Agenda Packet — Hayward City Council, March 26, 2024 (part 4 of 4)

● Loss of Historical and Cultural Significance: The physical destruction of Russell City nearly erased and obscured its history and cultural heritage.

I. Return The Land
Several examples of governments returning land or property to individuals, often due to historical injustices or policy changes. Here are a few examples:

1. Land Returned to Indigenous Peoples:
● Canada: In Canada, the Indian Residential Schools Settlement Agreement (2007) included provisions for the return of some traditional lands to Indigenous communities.
● Australia: The Australian government has various policies and programs for returning land to Indigenous Australians, though the process is ongoing and complex.
● United States: In the United States, various federal and state laws and programs exist for returning land to Native American tribes, often based on historical treaties or land claims.

2. Property Returned after Political Persecution:
● Germany: After reunification, the German government enacted policies for restitution of property confiscated from individuals during the Nazi regime. ● Chile: Following the Pinochet dictatorship, the Chilean government implemented programs to return property confiscated from political dissidents. ● South Africa: The South African Truth and Reconciliation Commission (TRC) played a role in facilitating the return of property seized during the apartheid era.

3. Property Returned due to Policy Changes:
● Hong Kong: After the end of British rule in Hong Kong, the Chinese government returned some previously confiscated land to individuals. ● Vietnam: Following the Doi Moi reforms, the Vietnamese government returned some property previously collectivized under communist rule.

II. Provide Alternative Land
Given the sale of the Russell City land to a developer who built an industrial center, navigating a return of the original land would be very complex. It could be challenging to implement. While offering alternative land or property is not a universally adopted practice, there have been instances where governments have

Page 2 ends

offered such alternatives in situations involving eminent domain when the original property was no longer available:
● United States:
○ During the Yerba Buena Gardens development project in San Francisco, California, displaced residents were offered relocation assistance, including the option to choose from several replacement housing units.
○ In New York City, the government offered displaced businesses alternative locations within the redevelopment area as part of the Fulton Center project.

The City of Hayward owns the Hayward Executive Airport (HWD) and the former Skywest Golf Course.
● Hayward Executive Airport: The city owns and operates the airport, which serves general aviation and businesses in the area. Hayward Executive Airport: https://www.hayward-ca.gov/airport/airport.php. ● Former Skywest Golf Course: The city closed the Skywest Golf Course in September 2020 and is redeveloping the land. They are seeking input from the community on the future use of the 126-acre site (note Russell City was approximately 1,000 acres). Skywest Property Reuse Project:
https://www.hayward-ca.gov/airport/doing-business-with-us/projects.

Here are some categories and examples of additional properties the city owns based on publicly available information:

Public Facilities:
● Parks and recreation facilities include parks, playgrounds, sports fields, and community centers.
● Libraries and public buildings.
● Fire stations and police stations.
● Schools (though most K-12 schools in California are operated by local school districts, not the city government).

Infrastructure:
● Streets, roads, and sidewalks.
● Drainage systems.
● Public utilities, such as water and sewer systems, in some cases.

Land and Buildings:
● Undeveloped land that the city may be planning for future use.

Page 3 ends

● Parking lots and garages.
● Affordable housing units or other types of housing developments owned and managed by the city.
● Commercial buildings or office space that the city leases out to generate revenue.

It's important to note that this is not an exhaustive list, and the specific properties owned by the City of Hayward can change over time. I request that the City provide a comprehensive list to the Steering Committee.

Page 4 ends

Summary of Prior Comments & Feedback:

1. Completeness: While the report summarizes survey results, consider including crucial historical events from Russell City's past for better context.

2. Clarity and Organization: The report needs improved clarity in sections outside the survey results and harm summary. Headers seem adequate but could be further refined.

3. Respect and Cultural Sensitivity: Ensure the report maintains a respectful and culturally sensitive tone.

4. Source Citations: Include proper citations and references to support all factual statements.

5. Community Representation: Upon basic review of the raw data, I have concerns about the validity and reliability of any conclusions made in the report based on the data.

6. Visuals: Consider incorporating relevant visuals like graphs or charts to enhance readability.

7. Interdisciplinary Expertise: Clarify the report's purpose: Is it solely summarizing survey results, or are broader perspectives needed from disciplines like sociology? If so, specific experts or organizations should be consulted.

8. Policy Implications: While the survey is valuable, basing future policies solely on a limited pool of respondents requires caution. Upon basic review of the raw data, I have concerns about the validity and reliability of any conclusions made in the report based on the data. Clarify if the report aims to guide future policies.

9. Reflecting Community Needs: Upon basic review of the raw data, I have concerns about the validity and reliability of any conclusions made in the report based on the data. Acknowledge the survey as just one element of the more extensive recommendation process.

10.Eligibility Criteria: As these aren't directly related to the survey, reconsider including proposed eligibility criteria in this report. Clarify the purpose of mentioning them here.

