cost of parking from the cost of housing. At the October 26, 2023 Planning Commission public hearing, staff proposed a standard that would go beyond the requirements of State law to allow unbundled parking for all rental projects of four or more units. Citing concerns raised by the Public Works Director and a general lack of Hayward -specific data on the effects of unbundling, the Planning Commission recommended modifying the draft standard (HMC Section 10-2.414) to align with the requirements of State law without exceeding them. The latest proposed version of HMC Section 10-2.414 reflects this requested modification.
Chapter 10, Article 24, Mission Boulevard Code. The Mission Boulevard Code was first adopted in 2014 and updated in 2020. All proposed amendments to this Article are to ensure standards are objective and create consistency with residential regulations applicable in other zoning districts. A summary of key amendments is described below. Various Sections, Lot Coverage. Lot coverage requirements are proposed to be removed to be consistent with the changes proposed for other residential zoning districts. The size of structures within the Mission Boulevard Code area will be controlled by setbacks, height limits, and new proposed massing standards.
Various Sections, Open Space. The open space amenity requirements from the new consolidated residential section are proposed to be applicable to the Mission Boulevard Code to ensure the inclusion of high-quality open spaces in new developments. HMC 10-24.3.2.060, Landscape Buffer. Consistent with standards proposed for other residential districts, new development within the Mission Boulevard Corridor Neighborhood (MB-CN) and Mission Boulevard Neighborhood Node (MB-NN) districts would be required to install landscape buffers with evergreen trees if new buildings are 15 feet or taller than existing buildings on abutting properties. This will ensure softened transitions between the higher densities permitted in these districts and surrounding lower density existing development.
HMC 10-24.3.2.010, Architectural Standards. All subjective architectural standards are proposed to be removed and replaced with building massing and façade design requirements that closely align with the standards proposed for multi -unit developments within the new consolidated residential standards. Table 3 contains the proposed façade design points table for the Mission Boulevard Code area. New developments would be required to earn at least 70 façade design points from the table.
Coupled with the Code’s existing building frontage standards in Section 10-24.3.3.030, the new objective architectural standards will ensure that new development within the Mission Boulevard Code area more closely mirrors the community’s preferences.
At their October 26, 2023 public hearing, the Planning Commission recommended that this table be modified to remove points for murals and sculptures as they were concerned over the lack of oversight over potential public art pieces. Rather than removing points for public art, staff addressed the Planning Commission’s concerns by revising the table to require that any public art must be formally approved by the City Manager and Development Services Director through the City’s established Mural Art Program. This will ensure that there is oversight over art pieces proposed as part of new development along Mission Boulevard.
TABLE 3: MISSION BOUELVARD FAÇADE DESIGN
A minimum of 70 points is required.
Design Element Points
Value
Balconies on at least 50 percent of street facing units with no dimensions less than 5 feet 50
Use of a siding or cladding material on the ground floor building facades that is different from the materials used above the ground floor 35 At least two distinct building materials that each make up at least 25 percent of the total building facades. 35
Variation in roof height or parapet by at least 2 feet 35 Roof overhang of at least 2 feet along all street facing facades 35 Upper story step back of at least 5 feet along at least 75 percent of street facing facades. 35
Use of horizontal window overhangs with a depth of at least 18 inches covering the entire length of the window on at least 25 percent of street 35
TABLE 3: MISSION BOUELVARD FAÇADE DESIGN
A minimum of 70 points is required.
Design Element Points
Value
facing windows
Windows covering at least 20 percent of the total surface area of the front facing façades 35
Cornices along the top of all building facades that are at least 6 inches deep 25
At least one sconce light fixture every 15 feet along the street facing facades 25
A mural or wall mounted sculpture that is at least 200 square feet along a street-facing facade. The art piece must be approved through the City’s Mural Art Program.
20 At least one horizontal decorative band that is either:
A building material that is different from abutting façade materials Projects at least 2 inches along at least 50 percent of the building facades
20 Window moldings at least 4 inches wide on all windows. 20 Use of shutters on at least 50 percent of street facing windows. 20
Chapter 10, Article 28, Downtown Development Code. Adopted in 2019, the Downtown Development Code contains detailed development and design standards. All proposed amendments to this Article are to ensure standards are objective and create consistency with other residential regulations. A summary of the key amendments is described below and included in Attachment III, Exhibit E.
Various Sections, Lot Coverage. Lot coverage requirements are proposed to be removed to be consistent with the changes proposed for other residential zoning districts. The size of structures Downtown will be controlled by setbacks, height limits, and massing standards.
Various Sections, Open Space . Two building forms (Cottage Court and Multiplex:
Small) currently require common open space. The open space amenity requirement from the new consolidated residential section is proposed to be applicable to the relevant Downtown development to ensure high-quality open spaces. Various Sections, Unit Count . Some Downtown building forms limit the number of units allowed on a lot or in a building, which can preclude developments from meeting their allowable density per the General Plan . A s a result, a ll standards that potentially precluded General Plan densities from being met are proposed to be removed.
HMC 10-28.3.3.160, Architectural Elements. The Downtown Development Code includes detailed architectural requirements related façade design and articulation.
These are proposed to be modified slightly to ensure objectivity and clarity.
Zoning Map Amendments. The Hayward 2040 General Plan and Zoning Ordinance shape and regulate development throughout the city. The land use designations within the General Plan
determine what densities and general land uses are allowed in various parts of the city, while the Zoning Ordinance contains regulations that determine the form and design of development and specific uses that are allowed. Under California State law, the Zoning Ordinance is required to be internally consistent and compatible with the General Plan.16 Of the over 20,000 Residential Low (RL) zoned parcels in Hayward (previously referred to as “RS”), 857 parcels are inconsistent with their underlying residential General Plan land use designations, in that the General Plan requires a higher minimum density than is currently allowed by the Zoning Ordinance.17
The majority of these inconsistencies are proposed to be remedied by removing standards related to residential density from the Zoning Ordinance so that properties default to the density ranges allowed by the General Plan. In addition, staff recommends the rezoning of 49 parcels to zoning districts that more closely align with their General Plan land use designations.
A comprehensive list of the 49 parcels proposed to be rezoned, their General Plan land use designations, and the existing and proposed zoning can be found in Attachment III, Exhibit F.
Policy Context and Code Compliance
Hayward 2040 General Plan . The proposed Zoning Map and Text Amendments are consistent with the goals and policies set forth in the Hayward 2040 General Plan in that the updated regulations are designed to protect and enhance the city’s housing stock. The y establish objective design standards for the Residential Natural Preserve, Low Density Residential, Medium Density Residential, High Density Residential, Mission Boulevard, and Downtown districts in alignment with the Hayward 2040 General Plan and State law.
In addition, the General Plan states, “The [General Plan] Land Use Diagram is largely implemented through the City’s zoning regulations… By definition, the Land Use Diagram is intended to be more general than the Zoning Map. Because land use designations may not reflect specific property and neighborhood conditions, they should not be interpreted to either propose or preclude land uses or developments without consideration of the guiding principles, goals, and policies of the General Plan.” As such, the General Plan will continue to determine general uses (e.g. residential) and density ranges allowed on a given property, while the Zoning Ordinance will be used to determine the more specific uses (e.g., detached residential, duplex, triplex, or multi-unit residential) permitted and the applicable development and design requirements.
The proposed Amendments are consistent with the following goals and policies set forth in the Hayward 2040 General Plan:
Goal LU-1.7: Maintain and implement commercial, residential, industrial, and hillside design guidelines to ensure that future development complies with General Plan goals and policies.
16 Government Code Section 65300.5
17 Currently, the RL District does not have an explicit density standard, but rather, allowable density is determined through allowed uses (typically one primary detached dwelling unit, or two if a lot exceeds 10,000 square feet) and minimum lot size requirements.
Goal LU -2.7: Develop, maintain, and implement a plan to establish a vision for Downtown Hayward and to guide and regulate future development and infrastructure improvements.
Goal LU-2.12: Maintain and implement the Mission Boulevard to guide and regulate development within the Mission Boulevard Mixed-Use Corridor. Goal LU-3.6: Encourage residential developments to incorporate design features that encourage walking within neighborhoods by:
o Creating a highly connected block and street network. o Designing new streets with wide sidewalks, planting strips, street trees, and pedestrian-scaled lighting.
o Orienting homes, townhomes, and apartment and condominium buildings toward streets or public spaces.
o Locating garages for homes and townhomes along rear alleys (if available) or behind or to the side of the front façade of the home.
o Locating parking facilities below or behind apartment and condominium buildings.
o Enhancing the front façade of homes, townhomes, and apartment and condominium buildings with porches, stoops, balconies, and/or front patios. o Ensuring that windows are provided on facades that front streets or public spaces.
Goal LU-3.7: Protect the pattern and character of existing neighborhoods by requiring new infill developments to have complimentary building forms and site features.