Additional Notes:
● Clarity regarding the report's purpose is needed for more precise communication within the committee. Establish a well-defined audience and objective to avoid confusion.
● Consider removing the following from the General section:
○ "In doing so, it aims to be a significant milestone..." ○ "ComprehensiveHarmReport" (remove "Comprehensive")
○ Replace "future actions and advocacy and seeks to" with "Russell City Steering Committee in their quest..."
○ Replace "for" with "one tool to"

Page 5 ends

○ Remove "Recognizing the plan..." and "presenting an ambitious..." sentences.
● Introduction:
○ Add "for Consideration by the Russell City Steering Committee." ○ Replace "until" with "in"
○ Replace the introductory paragraph with a brief statement introducing the report's purpose and audience: "This report presents the findings of a harm assessment conducted by Ceres [Your Company Name] on behalf of the Russell City Steering Committee. It aims to inform the committee's development of recommendations to the Hayward City Council regarding..."
● Data and Methodology:
○ Add questions regarding data collection methods and sources of information beyond the survey.
● Specific comments: Consider retaining specific comments that raise essential points but rephrase them objectively for constructive feedback.

By addressing these points, the authors can create a more precise, informative, well-rounded report that serves its intended purpose effectively.

Page 6 ends

Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Introduction to
Addendums Submitted by Marian Johnson
In looking forward and in order to seamlessly and intentionally create pathways for transitions to and incorporation of future and current California State initiatives, policies and laws, California State assembly and senate bills for the greater improvement throughout the entire State of California, its Counties, Cities, and Unincorporated areas – may I humbly request for inclusion as provided the following Addendums to the Russell City Reparative Justice Steering Committee's Executive Summary as presented by its Chair: Aisha Knowles, Vice Chair Elizabeth Sanchez and, collectively, its Russell City Reparative Justice Project Steering Committee members as my personal addendum package submission for inclusion along with the inclusion of the 2023 Russell City Survey Results Final Report as summarized, written and submitted by the Ceres Policy Research Group Team.

Allowing the base line and foundation for the types of reparative justice actions to include yet not be limited to the following performative actions with the express intent being words and actions which resonate at the same level of importance providing no exclusions/justifications wherein the two (word and action) can be used one without the other for the action types listed as follows:

Restitution;
Compensation;
Rehabilitation;
Satisfaction; and
Guarantees of Non-Repetition.

Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Addendum – MEJ -1
Restitution - (Business Owner Families)
2024 Proposed Bill - Referencing Assembly Bill - AB XXX (Gipson) – Eliminate barriers to licensure for people with criminal records. - Expansion of AB 2138 to prioritize African American applicants seeking occupational licenses, especially those who are descendants.

The intent of this addendum submission is to highlight how the Russell City community who for the most part were only able to relocate themselves into communities which were in Redlined communities, spaces which were inherently over policed where business owners were not able to successfully re-establish their businesses in those spaces. Allegedly (until verified with an audit professionally executed) property taxes collected from homes located in those redlined communities quite possible were redirected for use in other un-redlined communities. Residents in those redlined communities were exposed to more instances where former residents of the Russell City community being arrested, incarcerated (at Santa Rita Jail) and creating for most their first criminal record thus garnering profits for Alameda County and its affiliated and associated profit sharing (and/or other forms of financial and/or tax breaks/incentives) cities.

For those business owner residents and their descendants of the Russell City community whose families owned and operated businesses in Russell City to be provided the opportunity to and funding/compensation to restore/repair/repay for the loss of finances generating income by way of their family business to create businesses to restart and/or recreate their pathways to growing/recreating their generational wealth.

For the City of Hayward to work with transparency and in solidarity with the (Former) Residents and their Descendants in support of moving this healing conversation for Russell City Resident Business Owner Families and put action to word to prioritize this item and to include other involved participants in order to recommend avenues which will allow for overall healing for connected communities.

Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Addendum – MEJ - 2
Restitution - (Property Owner Families)
2024 Proposed Bill - Referencing Senate Bill - SB XXX (Bradford) – Property takings: Restore property taken during race-based uses of eminent domain to its original owners or provide another effective remedy where appropriate, such as restitution or compensation.

The intent of this addendum submission is to highlight how this Russell City Community, City of Hayward, neighbouring Cities, included in and including Alameda County were and in most cases are still affected by the removal of the residents of Russell City. This community was not provided with relocation assistance, access to City of Hayward or Alameda County sanctioned and approved resources of financial, health related resources. Further to Address the impact to displaced Russell City resident which created few to no spaces and homes where these residents could secure new homes in which to live due the practice wherein residential and housing developments both in Hayward and other Alameda County cities which had incorporated the use of restrictive covenants and Home Owner Associations which incorporated restrictive covenant language to prevent specific groups of people from moving into their communities. The Russell City community, who for the most part, were only able to relocate themselves into communities which were in Redlined communities, spaces which were inherently over policed and allegedly (until verified with an audit professionally executed) were the property taxes collected from homes located in those redlined communities quite possible were redirected for use in other Alameda County un-redlined communities outside of the redlined spaces.

For those property owner residents and their descendants of the Russell City community whose families owned property to be provided the opportunity, government owned land, and funding/compensation to own, rebuild and/or recreate their pathways to growing/recreating their generational wealth. Find ways to create tax breaks and/or tax based incentives to compensate – restore/repair/repay for the loss of the use of the property and restore/repair/repay for the loss of income generational wealth due to the loss of the property to which property owners lost access to home equity for future growth of income and financing for higher education for themselves and their descendants.

For the City of Hayward to work with transparency and in solidarity with the (Former) Residents and their Descendants in support of moving this healing conversation for Russell City Resident Property Owner Families and put action to word to prioritize this item and to include other involved participants in order to recommend avenues which will allow for overall healing for connected communities.

Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Addendum – MEJ - 2
Restitution - (Property Owner Families)
(Continued)
Reference - Excerpt Testimony from Bernie Patterson on January 8, 1963 before the
Board of Supervisors of the County of Alameda, Sitting as the Redevelopment Agency Public Hearings on the Russell City Redevelopment Project Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Addendum – MEJ - 2
Restitution - (Property Owner Families)
(Continued)
Reference - Excerpt Testimony from MRS. J. M. HENRY on January 8, 1963 before the
Board of Supervisors of the County of Alameda, Sitting as the Redevelopment Agency Public Hearings on the Russell City Redevelopment Project Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Addendum – MEJ - 3
Rehabilitation - (Russell City Community Residents and Descendants) 2024 Proposed Bill - Referencing Assembly Bill - AB XXX (McCarty) – Career Education Financial Aid for redlined communities
2024 Proposed Bill - Referencing Assembly Bill - AB 1929 (McKinnor - Expand access to career technical education by creating a competitive grant program to increase enrollment of descendants in STEM-related CTE programs at the high school and college levels.

For City of Hayward along with Russell City family representatives to review and implement City of Hayward plans and policies to incorporate State senate and assembly bills, policies and/or laws for use as/with the Russell City Community Reparative Justice action items by working with Alameda County and State of California representatives to make available the opportunity for Russell City residents and descendant to have full access to Career and Education funding opportunities.

For the City of Hayward to work with transparency and in solidarity with the (Former) Residents and their Descendants in support of moving this healing conversation for Russell City Resident Community Residents and Descendants putting action to word to prioritize this item and to include other involved participants in order to recommend avenues which will allow for overall healing for connected communities.

Russell City Reparative Justice Project Steering Committee – Executive Summary Addendum for Inclusion Addendums Submitted by Marian Johnson – RCRJP Steering Committee Member Addendum – MEJ - 4
Guarantee of Non-Repetition - (Russell City Community Residents and Descendants) Partnership, Engagement and Cooperation
For the city of hayward to partner with the Russell city community Residents and Descendants to proceed with developing a presentation for the Alameda County Reparation Board to confirm that eminent domain was used to take land on the City (Alameda County Cities) - County level.

To confirm the role the City of Hayward played in telling the truth of this story, as did Alameda County in its apology to the residents of Russell City, that several properties in Russell City did receive market rate for their properties that were hundreds of thousand dollars being substantially more than residential property owners and other business owners properties, which were taken by the county using eminent domain and the other residents (resident non-property owners) were not provided financing or other resources to move out of Russell City. There were no relocation financial compensation and/or resources provided to the Russell City Resident Community.

To work in solidarity and support of moving this healing conversation to include other involved participants in order to recommend avenues which will allow for overall healing for connected communities. For the City of Hayward to work with transparency and in solidarity with the (Former) Residents and their Descendants in support of moving this healing conversation for Russell City Resident and Descendants by putting their actions to word to prioritize items mentioned in afore mentioned Addendum's MEJ - 1, MEJ – 2, MEJ – 3, and MEJ - 4 and to include other involved participants in order to recommend avenues which will allow for overall healing for Russell City and other connected communities in order to be an excellent example of working in good faith, being absolutely transparent and committed to working to provide justice and make level everyone's opportunity to live healthy, whole and fair lives.

Addendum
I am Michael D Johnson on the Steering Committee on the Reparative Justice Project. I do not agree with there only being 22 recommendations of the items submitted and not the full 26 that were turned in by our committee. One thing that I would like to add is a loss of future income from my family and others which were conducting business in Russell city as mine was conducting business out of Ideal Cafe in Russell City. With my grandparents having to move they have lost income from that unscheduled and uncompensated move. And from that the loss of income from that to today needs to be paid to our family and that amount added to the loss of personal property and the stress of having to move to another city without any compensation of equivalent to the loss of real estate and business income of any kind. Our family has not and will never be the same because of having to pick up and move after being well-established in the City of Russell City as if they were criminals.