Goal LU -3.8: Require home additions to be compatible with the mass, scale, and character of the existing home and neighborhood by using compatible building forms, materials, and features. Home additions along rear or side facades are encouraged.
Goal M-9.1: Ensure that adequate parking is provided appropriately to all areas of the city, while prioritizing alternative transportation modes and Transportation Demand Management strategies that reduce parking demand. Goal M -9.2: Consider reduced parking requirements for projects located near public transit, or new residential developments that fulfill senior, disabled, or other special housing needs.
Goal M -9.10: Encourage multifamily development projects to separate (i.e., unbundle) the cost of parking from lease or rent payments. Goal H-3.1: Implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low -density single family uses, moderate -density townhom es, and higher -density apartments, condominiums, transit-oriented developments, live-work units, and units in mixed - use developments.
Goal H -3.6: Allow flexibility within the City’s standards and regulations to encourage a variety of housing types.
Goal H-4.1: Strive to create and administer clear objective development standards and streamlined approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.
Zoning Ordinance. As indicated above, the proposed Text and Map Amendments will help align the City’s Zoning Ordinance with the City’s General Plan. Pursuant to HMC Section 10-
1.3425(b),18 the Planning Commission shall make the following findings prior to recommending approval or approving zoning text and zoning map amendments:
1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward;
2. The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans;
3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified; and
4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
Based on the information contained in this report, staff recommends that the City Council make the necessary findings and approve the proposed zoning map and text amendments. Additional details and staff analysis to support these findings can be found in Attachment II.
Environmental Review
On July 1, 2014, the City Council adopted Resolution No. 14 -108, approving the Hayward 2040 General Plan Update and related Program Environmental Impact Report (EIR). In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an addendum to a p reviously certified EIR if some changes or additions are necessary pursuant to the conditions described in Section 15162 .
Under Section 15162, a subsequent EIR need not be prepared unless the lead agency determines one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
18 Required Findings:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-
1.3400AM_S10-1.3425PLCOPR
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably differ ent from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The proposed Amendments are entirely consistent w ith the Hayward 2040 General Plan .
Thus, no new or unanticipated levels of development are expected as a result of the proposed Amendments that were not previously identified in the General Plan and General Plan EIR .
No new or unanticipated traffic, employment density, or construction impacts are expected to be generated as a result of adoption of these regulations. Therefore, the proposed Amendments substantially conform to the Goals, Policies, and Land Use Diagram set forth in the Hayward 2040 General Plan and were adequately analyzed in the related Program EIR.
As such, no further environmental review is necessary.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect and Produce Housing for All. Specifically, this item relates to the implementation of the following project:
Project H6: Create objective residential development standards and update zoning regulations to align with the General Plan.
FISCAL IMPACT
Consultant Mintier Harnish’s approved contract and associated budget, including contingency, is $234,910 and will be paid through the HCD SB2 Planning Grant awarded in 2019. There is no additional fiscal impact associated with the draft regulations for the Hayward Residential Design Study.
NEXT STEPS
If the Council adopts the resolution and introduces the ordinance, an action item for adoption of the ordinance will be scheduled for a subsequent Council meeting. Pursuant to Section 620 of the City Charter, ordinances related to zoning are effective upon adoption by the City Council. The City must notify the County Assessor within 30 days of adoption of the ordinance regarding the re-zoning of the 49 parcels identified in the amended zoning map.
Prepared by: Taylor Richard, Associate Planner
Elizabeth Blanton, AICP, Senior Planner
Recommended by: Sara Buizer, AICP, Development Services Director
Approved by:
___________________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 23-___
Introduced by Council Member __________
RESOLUTION TO ADOPT ZONING MAP AND TEXT AMENDMENT S TO
CHAPTER 10 , ARTICLE 1 (ZONING ORDINANCE ), ARTICLE 2 ( OFF-STREET PARKING REGULATIONS ), ARTICLE 24 (MISSION BOULEVA RD CODE), AND ARTICLE 28 (DOWNTOWN DEVELOPMENT CODE) OF THE HAYWARD
MUNICIPAL CODE RELATED TO THE HAYWARD RESIDENTIAL DE SIGN STUDY
WHEREAS, the State of California adopted Senate Bills (SB) SB 35, SB 330, and SB 9, limiting local jurisdiction review on certain housing projects to standards that are objective, involving no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform be nchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal;
WHEREAS, on May 3, 2022, the City Council adopted Resolution No. 22-117, adopting the Updated City of Hayward Three Year Strategic Roadmap (Fiscal Year 2021 – Fiscal Year 2023), which contains Project H6 to create objective residential development standards and update zoning regulations to align with the General Plan, under the subcategory Preserve, Protect, and Produce Housing for All;
WHEREAS, in 2019, the City of Hayward (“the City”) was awarded grant funding under SB 2 for various housing projects, including to develop objective residential standards and make zoning updates to ensure consistency with the Hayward 2040 General Plan;
WHEREAS, on January 1 , 20 22, the City Counc il adopted Resolution No. 22-025, authorizing the City Manager to negotiate and execute an agreement with Mintier Harnish for the development and adoption of objective standards for residential development and zoning consistency updates;
WHEREAS, between February 2022 and April 2023, the consultant team and city staff conducted background research and community outreach, including preparing a Vision and Objectives document and a Background Report ; hosting an online community survey and interactive mappin g tool; conducting in-person “walkshops” (walking workshops) in five Hayward neighborhoods; hosting pop-up tables at various community events; holding stakeholder interviews with developers, architects, housing advocates, and community members; posting articles and information in the City’s e-newsletter and on its social media channels; and maintaining a detailed project website;
ATTACHMENT II
WHEREAS, on January 24, 2023 and February 9, 2023 , th e Council and Planning Commission, respectively, held public Work Sessions on the Parking Analysis completed for the Hayward Residential Design Study;
WHEREAS, on April 13, 2023 and April 18 , 2023 , th e Planning Commission and Council, respectively, held public Work Sessions on the Options and R ecommendations Report completed for the Hayward Residential Design Study;
WHEREAS, on August 24, 2023 and September 12, 2023 , the Planning Commission and Council, respectively, held public Work Sessions on the Draft Amendments completed for the Hayward Residential Design Study;
WHEREAS, on October 26, 2023, the Planning Commission considered the proposed Zoning Map and Text Amendment s and voted (5-0), that the City Council approve the proposed Amendments with modifications to align the unbun dled parking sta ndard with State law and remove design points for public art given the lack of oversig ht and a recommendation that staff and the Council consider raising the façade design point thresholds; and
WHEREAS, notice of the hearing was published in the manner required by law and the hearing was duly held by the City Council on December 12, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:
CALIFORNIA ENVIRONMENTAL QUALITY ACT
1. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan . On July 1, 2014, the City Counc il adopted R esolution No. 14 -108, approving the Hayward 2040 General Plan Update and related Pro gram Environmental Impact Report (EIR).
2. In accordance with Sec tion 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but n one of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map and text am endments as a subsequent action contemplated wit h the adoption of the Haywar d 2040 General Plan Update . The Amendments are fully consistent with the General Plan Land Use diagram.
3. Based on the draft regulations and the analysis provided in this staff report, no new or unanticipated levels of development are anticipated that w ere not previously identified in the General Plan and General Plan EIR , and n o n ew or unanticipated traffic, residential or employment density, or construction impacts are expected to be generated as a result of adoption of these regulations . Therefore, the proposed
ATTACHMENT II
Amendments substantially conform to the Goals and Policies set forth in the General Plan that were analyzed in t he related Program EIR . N o further environmen tal review is necessary.
4. That the project complies wi th CEQA, and that the City Council has reviewed and considered the information prior to approving the project. The custodian of the record of proceedings upon which this decision is based i s the Developm ent Services Department of the City of Hayward located at 777 B Street, Hayward, CA 94541.
FINDINGS FOR ZONING MAP AND TEXT AMENDMENTS TO THE HAYWARD MUNICIPAL CODE
1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward;
The proposed Zoning Map and Text Amendments will promote the public health, safety, convenience and gen eral welfare of the residents in Hayward in that the updated regulations will promote attractive high quality residential development that benefits existing and future residents; address and minimize compatibility issues between higher and lower density residential uses; and create a more predictable and streamlined development process for housing developers aligned with State housing law.
2. The proposed change is in conformance with all applicable, officially adopted policies and plans;
The proposed Zoning Map and Text Amendments are consistent with the goals and policies set forth in the Hayward 2040 General Plan in that the updated regulations are designed to protect and enhance the city’s housing stock.
The proposed Zoning Map Amendments establish obje ctive design standards for the Residential Natural Preserve, Low Density Residential, Medium Density Residential, High Density Residential, Mission Boulevard, and Downtown districts in alignment with the Hayward 2040 General Plan and State law. The propose d Amendments are consistent with the following goals and policies set forth in the Hayward 2040 General Plan:
Goal LU -1.7: Maintain and implement commercial, residential, industrial, and hillside design guidelines to ensure that future development compli es with General Plan goals and policies.