Michael D. Johnson
RCRJP Steering Committee member

RUSSELL CITY RESTORATIVE JUSTICE PROJECT

STEERING COMMITTEE MEMBER

ADDENDUM
Submitted in Response to the Ceres
Policy Research Report Entitled
“RECLAIMING RUSSELL CITY:

A Comprehensive Approach to Reparative
Justice and Community Renewal”
Submitted by Michael V. Johnson
Member & Parliamentarian, Steering Committee
Russell City Reparative Justice Project
March 4, 2024
Addendum Contents
Meet the Submitters
Definition of Reparative Justice
Project SBAR / Key Takeaways
Addendum Recommendations
Appendices

1. Project Scope & Committee Mandate

2. COH Stoplight Presentation: Recommendation Analysis

3. Role of Consultant: Ceres Policy Research, LLC (CPR)

4. Prioritization of CPR Proposed Recommendations

5. Recommendation Details – Repay The Debt
3/4/2024 RCRJP – Committee Member Addendum 2

MEET THE ADDENDUM SUBMITTERS
Michael V. Johnson, is the son of Jessie Mae Patterson and Clarence Hardy Johnson. • His father’s parents were Jessie Mae & Lee Henry.
• His mother’s grand-parents were Bernice “Dyke” & Cassie Patterson. • Both families were homeowners & landowners in Russell City. • Bernice Patterson’s and Jessie Mae Henry’s original testimonies are recorded in the Public Hearing on the Russell City Redevelopment Project before the Board of Supervisors of Alameda County, Sitting as the Redevelopment Agency Hearings which took place on January 8
th
, 15th and 22nd in 1963 (pages 70 and 195).
• Russell City is where his Mom & Dad first met and were later married. • He, along with his sister Marian, his parents, grand-parents and great grandparents were all forced to relocate from Russell City to Oakland, CA, Tracy CA, and Oklahoma City, OK by 1964.

Service is the price you pay for the space you occupy! It has been my honor and privilege to serve on the Steering Committee of the Russell City Reparative Justice Project to speak truth to power on behalf of my family and the Russell City community at-large.
3/4/2024 RCRJP – Committee Member Addendum 3
Jessie Mae & Lee Henry Cassie & Bernice Patterson
Jessie Mae & Clarence Johnson Marian & Michael Johnson
Definition of Reparative Justice
3/4/2024 RCRJP – Committee Member Addendum 4
The Steering Committee Members for the Russell City
Reparative Justice Project, agreed that reparative
justice for the former residents and descendants of the Russell City community includes:
• Addressing the harm inflicted
• Holding everyone who caused the harm accountable
• Placing all options for reparations and restitution on the table for consideration
• Correcting the historical record
In the final analysis, for the former residents and descendants of the Russell City Community, Reparative Justice means:

REPAIRING THE HARM.

RESTORING THE LAND.

REPAYING THE DEBT.
• The core consideration of this project, to “determine what appropriate restitution” looks like for the former Russell City residents has not been adequately addressed, if at all. • Community outreach, engagement, involvement and feedback has been woefully inadequate to ensure support for any
recommendations developed or presented for consideration. • The recommendations presented in the CPR Report are not the product of any collaboration between the Steering Committee and CPR, but rather of the collaboration between CPR and their client the COH.
• No consensus has been reached, nor has any
endorsement been made of the CPR report, the survey or
any or the conclusions made from the survey data by CPR, by the Steering Committee.
• COH staff, (Asst. City Manager Regina Youngblood in
particular) has gone out of their way to ensure that full transparency, between CPR, the COH and the full membership of the Steering Committee would not be realized in order to influence the outcome of the project and to shape the
“recommendations” that will be ultimately presented to the City Council.

Key Takeaways
5 SITUATION
• On November 16, 2021, the City of Hayward’s
(COH) City Council issued an apology that
served as an acknowledgment of a painful
history of harms inflicted on the former
residents and descendants of Russell City
• The COH directed its apology to Black,
Indigenous, and People of Color and LatinX
community members and that,
• The adverse consequences of Hayward’s history
of redlining continues to impact BIPOC and
Latinx community members of Hayward to this
day,
• The COH committed to taking actionable steps
to address these harms.

RECOMMENDATION

BACKGROUND
The Russell City Reparative Justice Project (RCRJP)
calls for the COH to work with former Russell City
residents and descendants to “determine
appropriate restitution” for its involvement in
inequitable treatment and forced relocation of
Russell City Community members.

The scope of the RCRJP was to include:
• Fact-finding and academic research,
• Consideration and evaluation of reparative
justice models and
• Developing a consensus on proposals and
recommendations for City Council
consideration and potential consideration by
other governing bodies for appropriate
restitution and/or reparative justice responses

ASSESSMENT
• Ceres Policy Research (CPR) vacated their support and effectively ceased all facilitation of and communication with the Steering Committee on September 13, 2023.
• The report produced by CPR is not the “Comprehensive
Approach to Reparative Justice and Community Renewal”
it claims to be.
• The recommendations in the report were not “carefully crafted in consultation with the RCRJP Steering
Committee Members“. The draft report were sent to the
Asst. City Manager in October after CPR ended it
relationship and support of the Steering Committee.
• A review of the raw data from the community survey
reveals serious data integrity and methodological
shortcomings that render any meaningful analysis
unreliable.
• The Asst. City Manager (Regina Youngblood) is incapable of providing adequate staff support to the RCRJP. She has been more hindrance than help throughout the entire
lifecycle of this project to date.
• The Steering Committee’s Position Statement,
(along with the attached addendums submitted
by individual members of the Steering
Committee) be forwarded and shared with
Alameda County Reparations Commission as
called for in the Project’s scope of work.
• The Russell City Reparative Justice Project
(RCRJP) moves forward under the guidance,
supervision, oversight and direction of the
COH’s Community Services Commission to
continue the work of the Steering Committee
that remains uncompleted.
• The COH renews its commitment to taking
meaningful and actionable steps to address the
harms that it has admitted to and apologized for.

ADDENDUM RECOMMENDATIONS
PILLAR #3: REHABILITATION
Academic Scholarships, Free Tuition and
Tuition Reimbursement Payments
• The Hayward City Council, would support and approve,
recommendations that are similar to AB 3121, that would establish the Russell City Office of Education and Social Services which would offer free tuition to the descendants of former residents of Russell City in private K-12 education and academic scholarships to those pursuing higher education in the state.
• The Hayward City Council, would support and approve,
recommendations that are similar to AB 3121, that would expand access to career technical education (which combine academic education with occupational training to prepare students for careers in current or emerging professions) for the former residents and descendants of Russell City.
• The Hayward City Council, would support and approve,
tuition reimbursement payments (from 1963 forward) to former residents and descendants who pursued and completed their higher education (trade, technical school, college and graduate education).

REPAY THE DEBT
6 REPAIR THE HARM RESTORE THE LAND
PILLAR #1: RESTITUTION PILLAR #2: COMPENSATION
Retroactive Payment of Relocation Fees to All
Displaced Former Residents of Russell City
• Consistent with Cal. Gov. Code § 7260, Displaced person" means any person who moves from real property or moves his or her personal property from real property, as a direct result of a written notice of intent to acquire, or the acquisition of, the real property, in whole or in part, for a program or project undertaken by a public entity or by any person having an agreement with, or acting on behalf of, a public entity.
• Consistent with Cal. Gov. Code § 7262, Whenever a program or project to be undertaken by a public entity will result in the displacement of any person, the displaced person is entitled to payment for actual moving and related expenses
• Consistent with Cal. Gov. Code § 7263, In addition to the payments required by Section 7262, the public entity, as a part of the cost of acquisition, shall make a payment to the owner of real property, not to exceed twenty-two thousand five hundred dollars ($22,500)
Payments shall be made (with compound interest since 1963) directly to the former residents of Russell City or their descendants. (See Exhibit 6) Support Legislation Returning the Land Known as
Russell City to Former Residents & Descendants
• The Hayward City Council, would support and approve,
legislation that is similar to SB 796, that would allow Alameda County to return land located in Russell City to former Residents and their descendants who lived and owned land, property and businesses at the time of their displacement from Russell City.
• The Hayward City Council, would support and approve,
legislation that is similar to SB 796, that would authorize Alameda County to “sell, transfer, or encumber the land known as Russell City” while excluding the property from restrictions — including those that would force it to be used only for public recreation and beach purposes to former Residents and their descendants who lived and owned land, property and businesses at the time of their displacement from Russell City.
• The Hayward City Council, would support and approve,
legislation that is similar to SB 796, which recognizes “that if you can inherit generational wealth, you can inherit generational debt.” Addendum Appendix
7 Appendices

1. Project Scope & Committee Mandate

2. COH Stoplight Presentation: Recommendation Analysis

3. Role of Consultant: Ceres Policy Research, LLC (CPR)

4. Prioritization of CPR Proposed Recommendations

5. Recommendation Details – Repay The Debt
Appendix 1:

Project Scope &
Steering Committee Mandate
3/4/2024 RCRJP – Committee Member Addendum 8
1 Represent the Russell City Community in
communications between the City of Hayward
and the larger Russell City Community
2 Make decisions for the Russell City Community
3 Communicate any developments and
decisions to the Russell City community

PROJECT SCOPE STEERING COMMITTEE MANDATE
Phase 1
Discovery, fact-finding and academic research;
Formation of a governing structure for the Project team; Identifying & contacting former residents and descendants.

Phase 2
Establish and implement governing structure;
Community-based information gathering and storytelling; Consider & evaluate reparative justice models;
Synthesis of learning from academic and community-based research and storytelling.

Phase 3
Develop consensus on proposals and recommendations for
City Council consideration and potential consideration by other governing bodies for appropriate restitution and/or reparative justice responses.

Phase 4
City Council action and potential actions by other governing bodies to approve and implement reparative justice
recommendations.

Type Description Viability Possible Outcome
Non-Monetary Benefits Likely approval by Council / NSTL Continued and future City support of Russell City through public 1 arts and installations
APPENDIX 2
City of Hayward (COH) Recommendation Analysis
“Stop Light Presentation”
9 Monetary Benefits First time home ownership down payment assistance Litigation possible. Likely approval by Council only if formulated to benefit RCD2
Monetary Benefits Educational Scholarships Litigation possible. Likely approval by Council only if formulated to benefit RCD2
Non-Monetary Benefits Support legislation allowing impacted parties to sue public agencies that abused "urban renewal" process at City, County or state level.