Goal LU -2.7: Develop, maintain, and implement a plan to establish a vision for Downtown Hayward and to guide and regulate future development and infrastructure improvements.
ATTACHMENT II
Goal LU -2.12: Maintain and implement the Mission Boulevard Code to guide and regulate development within the Mission Boulevard Mixed-Use Corridor.
Goal LU -3.6: Encourage residential developments to incorporate design features that encourage walking within neighborhoods by:
Creating a highly connected block and street network. Designing new streets with wide sidewalks, planting strips, street trees, and pedestrian-scaled lighting.
Orienting homes, townhomes, and apartment and condominium buildings toward streets or public spaces.
Locating garages for homes and townhomes along rear alleys (if available) or behind or to the side of the front facade of the home.
Locating parking facilities below or behind apartment and condominium buildings.
Enhancing the front facade of homes, townhomes, and apartment and condominium buildings with porches, stoops, balconies, and/or front patios. Ensuring that windows are provided on facades that front streets or public spaces.
Goal LU -3.7: Protect the pattern and character of existing neighborhoods by requiring new in fill developments to have complimentary building forms and site features.
Goal LU -3.8: Require home additions to be compatible with the mass, scale, and character of the existing home and neighborhood by using compatible building forms, materials, and feat ures. Home additions along rear or side fac ades are encouraged.
Goal M-9.1: Ensure that adequate parking is provided appropriately to all areas of the city, while prioritizing alternative transportation modes and Transportation Demand Management strategies that reduce parking demand.
Goal M-9.2: Consider reduced parking requirements for projects located near public transit, or new residential developments that fulfill senior, disabled, or other special housing needs.
Goal M -9.10: Encourage multifamily devel opment projects to separate (i.e., unbundle) the cost of parking from lease or rent payments.
ATTACHMENT II
Goal H -3.1: Implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low -density single family uses, moderate -density townhomes, and higher -density apartments, condominiums, transit-oriented developments, live -work units, and units in mixed - use developments.
Goal H-3.6: Allow flexibility within the City’s standards and regulations to encourage a variety of housing types.
Goal H -4.1: Strive to create and administer clear objective d evelopment standards and streamlined approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.
3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and
The proposed Zoning Map and Text Amendments make small changes to the allowable uses in the city’s residential zoning d istricts. The proposed uses are generally consistent with land uses envisioned in the Hayward 20 40 General Plan and analyzed in the related Program Environmental Impact Report. While the city’s residential areas are generally built out and have adequate st reets and public facilities to serve the areas, each new project would be evaluated on a case -by-case basis for environmental impacts and would be required to install or upgrade utilities, upgrade roadways or install frontage improvements as standard condi tions of approval to ensure that the future development or land use is adequately served.
4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
The proposed Zoning Map and Text Amendments include residential districts with allowable uses and development standards to ensure that future housing development is compatible with existing development. The p roposed Amendments include the creation of building massing and landscaping standards that will buffer higher density residential uses from adjacent lower density uses. The Amendments would achieve a beneficial effect by promoting well -designed, amenity -rich residential development. Overall, the propose d Amendments would protect and enhance the city’s residential areas by providing coherent site -specific standards and expectations for future development within the area.
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the f oregoing findings, hereby adopts the findings in support of Zoning Map and Text Amendments related to the Hayward Residential Design Study, subject to the adoption of the companion Ordinance.
BE IT FURTHER RESOLVED that this resolution shall become effective on the date that the companion Ordinance (Ordinance No. 23-___) becomes effective.
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
Attachment III
ORDINANCE NO. 23-___
AN ORDINANCE AMENDING THE ZONING MAP AND CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE ), ARTICLE 2 ( OFF-STREET PARKING
REGULATIONS), ART ICLE 24 (MISSION BOULEVARD CODE ) AND ARTICLE 28 ( DOWNTOWN DEVELOPMENT CODE ) OF THE HAYWARD MUNICIPAL
CODE ASSOCIATED WITH THE HAYWARD RESIDENTIAL DESIGN STUDY
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1 . Provisions. The City Council incorporates by reference the finding s contained in Resolution 23-XX approving the Zoning Map and Zoning Text Amendments to the Hayward Municipal Code as detailed in Exhibits A, B, C, D, E, and F.
Section 2. The Zoning Map is he reby amend ed to rezone 49 properties with High Density Residential and Commercial/High De nsity Residentia l General Plan land use designations from Single Family Residential District to Planned Development District, Medium Density Residential Dis trict, High Density Residen tial District and Neighborhood Commercial District, as illustrated in the Exhibit F, introduced herewith and as specifically shown in this Ordinance.
Section 3. Chapter 10, Planning, Zoning, an d Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to add certain text (as indicated by underline) and delete certain provisions (as indic ated by strikethrough) in the attached Exhibit s A thorough E, related to the following: elimination of Hayward Municipal Code Section s 10-
1.200: Single-Family Residential D istrict, Section 10 -1.300: Residential Natural Preservation District, Section 10 -1.400: Medium Density R esidential District and Section 10-1.500: High Density Residential and replacement of those existing Sections with Section 10-1.200: Residential Districts; and miscellaneous revisions to Chapter 10 Article 1: Zoning Ordinance, Article 2 : Off -Street Parking Regulations , Article 24 : Mission Boulevard Code and Article 28 : Downt own Development Code , introduced herewith and as specificall y shown in this Ordinance.
Section 4. Severance. Should any part of this Ordinance be declared by a final decision by a cou rt or tribunal of competent jurisdiction to be unconstitutional, i nvalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably inte rpreted to give effect to the intentions of the City Council.
Section 4. Effective Date. Pursuant to Section 620 of the City Charter, the Ordinance shall become effective immediately upon adoption by the City Council.
Section 5. Notice to Assessor. Pursuant to Government Code section 65863.5, the City Manager, or her designee, is authorized and directed to notify the county assessor of the re -zoning of proper ties p ursuant to this Ordinance. Such notice shall be provided within 30 days of adoption of this Ordinance.
INTRODUCED at a regular mee ting of the City Council of the City of Hayward, held the 12th day of December 2023, by _________.
ADOPTED at a regular meeting of the City Council of the City of Hayward, held the ____ day of _____, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: _______________________________________
Mayor of the City of Hayward
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
Attachment III, Exhibit A
Sec. 10-1.200 Residential Districts
Sec. 10-1.201 Purpose
a. Low Density Residential District (RL). The Single-Family Residential District (RS) shall now be known as the Low Density Residential District ( RL). All references throughout the Hayward Municipal Code to the Single-Family Residential District (RS) shall be treated as a reference to the Low Density Residential District (RL). The RL District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment for households of all types and sizes. The RL District is suitable for detached residential units, duplexes, triplexes, and the community services appurtenant thereto as permitted by this Zoning Ordinance.
b. Residential Natural Preservation District (RNP). The purpose of the Residential Natural Preservation (RNP) District is to allow for the development of area s where topographic configuration is a major consideration in determining the most appropriate physical development of the land, and to allow such development only where it is subservient to and compatible with the preservation of major natural features of the land such as preserving the tree line in this zoning district. It is the intention of the regulations for this district that it be served by limited circulation facilities, and that it be utilized where large open spaces, individual privacy, and semi -agricultural pursuits are suited to the land.
c. Medium Density Residential District (RM). The RM District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable environment for households of all types and sizes through a mingling of different housing types and densities and compatible community services. d. High Density Residential District (RH). The RH District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to promote and encourage a suitable high density residential environment through the development of multi -unit buildings and compatible community services.
Sec. 10-1.202 Use Regulations—Residential Districts
Table 10-1.202, Land Use Regulations —Residential Districts, sets the land use regulations for the RNP, RL, RM, and RH Districts by letter designation as follows, unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Hayward Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. "-" designates uses that are not allowed.
A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.
City of Hayward
Section numbers in the right-hand column refer to other sections of the Zoning Ordinance, other limitations, and applicable subsections following the Table.
Land uses are defined in Article 1, Section 10 -1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the Table or not found to be substantially similar to the uses below are prohibited.
Unless otherwise explicitly stated, all uses shall be conducted indoors.
TABLE 10-1.202: USE REGULATIONS—RESIDENTIAL DISTRICTS
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “-“ Use Not Allowed
Use
District
Additional Regulations
RNP RL RM RH
Residential Uses
Detached residential unit(s) P P P -
Subject to density limitations in the
General Plan; See Section 10-1.204(e).
Additions to detached residential units in
the RH District existing before the effective
date of this Ordinance are permitted.
Duplex/Triplex - P P P Subject to density limitations in the General Plan; See Section 10-1.204(e).
Multi-unit residential (4+ attached
units)
- - P P Subject to density limitations in the
General Plan; See Section 10-1.204(e).
Accessory dwelling unit(s) P P P P Where primary use is residential. See Section 10-1.2740 for criteria and
standards.
Two-Unit Development - P - - As provided in Government Code Sections 66411.7 and 65852.21, as amended from
time to time.