Communities would work independently to pursue
land acquisition or monetary compensation through
litigation.

Monetary Benefits Direct monetary compensation Litigation likely. Reparations are considered an “illegal gift” with no “public purpose.”
Non-Monetary Benefits Awarding private land Litigation likely. Outcome of Bruce’s Beach is extraordinary exception.

Non-Monetary Benefits Awarding Public City owned land ‘in-kind” Litigation likely. Public land cannot be given to individuals for personal use.

APPENDIX 3
Role of Ceres Policy Research
To provide expertise and
competency in project
management, reparations, and
reparative justice strategies and
guiding frameworks

1. Project Management

2. Communications

3. Documentation and Comprehensive
Analysis of Harm Impact

4. Deliverables
a) Timeline
b) Reparative Justice
recommendations,
c) Synthesized analysis of research
findings and
d) resident interviews
Scope of Service (included but were not limited to
the following services:
• Guide the Committee members on agenda development,
facilitation, and distribution of meeting materials.
• Attend and facilitate all regularly scheduled and ad hoc meetings Committee Meetings as needed.
• Guide Committee in the development of a final
report comprised of short, mid, and long‐term
recommendations, for presentation to the City Council.

Communications
• Work with Committee Leadership and City
representatives to ensure ongoing community engagement
and information sharing with broader Russell City
• Meet monthly with RCRJP Leadership, City Staff leads for planning, discussion of progress and addressing issues as they arise.
• All materials of a preliminary nature, such as drafts of report of reparative justice recommendations, notes, historical findings, and other data, prepared or
obtained in the performance of this agreement,
shall be made available, upon request
To be clear, although the “Consultant [was] the
Russell City Reparative Justice Project (RCCRJ)
Steering Committee’s selected vendor…
The “AGREEMENT FOR
PROFESSIONAL SERVICES [is]

BETWEEN THE CITY OF HAYWARD

AND CERES POLICY RESEARCH
LLC”…
The City of Hayward (COH) is Ceres Policy
Research’s client… they were and are under the
direction and supervision of COH Staff, and not
the Steering Committee.

Effective Date and Term
• The effective date of the agreement is March
31, 2023, and it shall terminate no later than
February 1, 2024
3/4/2024
Conference presentation 10
Kerby Lynch, PhD.

Aisha Canfield, M.P.P.

APPENDIX 4
Five Pillars of Restorative Justice
11 1.

Restitution
Property
Restoration and
Fair
Compensation in
Russell City
(2.58)
Human Rights
and Restoration
of Property
(4.33)
Restitution for
Denial of
Infrastructure
and Community
Base (4.75)
Russell City
Comprehensive
Housing Initiative
(9.92)

2. Compensation
Compensation
and Support for
Russell City's
Former
Residents
(8.00)
Free Education
for Descendants
(10.83)
Establishment of
a Community
Fund
(11.33)

4. Guarantee of
Non-Repetition
Education and
Awareness
Programs
(16.50)
Community Land
Trusts and
Housing Policies
(16.58)
Community
Engagement and
Accountability
(16.75)
Policy Changes
(17.75)
Publication and
Storytelling
(18.00)
Revised Eminent
Domain Law and
Community
Governance
(21.08)

3. Rehabilitation
Educational
Scholarships and
Support
(10.00)
Employment and
Economic
Opportunities
(11.67)
Environmental
Justice and
Health Initiatives
(13.42)
Preventing
Recurrence and
Legal Changes
(13.75)
Russell City
Community
Center
(19.58)
Infrastructure
Development
(21.25)

5. Satisfaction
Transparency
and
Accountability
(14.92)
Education and
Documentation
(16.17)
Recognition of
Russell City
Luminaries and
Documentation
of Contribution
(17.67)
Revitalization of
Russell City's
Heritage and
Community
Spaces
(18.33)
Russell City
Cultural
Heritage
Preservation
Commission
(19.08)
Memorials and
Commemoratio
n(21.33)
Official Apologies
and
Acknowledgment
(22.83)

STEERING COMMITTEE PRIORITIZATION OF CERES POLICY RESEARCH PROPOSED RECOMMENDATIONS Consistent with Cal. Gov. Code § 7260
• Displaced person" means both of the following: Any
person who moves from real property, or who moves his
or her personal property from real property, either:
• (i) As a direct result of a written notice of intent to acquire, or the acquisition of, the real property, in whole or in part, for a program or project undertaken by a
public entity or by any person having an
agreement with, or acting on behalf of, a public
entity.
• (ii) As a direct result of the rehabilitation,
demolition, or other displacing activity, as the public entity may prescribe under a program or project
undertaken by a public entity, of real property on which the person is a residential tenant or conducts a business or farm operation, if the public entity determines that the displacement is permanent.