Group home (6 or fewer residents,
excluding staff)
P P P P See definitions.
Large group home (7 or more
residents, excluding staff)
C C C C
Boarding home - - C C
Dormitory - - C C
Other Uses
Ambulance service - A A A
Cultural facility A A A A
Day care, home (State-licensed, less
than 24-hour care for children or
P P P P See definitions.
Attachment III, Exhibit A
TABLE 10-1.202: USE REGULATIONS—RESIDENTIAL DISTRICTS
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “-“ Use Not Allowed
Use
District
Additional Regulations
RNP RL RM RH
adults, 14 or fewer persons,
excluding staff)
Day care center (State-licensed, less
than 24-hour care for children or
adults, 15 or more persons,
excluding staff)
A A A A See definitions.
Educational facility A A A A
Hospital - A A A
Convalescent Home - A A A
Livestock A A - -
Parking lot - A A A
Recreational facility A A A A
Religious facility A A A A
Wind energy conversion system A A A A Permitted by right if accessory to a primary use.
Golf course - C C C
Country club - C C C
Public agency facilities P P P P See definitions.
Accessory buildings and uses P P P P See Section 10-1.204(a).
Garage sales P P P P Four per year per dwelling. See General Regulations Section 10-1.2735(e).
Home Occupation P P P P See definitions.
Home Occupation, expanded A A A A See definitions.
Household pets P P P P See definitions and Section 10-1.2735(f).
Apiaries P P - - See definitions and Section 10-1.2735(f).
Sec. 10-1.203 Development Standards
Table 10-1.203, Development Standards -Residential Districts, prescribes the development standards for the RNP, RL, RM, and RH Districts.
City of Hayward
TABLE 10-1.203: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RNP RL RM RH
Lot Requirements. See also combining B District (Section 10-1.2400) Minimum Lot Size (sf)* See also Section 10-1.2720 for Special Lot Requirements.
Not applicable to townhome subdivisions, which are permitted lots that are consistent with the townhome footprint and associated private outdoor areas.
*Where there is a conflict between applicable General Plan density and minimum lot size in this section, the General Plan density prevails. 20,000 5,000 5,000 7,500
Minimum Lot Frontage (ft) See also Section 10-1.2720 for Special Lot Requirements. 35 35 35 35
Minimum Flag Lot Frontage (ft) See City Standard Detail SD-109 for additional flag lot criteria.
One-Flag Lot 22 22 - -
Two-Flag Lots 28 28 - -
Minimum Average Lot Width (ft) See also Section 10-1.2720 for Special Lot Requirements. 100 50 60 60
Maximum Required Rear Yard
Coverage
40% 40% - -
Minimum Average Lot Depth (ft) 100 80 80 80
Yard Requirements. See also combining B District (Section 10-1.2400) Minimum Yards (ft) See also Section 10-1.2725 for Special Yard Requirements and Exceptions.
For townhome subdivisions, yard requirements apply to the perimeter of the entire site, not individual townhome lots.
Upper stories shall match or be stepped back from the ground floor wall planes.
Additional setbacks may apply from flood plains, faults and other similar environmental constraints.
Front Yard 20 15
20 (attached
garage)
10 10
Side Yard 10 5 5 5
Side Street Yard 10 10 10 10
Rear Yard 30 from the tree
line
20 Reduction to 10
feet is permitted
for one-story
portions of the
10 10
Attachment III, Exhibit A
TABLE 10-1.203: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RNP RL RM RH
primary
structure(s),
provided the
required rear yard
area is not
reduced by more
than 20 percent
Height Requirements
Maximum Height (ft) See also Section 10-1.2730 for Special Height Requirements and Exceptions.
Building Height
Detached Residential Unit(s) 30 (2-stories) 30 (2-stories) 30 (2-stories) 30 (2-stories) Only applicable
to units existing
before the
effective date of
this Ordinance
Duplex/Triplex - 30 (2-stories) 40 (3-stories) 40 (3-stories) Multifamily Residential
(4+ Units)
- - 50 (4-stories) 60 (5-stories)
Non-Residential Buildings 30 (2-stories) 30 (2-stories) 40 (3-stories) 40 (3-stories) Accessory Building (excluding
ADUs, See Section 10-1.2740)
14 (1-story) 14 (1-story) 14 (1-story) 14 (1-story)
Fences/hedges/walls See also Sections 10-1.204(f) and 10-1.2725(g) for additional standards Front and Side Street Yard 4 4 4 4
Side and Rear Yard 7 7 7 7
Sec. 10-1.204 Minimum Design Standards Applicable to All Districts a. Accessory Buildings, Detached. Detached accessory buildings, including but not limited to carports, garages, greenhouses, freestanding patio covers, and sheds shall meet the following criteria. Does not include Accessory Dwelling Unit(s) - see Section 10-1.2740. (1) Metal or plywood structures shall be painted.
(2) Shall not be located in a required front yard or side street yard. (3) Shall not be located in front of a primary building, with the exception of detached carports or garages.
City of Hayward
(4) Accessory buildings less than or equal to 120 square feet in area shall be setback a minimum of 3 feet from a side and rear property line.
(5) Accessory buildings exceeding 120 square feet in area shall be setback a minimum of 5 feet from a side and rear property line.
(6) Shall be setback a minimum of 5 feet from any structure. (7) The total area of all accessory buildings shall not exceed 50 percent of the ground floor area of the primary building(s).
(8) Accessory buildings may include a bathroom but shall not include a kitchen or bedroom. b. Additions to Primary Building(s).
(1) At the time that cumulative additions to a residence increase the original gross floor area by more than 50 percent or increase the number of bedrooms, the residence shall be required to p rovide all required off -street parking (per Section 10 -2.200 of the Off -Street Parking Regulations).
(2) All additions to existing residen tial development shall comply with applicable upper floor massing requirements specified in Section 10 -1.205(a) and Secti on 10 -1.206(a)(1).
Façade materials on the addition shall be the same as one or more of the primary façade materials used on the rest of the residential development. Primary façade materials are materials that cover at least 25 percent of all building façades. (3) All additions to existing residential development that increase the original gross floor area (excluding accessory structures) by at least 80 percent shall comply with all applicable requirements specified in Section 10-1.205 and Section 10-1.206. c. Building Entrances. At least one residential building shall have a primary entrance facing and visible from a street. If this is not possible due to site conditions or constraints, the primary entrance shall face the primary access driv eway. The entrances of o ther residential buildings on site shall face and be visible from either a street, driveway, or a pedestrian walkway. d. Decks and Ramps.
(1) Decks and ramps 12 inches or less in height (excluding railings) may be located in any required yard area.
(2) Ramps required for persons with physical disabilities may be located in any required yard area.
(3) Decks and ramps between 12 to 30 inches in height (excluding railings) may be located in any rear or side yard but no closer than 3 feet to the rear or side property line. (4) Decks 30 inches or more in height (excluding railings) shall conform to the minimum yard setback requirements of the primary building.
e. Density.
(1) Allowable density shall be determined by the applicable General Plan land use designation and net acreage.
(2) Net acreage excludes land required for public and private streets, parks, and other public facilities.
f. Fences, Hedges and Walls. (See also Section 10-1.2725(g).) (1) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls exceeding 3 feet shall not be permitted within the triangle of visibility.
Attachment III, Exhibit A
(2) Barbed wire, razor, or electrified fences are prohibited. (3) Retaining Walls.
a) Retaining walls which are not a part of building walls shall not exceed 6 feet in height as measured from finished grade elevation to top of wall. b) A maximum of two successive, approximately parallel retaining walls are permitted when they are separated by a minimum horizontal distance of 6 feet as measured between centerline of the walls.
c) Any additional successive walls shall require a minimum of 15 feet separation. d) The sides of exposed exterior retaining walls that are visible from the public right -of- way, private streets and driveways, and private and public common open space shall be architecturally treated with colored concrete, plaster, stone veneer, brick, tile, natural stone, cultured stone, the same material as the primary residential building or an acceptable alternative as approved by the Planning Director. Alternatively, the exposed exterior retaining wall may be screened by landscaping that blocks 50 percent of the visible wall area at maturity.
e) The Planning Director may administratively alter or waive any retaining wall requirement if there is evidence that no practical alternative exists, the purpose of these regulations will not be compromised, and no detrimental impact will result. g. Hillside Standards. Applicable to parcels located in the Hay ward Hills, defined as east of Mission Boulevard and south of “D” Street. See Section 10 -1.3500 for slope calculation formula. See Section 10-8.23 for additional requirements for development on slopes that exceed 20 percent. (1) Setbacks Abutting Permanent Open Space. All structures, including decks that exceed 12 inches in height, shall be setback a minimum of 30 feet from any rear property line and 10 feet from any side property line that abuts permanent open space, defined as land identified within a Habitat Conservation Plan or Natural Community Conservation Plan , land with a conservation easement, and/or regional park land.
(2) Slopes Equal to or Exceeding 15 Percent: Where the existing slope is equal to or exceeds 15 percent, dwellings sh all exhibit a stepped design that preserves the natural slope by adhering to the following standards:
City of Hayward
a) At each point, t he lowest floor of the structure shall not exceed eight feet above the adjacent exterior finished grade.
b) Grading of areas to the side and r ear of the building to create flat open spaces is not permitted on lots with an existing slope exceeding 25 percent. h. Landscaping.
(1) Applicable to All Districts
a) Landscape Buffers. New development with building facades that are at least 15 feet taller than the tallest existing buildings on immediately abutting parcels, shall include a landscape buffer at least 12 feet wide between the new and existing buildings. The landscape buffer shall include 15-gallon evergreen trees that create a continuous tree canopy at maturity as defined by the Sunset Western Garden Book. b) Required front and street side yards shall be landscaped except for permitted driveways and walkways. At least 75 percent of the designated landscape areas shall be covered with live plants at maturity as defined by the Sunset Western Garden Book. c) Ground covering mulch shall not include gravel, decorative rock, decomposed granite or non-biodegradable materials.
d) Edible fruit bearing or invasive root -system trees as defined by the Invasive Plant Council are prohibited in front or street side yards.
(2) Applicable to RL and RNP Districts
a) A minimum of one 15 -gallon-size tree shall be planted within the require d front yard and side street yard of each lot.
b) For a lot with more than 50 feet of street frontage, one tree shall be planted for every 50 feet or fraction thereof of frontage.
(3) Applicable to RM and RH Districts
a) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box tree per 30 lineal feet of frontage or fraction thereof unless otherwise approved by the City Landscape Architect.
(4) Landscaping Near BART or Railroad Track.
a) Parcels abutting and in direct view from the BART or railroad track right -of-way shall include a minimum 10 -foot wide landscape strip along the property line(s) abutting or in view from the BART or railroad track right-of-way.
b) A minimum of one 15 -gallon b uffer tree shall be planted for every 20 lineal feet of property line.
i. Lighting, Exterior. Exterior lighting shall be provided so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.
Attachment III, Exhibit A
j. Mailboxes. All residential developments shall locate mailboxes within one or more secured area(s) that cannot be accessed by the public , unless otherwise specified by the United States Postal Service. Detached residential subdivisions are excluded from this standard. k. Mechanical Equip ment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way. Equipment to be screened includes, but is not limited to, all roof -mounted equipment, air conditioners and related equipment, emergency generators, utility meters, cable equipment, backflow prevent ers, irrigation control valves, electrical transformers, pull boxes, and ducting. Screening materials shall be consistent with the exterior colors and materials of the building. (1) All mechanical equipment shall be located outside the required front yard and at least 3 feet from all other property lines.
(2) The Planning Director or other approving authority may waive this requirement where infeasible due to existing development or health and safety or utility requirements. l. Open Space. For developments with four or more residential units, a minimum of 150 square feet of open space is required per dwelling unit. Common use and/or private open space can be used to satisfy this requirement. Detached residential subdivisions with less than four units on each parcel are excluded from this requirement.
(1) For a development with 21 or more units, 50 percent of the required open space shall be outdoors.
(2) Required open space shall not include the required front or side street yard or exceed 5 percent slope.
(3) Common use open space shall be available to all residents. (4) Private open space which is directly available to individual units shall adhere to the following requirements.
a) Shall be at least 50 square feet in size and shall have no dimension less than 5 feet. b) Grade-level open space shall be screened from view by fencing or landscaping. (5) All new developm ents shall achieve the following point values for residential amenities, based on the total number of dwelling units in the project.
TABLE 10-1.204.1: RESIDENTIAL OPEN SPACE AMENITIES BY PROJECT SIZE Size of Project
(number of dwelling units)
Points Value
4 – 10 50
11 – 20 100
21 – 50 150
51 and up 200
a) Points for open space amenities shall be awarded in the following amounts. No partial points will be awarded for a partial amenity. Unless otherwise specified, points for each amenity type shall only be awarded once. If there are any outdoor amenities located City of Hayward
on a rooftop, an additional 20 points shall be added to the total. For amenities not listed, the Planning Director may assign point values based on similarities to listed amenities.
The residential amenities may be used to satisfy the open space area requirement specified above.
TABLE 10-1.204.2: RESIDENTIAL AMENITIES AND ASSOCIATED POINTS VALUE
Amenity Type Points
Value
Courtyard/garden
With seating and/or tables for at least 4 people 15
With seating and/or tables for at least 10 people 35
With seating and/or tables for at least 20 people 50
Pergola, shade, trellis or arbor structure 15
Playground with at least 3 pieces of play equipment including slides, swings, monkey bars, climbing walls, etc.
40 Community garden with at least 5 garden beds 40
Water drinking fountain with water bottle filler
1-2 5
2+ 10
Permanent affixed community barbecue 15
Outdoor kitchen with a countertop, sink, an appliance, and seating and tables for at least 10 people
50 Sports court
Bocceball 20
Table Tennis 20
Badminton 30
Tennis 30
Pickleball 30
Basketball - Half Court 25
Basketball - Full Court 50
Splash pad or fountain 15
Swimming pool or hot tub 35
Open lawn areas with no dimension less than 10 feet 15 Walking/running path at least 1000 linear feet in length with lighting and signage (i.e. mile markers, information boards, etc.)
25 Amphitheater with seating for at least 25 people 25
Community room
Library room with bookshelves and seating for at least 5 people 25 Media room with television and seating for at least 10 people 35 Game room with a least two game tables or consoles 30
Attachment III, Exhibit A
TABLE 10-1.204.2: RESIDENTIAL AMENITIES AND ASSOCIATED POINTS VALUE
Amenity Type Points
Value
Gathering room with countertop, cabinets, and sink with seating for at least 20 people
50 Gym/fitness room with at least 5 pieces of gym equipment 50 Co-working space with wi-fi, tables and seating for at least 8 people, and a bathroom
75 Fenced dog park with trash can
Measuring at least 50 feet by 20 feet 25
Measuring at least 100 feet by 20 feet with a dog waste bag dispenser and dog water fountain.
50 m. Projections into Yards.
(1) Architectural features such as bay windows, chimneys, cornices, eaves, open or covered porches and entries, may extend 2 feet into any required side yard and 5 feet into any required front or rear yard.
(2) Uncovered first floor landing places and outside open stairways may project 3 feet into any required yard, provided they do not exceed 6 feet in height (excluding railings) above ground level.
(3) Uncovered second or third floor landing places and outside open stairways may project 3 feet into a required rear yard, but no closer than 5 feet to a side property line. (4) Balconies may extend 5 feet into any required front or rear yard. n. Separation Between Residential Units. If there are multiple detached residential units located on the same property, each unit shall be setback at least 10 feet from each other. The separation for ADUs may be reduced to 5 feet.
o. Swimming Pools or Hot Tubs. May not be located in the required front or street side yard. All wall lines of a swimming pool or hot tub shall be setback 5 feet from any structure and from the side and rear property lines.
p. Trash and Recycling Facilities.
(1) Outdoor trash and recycling facilities shall be screened from view, utilizing a wood , metal, masonry, or landscape screening except where not visible to other residential units or from the street.
(2) Shall be a maximum of 300 feet away from any residential building entrance, as measured by path of travel.
(3) Trash and recycling facilities shall have covered roofs.
Sec. 10-1.205 Detached Residential, Duplex, and Triplex Minimum Design Standards a. Building Massing.
City of Hayward
(1) In the RNP and RL Districts.
a) If the building is less than or equal to 3000 gross square feet, the floor area of the second floor shall not exceed 80 percent of the gross floor area of the first floor. b) If the building is greater than 3000 gross square feet, the floor area of the second floor shall not exceed 75 percent of the gross floor area of the first floor. (2) In the RM and RH Districts, the floor area of the third floor shall not exceed 80 percent of the gross floor area of the first floor.
(3) For the purposes of this standard, the first floor shall be considered the floor where the garage is located . If the garage is detached from the primary structure or if there is no garage, the first floor shall be considered the floor where the primary entrance is located.
The second and third floors shall be considered the floors above the first floor.
b. Façade Design. All buildings, excluding accessory structures, shall incorporate a combina tion of any of the following design elements to achieve a minimum of 50 points. Partial points will not be awarded for partial design elements.