Consistent with Cal. Gov. Code § 7262
(a) Whenever a program or project to be undertaken by a public entity will result in the displacement of any person, the displaced person is entitled to payment for
actual moving and related expenses as the public entity determines to be reasonable and necessary, including
expenses for all of the following:
(1) Actual and reasonable expenses in moving himself or herself, his or her family, business, or farm operation, or his or her, or his or her family's, personal property.
(2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable
expenses that would have been required to relocate the
property, as determined by the public entity.
(3) Actual and reasonable expenses in searching for a
replacement business or farm, not to exceed one thousand dollars ($1,000).
(4) Actual and reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed ten thousand dollars ($10,000).

Consistent with Cal. Gov. Code § 7263
(a) In addition to the payments required by Section 7262, the public entity, as a part of the cost of acquisition, shall make a payment to the owner of real property acquired for public use which is improved with a dwelling actually owned and occupied by the owner as a permanent or customary and usual place of abode for not less than 180 days prior to the initiation of negotiation for the acquisition of that property.
(b) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), shall be based on the following factors:
(1) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the public entity equals the reasonable cost of a comparable replacement
dwelling.
(2) (2) The amount, if any, which will compensate the
displaced owner for any increased interest costs which
the owner is required to pay for financing the acquisition of a comparable replacement dwelling. 12
Exhibit 5: Repay The Debt
Recommendation Details
Payment of Relocation Fees to all Displaced Former Residents of Russell City Velda Goe Addendum Statement Regarding the Recommendations 1 message
Wed, Feb 28, 2024 at 8:36 AM
•Reclaim the land:
to its displaced Property Owners, Businesses and Community Organizations or their Descendants, in the case of death of the formerly named; or the value thereof as of the date that the property or the fair market value of the property is to be transfered
to the formerly named or Descendant.
•Partial funding is to be derived from tax and fee monies generated and collected from the current occupants of illicitly obtained land from the former Russell City Residents. •Establish a mutually agreed upon eligibility protocol:
for recompense and compensation schedules for Russell City Property and Business Owners, Community Organizations, Renters and their Descendants; to be determined by the RCRJP Steering Committee; the RC Community-at-Large and the appropriate COH Governance bodies. •Establish a Tax Rebate:
in perpetuity from displaced Property Owners, Businesses and Community Organizations and/or their Descendants, to be determined by an agreed upon formula equating what was lost during the RC displacement
•Re-establish the town of Russell City:
in whole or in part as a Community; to be occupied by displaced Russell City Residents and/or their Descendants, to the degree possible and as they desire; to equate their originally owned real estate or establishment in Russell City.
•Support a self-governing, non-profit body of Russell City Residents and Descendants:
to establish and ensure the revival and continual Russell City township and Community.
•Establish a Russell City Community Center (RCCC): within the boundaries of Russell City - wholly owned and debt-free by the
Resident-led non-profit to be formed to manage and maintain it via a Community fund to be earmarked for that purpose; in perpetuity.

The RCCC is to be a Multi-purpose venue in good repair to have a minimum occupancy and parking for 500 persons with amenities to include:
• Administrative Offices
• RCCC Theater with the following amenities:

Box Office
Stage
Dance Floor
AV capabilities
Dressing Areas
Bathrooms
a Bar and
adjunct Commissary.

These amenities will have the intent to create an on-going stream of income to continually bolster the RCCC Fund and to also be available for lease by the Hayward Community at large for that purpose. • (3) Conference/Multi-Purpose Rooms for use as: training centers, conferences and Community and Non-profit rental spaces
• Computer/Tech Center for training and use with a large screen Projection Room,10 CPU Stations with printers, scanners and the current technology for transferring, creating and modifying data • RCCC Child-care Center
•RC Healthcare Clinic - with a primary focus on the identification and treatment of physical and mental maladies that were imparted by the physically and psychologically toxic environments former RC Residents were exposed to.
•Redraft the local legal guidelines of when and how eminent domain can be used in Hayward:
and establish a diverse, term, Community Board to be part of the management plan to prevent a reoccurrence of the Russell City Travesty and provide a well defined scenario of its allowed uses, rationale for invoking it by consensus of governing bodies, public hearings and an objective 3rd party voted in for a 2 year term.

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 24-014
DATE: March 26, 2024
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Streamlined Affordable Housing Overlay District: Introduction of an Ordinance and Adoption of a Resolution for City-Initiated Zoning Text and Map Amendments to Chapter 1, Article 10 (Planning, Zoning and Subdivisions) of the Hayward Municipal Code to Establish an Affordable Housing Overlay District to Allow Ministerial Design Review of New Residential Development Subject to Minimum Affordability Criteria and to Rezone Three Properties Subject to the Overlay District as Required by the 6th Cycle Housing Element

RECOMMENDATION
That the Council introduces the attached Ordinance (Attachment III) and adopts the attached Resolution (Attachment II) containing findings approving Zoning Text and Map Amendments to Chapter 10 (Planning, Zoning and Subdivisions), of the Hayward Municipal Code establishing a new Streamlined Affordable Housing Overlay District and rezoning three properties to be subject to the new Overlay District.