Attachment III, Exhibit A
TABLE 10-1.205.1: FAÇADE DESIGN ELEMENTS AND ASSOCIATED POINTS VALUE Design Element Points
Value
Variation of street-facing front façade plane by a minimum depth of 24 inches for the entire height of the structure 30
At least every 30 feet along the street facing front building façade, horizontal eaves shall be broken by at least one of these strategies:
Inclusion of gables
Change in the roof height by a minimum of 2 feet
Inclusion of dormer windows
30 A covered porch for each unit entrance with a minimum landing depth of 5 feet (excluding stairs), minimum landing width of 8 feet (excluding stairs), and minimum clear floor-to-ceiling height of 8 feet
30 At least two distinct building materials that each make up at least 25 percent of the total building facades 20
At least one balcony for all street facing units with no dimensions less than 5 feet 20 A projected stoop for each unit entrance with a minimum overhang projection of 3 feet from the façade plane, minimum landing depth of 5 feet (excluding stairs), minimum landing width of 5 feet (excluding stairs), and minimum cle arance of 8 feet from top of the landing to the underside of the overhang/canopy
20 Windows covering at least 20 percent of the total surface area of the street-facing front façade 20 At least one bay window or box window along the street -facing front facade with a minimum projection of 18 inches from the façade 10
Window moldings at least 4 inches wide on all windows 10 Use of shutters on at least 50 percent of street-facing windows 10
Sec. 10-1.206 Multi-unit Residential (4+ units) Minimum Design Standards a. Building Massing.
(1) Floor area of the fourth and fifth stories each shall not exceed 85 percent of the gross floor area of the first floor. For the purposes of this standard, the first floor shall be considered the floor where the primary entrance is located. The upper floors (second, third, fourth, fifth) shall be considered the floors above the first floor.
(2) Facades between 75 and 125 feet long shall have vertical breaks using recesses or projections of the façade plane that are at least 8 feet wide and 2 feet deep for the height of the structure at least once every 75 feet.
(3) Facades that equal to or greater than 125 feet long shall have vertical breaks using recesses or projections that are at least 15 feet wide and 10 feet deep for the height of the structure at least once every 125 feet.
b. Façade Design. All buildings, excluding accessory structures, shall incorporate a combination of any of the following design elements to achieve a minimum of 100 points for developments up to City of Hayward
10 dwelling units or a minimu m of 12 5 points for developments with 11 or more dwelling units .
Partial points will not be awarded to partial design elements.
TABLE 10-1.206.1: FAÇADE DESIGN ELEMENTS AND ASSOCIATED POINTS VALUE Design Element Points
Value
Balconies on at least 50 percent of street facing units with no dimensions less than 5 feet 50 A covered porch for each ground floor unit with a minimum landing depth of 5 feet (excluding stairs), minimum landing width of 8 feet (excluding stairs), and minimum clear floor -to-ceiling height of 8 feet
50 A projected stoop for each ground floor unit with a minimum overhang projection of 3 feet from the façade plane, minimum landing depth of 5 feet (excluding stairs), minimum l anding width of 5 feet (excluding stairs), and minimum clearance of 8 feet from top of the landing to the underside of the overhang
35 A projected stoop for the primary building entrance with a minimum overhang projection of 5 feet from the façade plane, minimum landing depth of 5 feet (excluding stairs), minimum landing width of 8 feet (excluding stairs), and minimum clearance of 8 feet from top of the landing to the underside of the overhang
35 At least one of the following building material treatments:
Use of a siding or cladding material on the ground floor building facades that differs from the materials used above the ground floor
Use of at least two distinct building materials that each make up at least 25 percent of the total building facades
35 Variation in roof height or parapet by at least 2 feet 35 Roof overhang of at least 2 feet along all street-facing facades 35 Upper story step back of at least 5 feet along at least 75 percent of street-facing facades 35 Use of horizontal window overhangs with a depth of at least 18 inches covering the entire length of the window on at least 25 percent of street-facing windows 35 Windows covering at least 20 percent of the total surface area of the street-facing front façade 35 Cornices along the top of all building facades that are at least 6 inches deep 25 At least one sconce light fixture every 15 feet along the street-facing facades 25 At least one horizontal decorative band that is either:
A building material that is different from abutting façade materials Projects at least 2 inches along at least 50 percent of the building facades 20 Window moldings at least 4 inches wide on all windows 20 Use of shutters on at least 50 percent of street-facing windows 20
Sec. 10-1.207 Non-residential Development Minimum Design and Performance Standards For non-residential development refer to the Development Standards, Section 10-1.203 and the Minimum Design and Performance Standards contained in the Neighborhood Commercial District, Section 10-1.845.
All non-residential development shall comply with the Hillside Design Guidelines.
Attachment III, Exhibit A
Sec. 10-1.208 Performance Standards Applicable to All Districts a. Entrance Lighting. All building entrances shall be li t from dawn to dusk for high visibility of the building entrance and safety.
b. Landscaping Maintenance.
(1) After initial installation, all plantings shall be maintained in a reasonably weed -free and litter-free condition, including replacement where necessary, as determined by the Planning Director.
(2) Required parking lot, buffer , front , and street side trees shall not be severely pruned, topped, pollarded, disfigured, or removed without issuance of a Tree Permit, as defined in the Tree Preservation Ordinance.
Sec. 10-1.209 Site Plan Review Required
Site Plan Review approval shall be required before issuance of any building or construction permit only if the Planning Director determines that a project materially alters the appearance and character of the property or area, or may be incompatible with City policies, standards, and guidelines.
SEC. 10-1.100 GENERAL PROVISIONS
Hayward, California, Municipal Code C reated: 2023 -03-06 10:03:25 [EST] (
Supp. No. 19, Update 1)
SEC. 10-1.100 GENERAL PROVISIONS1
SEC. 10-1.125 ESTABLISHMENT OF ZONING DISTRICTS.
Zoning districts are designated as follows:
RESIDENTIAL
RLS Single-FamilyLow Density Residential District
RNP Residential Natural Preservation District
RM Medium Density Residential District
RH High Density Residential District
RO Residential-Office District
MH Mobile Home Park District
COMMERCIAL
CN Neighborhood Commercial District
CN-R Neighborhood Commercial—Residential District
CG General Commercial District
CO Commercial Office District
CL Limited Access Commercial District
CB Central Business District
CR Regional Commercial Retail District
SMU Sustainable Mixed Use District
DOWNTOWN/CENTRAL CITY
CC-C Central City—Commercial District
CC-P Central City—Plaza District
CC-R Central City—Residential District
NE Neighborhood Edge District
NG Neighborhood General District
UN Urban Neighborhood District
UNL Urban Neighborhood Limited District
DM Downtown Main Street District
UC Urban Center
MISSION BOULEVARD
MB-NN Mission Boulevard Neighborhood Node District
MB-CC Mission Boulevard Corridor Center District
MB-CN Mission Boulevard Corridor Neighborhood District
MB-CS Mission Boulevard Civic Space District
INDUSTRIAL
I Industrial District
BP Business Park District
LM Light Manufacturing, Planning/Research and Development District 1Section 10-1.120(c) and Section 10-1.160(c) amended by Ordinance 10-06, adopted March 2, 2010.
Section 10-1.145 amended by Ordinance 14-08 , adopted February 4, 2014.
ATTACHMENT III, EXHIBIT B
Created: 2023-03-06 10:03:25 [EST]
(Supp. No. 19, Update 1)
IL Light Industrial District
IG General Industrial District
IP Industrial Park District
AIR TERMINAL
AT-AC Air Terminal—Aviation Commercial District
AT-C Air Terminal—Commercial District
AT-IP Air Terminal—Industrial Park District
AT-O Air Terminal—Operations District
AT-R Air Terminal—Recreational District
AT-RM Air Terminal—Medium Density Residential District
OPEN SPACE
A Agricultural District
FP Flood Plain District
OS Open Space District
PUBLIC FACILITIES
PF Public Facilities District
SPECIAL DISTRICTS
B Special Lot Standards Combining Districts
PD Planned Development District
SD-1 "B" Street Special Design Streetcar District
SD-2 Mission Corridor Special Design District
SD-3 Cottage Special Design District
SD-4 Cannery Area Special Design District
SD-5 Mission Garin Area Special Design District
SD-7 Hayward Foothill Trail Special Design District
SEC. 10-1.145 REASONABLE ACCOMMODATION.
A. Purpose. The purpose of this Section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.
B. Applicability.
1. A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this section, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.
2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing -related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
Created: 2023-03-06 10:03:25 [EST]
(Supp. No. 19, Update 1)
3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
4. A reasonable accommodation may be granted in compliance with this Section without the need for the approval of a variance.
C. Procedure.
1. A request for reasonable accommodation shall be submitted on an application form provided by the Development Services Department or in the form of a letter to the Director of Development Services, and shall contain the following information:
a) The applicant's name, address, and telephone number; b) Address of the property for which the request is being made; c) The current use of the property;
d) The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
ed) The zoning code provision, regulations, or policy from which reasonable accommodation is being requested; and
fe) Without disclosing a medical diagnosis, explain how Why the reasonable accommodation is necessary to make the specific property accessible to the individual based on their disability- related limitations.
2. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by Subsection C1 of this Section for concurrent review with the application for discretionary approval.
3. A request for reasonable accommodation shall be reviewed by the Director of Development Services or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within 3045 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
4. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the applicable deciding body Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the deciding bodyPlanning Commission in compliance with the applicable review procedure for the discretionary review.
D. Approval Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the Application materials. following factors:
1. Whether the housing in the request will be used by a person with a disability under the Acts;
2. Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
3. Whether the requested reasonable accommodation would impose an undue financial administrative or enforcement burden on the City;
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to, land use and zoning;
5. Potential impact on surrounding uses;
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(Supp. No. 19, Update 1)
6. Physical attributes of the property and structures; and
7. Other reasonable accommodations that may provide an equivalent level of benefit.
E. Conditions of Approval. In granting a request for reasonable accommodation, the Director of Development Services or his/her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation addresses the purpose of this Ordinancewould comply with the findings. The condition shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.
F. Appeals.
1. Any person dissatisfied with any action of the Director of Development Services pertaining to this Section may appeal to the Planning Commission within 10 days after written notice of the Director's decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.
2. Any person dissatisfied with any action of the Planning Commission pertaining to this Section may appeal to the City Council within 10 days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.
3. The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals.
Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
4. If an appeal is not filed within the time or in the manner prescribed in this subsection, the right to review of the action against which the complaint is made shall be deemed to have been waived.
5. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.
6. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
SEC. 10-1.200 SINGLE FAMILY RESIDENTIAL DISTRICT (RS)
Section 10 -1.200 was replaced by Ordinance 23-XX , adopted December 12, 2023.
SEC. 10-1.300 RESIDENTIAL NATURAL PRESERVE DISTRICT (RNP) Section 10 -1.300 was repealed by Ordinance 23-XX , adopted December 12, 2023.
SEC. 10-1.600 RESIDENTIAL-OFFICE DISTRICT (RO)
Hayward, California, Municipal Code Created: 2023-03-06 10:03:27 [EST] (Supp. No. 19, Update 1)
SEC. 10-1.400 MEDIUM DENSITY RESIDENTIAL DISTRICT (RM)
Section 10 -1.400 was repealed by Ordinance 23-XX , adopted December 12, 2023.
SEC. 10-1.500 HIGH DENSITY RESIDENTIAL DISTRICT (RH)
Section 10 -1.500 was repealed by Ordinance 23-XX , adopted December 12, 2023.
SEC. 10-1.600 RESIDENTIAL-OFFICE DISTRICT (RO)2
SEC. 10-1.615 USES PERMITTED IN THE RO DISTRICT.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District.
(1) Residential Uses.
(a) Boarding Home.
(b) Group home (6 or fewer residents, excluding staff. See definitions) (c) Multiple-family dwelling.
(d) Single-family dwelling.
(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 RO District:
(1) Residential Uses.
(a) Accessory dwelling unit(s). (Where primary use is residential. (Also referred to as "“Granny flat, in-law unit, second dwelling unit.") 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) (2) Other Uses.
2Section 10-1.600 amended by Ordinance 13-12 , adopted November 19, 2013.
Created: 2023-03-06 10:03:26 [EST]
(Supp. No. 19, Update 1)
(a) Accessory buildings and uses. (See Section 10.1.245.a & b) (b) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (c) Home Occupation. (See definitions)
(d) Household pets.
(Amended by Ordinance 17-16, adopted Nov. 7, 2017)
SEC. 10-1.645 MINIMUM DESIGN AND PERFORMANCE STANDARDS.
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 the construction of residential and commercial buildings and certain commercial uses in the RO District, including but not limited to cultural, educational, religious or recreational facilities.
Single-family dwellingResidential Uses.
For single-family dwellings, additions, accessory buildings andresidential uses, refer to the Development Standards, Section 10-1.605 to 10-1.640 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208. uses refer to the development criteria and standards contained in the RS DistrictResidential Districts, Section 10-1.200.
Multiple-family dwelling.
For multiple-family dwellings, additions, accessory buildings and uses refer to the development criteria and standards contained in the RM or RH Districts, Sections 10-1.400 and 10-1.500, whichever is most consistent with the General Policies Plan and Neighborhood Plan.
SEC. 10-1.700 MOBILE HOME PARK DISTRICT (MH)3
SEC. 10-1.715 USES PERMITTED.
a. Primary uses.
Mobile home(s).
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the MH District:
(1) Accessory buildings and uses.
(2) Garage sale. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home occupation. (See definitions)
(4) Household pets.
3Note(s)—Amended by Ordinance 13-06 , adopted May 21, 2013.
Section 10-1.700 amended by Ordinance 13-12 , adopted November 19, 2013.
Created: 2023-05-11 13:10:56 [EST]
(Supp. No. 19)
(5) Sales and display of mobile homes.
(6) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
SEC. 10-1.750 SUSTAINABLE MIXED USE DISTRICT (SMU)4
SEC. 10-1.765 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District as primary uses:
(1) Residential Uses.
Multiple-family dwelling units. (at 25.0 to 55.0 units per net acre.) (2) Retail.
(a) Bakery
(b) Bookstore
(c) Card shop
(d) Coffee/espresso shop
(e) Delicatessen
(f) Floral shop
(g) Gift shop
(h) Jewelry store
(i) Supermarket
(3) Administrative and Professional Offices/Services.
(a) Accounting and financial offices
(b) Law offices
(c) Medical and dental offices
(4) Personal Services.
(a) Barber or beauty shop
(b) Dry cleaner/laundry
(c) Nail salon
(d) Tailor/seamstress shop
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the SMU District:
4Section 10-1.750 added by Ordinance 09-08, adopted July 7, 2009.
Created: 2023-03-06 10:03:27 [EST]
(Supp. No. 19, Update 1)
(1) Residential Uses.
(a) Accessory Dwelling Unit (s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(2) Other Uses.
(a) Home Occupation. (See definitions)
(2) (b) Household pets.
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
SEC. 10-1.800 NEIGHBORHOOD COMMERCIAL DISTRICT (CN)5
SEC. 10-1.815 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices (not including check-cashing business). (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.
5Note(s)—Section 10-1.815a.(5) amended by Ordinance 04-19, adopted December 21, 2004.
Section 10-1.820a. amended by Ordinance 01-01, adopted January 16, 2001.
Section 10-1.820b. amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 04-19, adopted December 21, 2004; Section 10-1.845w. added by Ordinance 01-08, adopted July 17, 2001; Section 10-1.845 amended by Ordinance 07-16, adopted November 6, 2007.
Section 10-1.800 amended by Ordinance 13-12 , adopted November 19, 2013.
Created: 2023-03-06 10:03:27 [EST]
(Supp. No. 19, Update 1)
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) 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) Consignment store.
(l) Coffee/espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture store.
(q) Garden supplies store.
(r) Gift shop.
(s) Hardware store.
(t) Jewelry store.
(u) Locksmith shop.
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(Supp. No. 19, Update 1)
(v) Music store.
(w) Nursery (plant).
(x) Paint/wallpaper store.
(y) Pet grooming shop.
(z) Pet store.
(aa) Plumbing and heating store.
(bb) Restaurant. (Where not abutting a residential district or property and no bar) (cc) Sporting goods store.
(dd) Stationary store.
(ee) Supermarket.
(ff) Theater. (Small Motion Picture or Live Performance only.) (gg) Thrift store.
(hh) Toy store.
(ii) Variety store.
(jj) 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) Catering facility.
(c) Christmas tree or pumpkin patch lot. (See Section 10-1.2735c. for standards) (d) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.
(e) Educational facility. Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary students.
(f) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN District:
(1) Accessory buildings and uses. (See Section 10.1.845) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
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(Supp. No. 19, Update 1)
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
SEC. 10-1.900 NEIGHBORHOOD COMMERCIAL-RESIDENTIAL DISTRICT (CN-R)6 SEC. 10-1.915 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN-R District as primary uses:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing store.) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic or acupuncture office.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.
None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
6Note(s)—Repealed and replaced by Ordinance 06-14, adopted July 11, 2006.
Section 10-1.900 amended by Ordinance 13-12 , adopted November 19, 2013.
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(Supp. No. 19, Update 1)
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor non-residential uses only; required at 27.0 to 55.0 units per net acre above ground-floor commercial uses in the SD6 Special Design District) (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.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and no bar) (bb) Sporting goods store.
(cc) Stationary store.
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(Supp. No. 19, Update 1)
(dd) Supermarket.
(ee) Theater (Small Motion Picture or Live Performance only.) (ff) Thrift store.
(gg) Toy store.
(hh) Variety store.
(ii) 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) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735c. for standards) (c) Day Care Center. (Less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(d) Educational facility. (Small, generally less than 2,000 sq. ft. design to augment the education) (e) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN-R District:
(1) Accessory buildings and uses (See Section 10.1.845a.—d.). (2) Garage sales (4 per year per dwelling. See Section 10-1.2735d.). (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. 10-1.920 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District, subject to the approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.
Medical/Dental laboratory.
(2) Automobile Related Uses.
Parking lot.
(3) Personal Services.
Massage parlor. (When located within an established beauty or tanning salon)
Created: 2023-03-06 10:03:27 [EST]
(Supp. No. 19, Update 1)
(4) Residential Uses.
Multiple-family dwellings with ground level units. (Not allowed in the SD6 Special Design District.) (5) Retail Commercial Uses.
None.
(6) Service Commercial Uses.
Restaurants. (When abutting residential district or use or containing a bar.) (7) Other Uses.
(a) Animal grooming service.
(b) Animal hospital.
(c) Convalescent hospital.
(d) Cultural facility.
(e) Educational facility.
(f) Home occupation - expanded.
(g) Recreational facility.
(h) Religious facility.
(i) Temporary use.
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R 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.
None.
(3) Personal Services.
(a) Massage parlor. (When not located within an established beauty or tanning salon) (b) Tattoo parlor.
(4) Residential Uses.
None.
(5) Retail Commercial Uses. (See General Regulations Sections 10-1.2750 (a) Bar, Cocktail lounge. et seq. for regulations of alcohol.) (b) Dance or night club.
(c) Liquor store.
(d) Theater, Large Motion Picture (See Section 10-1.1045 for special requirements; not allowed in the SD6 Special Design District.)
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(Supp. No. 19, Update 1)
(6) Service Commercial Uses.
None.
(7) Other Uses.
None.
SEC. 10-1.945 MINIMUM DESIGN AND PERFORMANCE STANDARDS.
The City recognizes that high-quality design of commercial and residential structures can contribute to a positive appearance of commercial districts and neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to the construction of residential and commercial buildings and certain commercial uses in the CN -R District, including but not limited to cultural, educational, religious or recreational facilities.
Multiple-family dwellingResidential Uses.
For multiple-family dwellingsresidential uses, refer to the Development Standards, Section 10-1.905 to 10-
1.940 and the Minimum Design and Performance Standards contained in the criteria and standards contained in the RM or RH Residential Districts, Sections 10-1.400 204 to 10-1.2080and 10-1.500 respectively, whichever is most consistent with the General Plan and associated Neighborhood Plan.
Non-Residential Uses.
For commercial buildings and uses, including but not limited to cultural, educational, religious or recreational facilities, refer to the criteria and standards contained in the CN District, Section 10 -1.800.
All non-residential uses are subject to the following requirements; provided, however, that exceptions from these requirements may be authorized by approval of a conditional use permit:
(1) Offices shall be no larger than 2,000 square feet and no more than 2,000 square feet of office space may be contained in any building or group of buildings on a parcel or building site. (2) Operating hours shall not begin before 7:00 a.m. nor end after 10:00 p.m.
Mixed-Use Development.
Mixed-use development, which entails residential uses over ground floor non- residential uses, shall be subject to the following requirements:
(1) Shall provide separate entrances, isolation of noise and smell generating activities, and other compatibility features shall be addressed.
(2) Special attention shall be given to architectural and landscape continuity, vehicular access and attractive pedestrian orientation. Where at all possible, parking in front of the building shall be avoided.
(3) A minimum of 150 square feet of usable open space per residential dwelling unit shall be provided.
In the SD6 Special Design District:
(a) For at least 40% of the units in each development, a minimum of one hundred (100) square feet of usable private open space, consisting of a private yard, patio, porch, deck balcony or a combination of the above, shall be provided for each unit. (b) All developments shall provide a minimum fifteen percent (15%) of the lot area plus 100 square feet per unit for each unit that is not provided private open space as usable common open space for passive and active recreational uses. Usable open space areas shall not include public or private rights-of-way; vehicular parking area; areas adjacent to or between structures less than
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fifteen (15) feet apart; required building setback areas; private patios or yards; or areas having a slope greater than 3:1. Usable open space can include roof decks (including roof deck above structured or podium parking) or interior group open space accessible to all residents in the development.
(c) All common opens space associated with developments shall have, at a minimum, a landscaped area of six hundred (600) square feet complete with two (2) benches. Additional amenities may include, but are not limited to, a swimming pool, spa, tot lot with play equipment, picnic shelter with barbecue area, court game facilities and indoor exercise facilities. The types of amenities shall be dependent upon the nature of development and shall be approved by the reviewing authority.
(4) Studio apartments shall be required to have only one covered off-street parking space per dwelling unit.
In the SD6 Special Design District, residential units are allowed a maximum of 1.5 spaces per studio or one-bedroom unit and 2.0 spaces for units with two or more bedrooms; non- residential uses are required to provide 1.0 space for each 315 square feet of non-residential gross floor area. (5) For properties located along Mission Boulevard between Harder Road and Industrial Parkway, compliance with provisions in the SD6 Special Design District.
SEC. 10-1.1000 GENERAL COMMERCIAL DISTRICT (CG)7
SEC. 10-1.1015 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CG District as primary uses.
7Section 10-1.1015 a.(5)(ee) added by Ordinance 04-19, adopted December 21, 2004.
Section 10-1.1020 a.(3) amended by Ordinance 03-08, adopted May 27, 2003.
Section 10-1.1020 b.(1)(b) amended by Ordinance 99-18, adopted Oct. 12, 1999.
Section 10-1.1020 b.(5) amended by Ordinance 04-19, adopted December 21, 2004.
Section 10-1.1045 g. amended by Ordinance 03-08, adopted May 27, 2003.
Section 10-1.1045 h. added by Ordinance 03-08, adopted May 27, 2003.
Section 10-1.1045 v. added by Ordinance 01-08, adopted July 17, 2001.
Section 10-1.1045 w. added by Ordinance 04-19, adopted December 21, 2004.
Section 10-1.1015 a., 10-1.1020 a., 10-1.1045, and 10-1.1045 h. amended by Ordinance 06-11, adopted July 11, 2006.
Section 10-1.1005 through 10-1.1020 amended by Ordinance 13-14 , adopted November 19, 2013.
Section 10-1.1000 amended by Ordinance 13-12 , adopted November 19, 2013.
Section 10-1.1000 amended by Ordinance 14-17 , adopted July 1, 2014.
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(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.
(a) Automobile parts store.
(b) Automobile dealership. (Dealership selling primarily new vehicles, when all minimum design standards are met and when located along Mission Blvd. between Highland/Sycamore and 700 feet south of Harder Road.)
(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 service.
(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) 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.
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(d) Bakery.
(e) Bicycle store.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Consignment store.
(l) Coffee/Espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture 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.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and with no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater (Small Motion Picture or Live Performance only.) (ff) Thrift shop.
(gg) Toy store.
(hh) Variety store.
(ii) Video sales and rental store.
(6) Service Commercial Uses.
(a) Appliance service and repair shop. (Not ancillary to a primary use.)
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(b) Copying or reproduction facility.
(c) Equipment rental.
(d) Hotel or motel.
(e) Mailing or facsimile service.
(f) Not Used
(g) Reverse vending machine(s). (When located within a convenience zone.) (h) Upholstery shop (furniture).
(7) Other Uses.
(a) Broadcasting studio.
(b) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served.)
(c) Catering facility. (Where not abutting a residential district or property.) (d) Christmas tree or pumpkin patch lot. (See Section 10-12750 et seq. 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) Educational facility. (Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary school students.) (g) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CG District:
(1) Accessory buildings and uses. (See section 10-1.1045) (2) Garage sales. (4 per year per dwelling. See Section 10-l.2735d) (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. 10-1.1100 COMMERCIAL OFFICE DISTRICT (CO)8
8Section 10-1.1115 a.(4) amended by Ordinance 03-08, adopted May 27, 2003.
Section 10-1.1120 b.(1)(c) amended by Ordinance 99-18, adopted October 12, 1999.
Section 10-1.1125 b. amended by Ordinance 03-08, adopted May 27, 2003.
Section 10-1.1100 amended by Ordinance 13-12 , adopted November 19, 2013.
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SEC. 10-1.1115 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CO 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.
None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance Studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Multiple-family dwellings.
(b) Small group homes associated with single-family dwellings. (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.
None.
(6) Service Commercial Uses.
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(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) 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.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CO District:
(1) Accessory buildings and uses. (See Section 10.1.845) (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. 10-1.1145 MINIMUM DESIGN AND PERFORMANCE STANDARDS.
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 the construction of residential and commercial buildings and certain commercial uses in the CO District, including but not limited to cultural, educational, religious or recreational facilities.
Single-family dwellingResidential Uses.
For single-family dwellingsresidential uses, refer to the Development Standards, Section 10-1.1105 to 10-
1.1140 and the Minimum Design and Performance Standards contained in applicable criteria and standards contained in the RS Residential Districts, Section 10-1.204 to 10-1.2080.
Multiple-family dwelling.
For multiple-family dwellings refer to the criteria and standards contained in the RM or RH Districts, Sections 10-1.400 and 10-1.500 respectively, whichever is most consistent with the General Policies Plan Map and Neighborhood Plan.
SEC. 10-1.1200 LIMITED ACCESS COMMERCIAL DISTRICT (CL)9 SEC. 10-1.1215 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District.
9Section 10-1.1200 amended by Ordinance 13-12 , adopted November 19, 2013.
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