SUMMARY
On February 7, 2023, the City Council adopted Resolution No. 23-033 incorporating the 6th Cycle Housing Element into the Hayward 2040 General Plan. The State Department of Housing and Urban Development certified Hayward’s Housing Element on July 27, 2023. Pursuant to State Law, the certified Housing Element includes sections on Housing Resources, which contains a list of pending and approved housing developments and specific sites with appropriate zoning that could be developed or redeveloped into high density housing; and a Housing Plan, composed of Goals, Policies and Programs, intended to help the City achieve housing goals set under the Regional Housing Needs Allocation (RHNA).

Housing Element Program H-11 in the Housing Plan requires the City to establish a by-right design review approval process for housing development on parcels that were used in previous Housing Element Sites Inventories, and that were identified as potentially accommodating high density residential development affordable to low-income households. Three properties meet these criteria: 548 Claire Street (APN 431-0040-029-00); 28824 Mission Boulevard (APN 078C-0461-006-04); and a vacant property located at Fletcher Lane (APN 445 -0001-004-13). The proposed Streamlined Affordable CITY OF HAYWARD Page 1 of 2 Printed on 3/22/2024
powered by Legistar™
File #: PH 24-014
Housing Overlay District would not apply to any other properties in Hayward at this time.

The proposed Overlay will not change the existing Zoning District or General Plan land use designation for the properties and will not result in any changes in allowable densities, uses, or other development standards applicable under those designations. Because this will be a ministerial planning process and meet minimum environmental clearance criteria, development of these parcels will not be considered “projects” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”), and therefore not subject to CEQA.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Ordinance
Attachment III, Exhibit A Streamlined Affordable Housing Overlay District Attachment III, Exhibit B Area Maps for Zoning Map Amendment Attachment IV Hayward General Plan Addendum
CITY OF HAYWARD Page 2 of 2 Printed on 3/22/2024
powered by Legistar™

Page 1 of 7 ends

DATE: March 26, 2024
TO: Mayor and Council Members
FROM: Development Services Director
SUBJECT: Streamlined Affordable Housing Overlay District: Introduction of an Ordinance and Adoption of a Resolution for City-Initiated Zoning Text and Map Amendments to Chapter 1, Article 10 (Planning, Zoning and Subdivisions) of the Hayward Municipal Code to Establish an Affordable Housing Overlay District to Allow Ministerial Design Review of New Residential Development Subject to Minimum Affordability Criteria and to Rezone Three Properties Subject to the Overlay District as Required by the 6th Cycle Housing Element.

Pursuant to State Law, the certified Housing Element includes sections on Housing Resources, which contains a list of pending and approved housing developments and specific sites with appropriate zoning that could be developed or redeveloped into high density housing; and a Housing Plan, composed of Goals, Policies and Programs, intended to help the City achieve housing goals set under the Regional Housing Needs Allocation (RHNA).

Page 2 of 7 ends

00); 28824 Mission Boulevard (APN 078C-0461-006-04); and a vacant property located at Fletcher Lane (APN 445 -0001-004-13). The proposed Streamlined Affordable Housing Overlay District would not apply to any other properties in Hayward at this time.

To utilize the proposed Streamlined Affordable Housing Overlay approval process, new residential development on these sites must include 20% of the housing units for lower income households, meet minimum environmental clearance criteria and meet objective zoning, subdivision and design standards. The proposed Overlay will not change the existing Zoning District or General Plan land use designation for the properties and will not result in any changes in allowable densities, uses or other development standards applicable under those designations. Because this will be a ministerial planning process and meet minimum environmental clearance criteria, development of these parcels will not be considered “projects” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”), and therefore not subject to CEQA.

BACKGROUND
California Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 – 65589.11] regulates the use and requirements of housing elements in California. State law requires that Hayward update its General Plan Housing Element every eight years. On February 7, 2023, the City Council adopted Resolution No. 23-033 incorporating the 6th Cycle Housing Element into the Hayward 2040 General Plan. City staff formally submitted the Housing Element to HCD on February 13, 2023, and resubmitted revisions of the Housing Element based on various HCD comments on March 21, 2023, May 12, 2023, and June 7, 2023. On July 27, 2023, HCD certified Hayward’s Housing Element (50 days lapsed between the City’s last formal submittal to HCD and their certification of the Housing Element).

The Housing Element contains a Housing Plan which sets forth various actions that the City will take to streamline and support development of a variety of housing types at all levels of affordability to achieve our RHNA. Housing Element Program H-11, By Right Approval for Projects with 20 Percent Affordable Units, was adopted pursuant to Government Code 65583.2(c) because three of the sites used in the City’s 6th Housing Element cycle as being appropriate for high density housing for low-income households were used in a previous Housing Element cycle. The timeframe associated with Program H-11 was January 2025.

On February 5, 2024, the City received a Corrective Action Letter from HCD explaining that since HCD’s certification of Hayward’s adopted Housing Element (July 27, 2023) occurred more than 120 days after the statutory deadline (January 31, 2023), the City is subject to an accelerated timeframe for rezonings and is required to establish this streamlined approval process by January 31, 2024. Program H-11 is the only “rezoning” program in the Housing Plan.

HCD notified the City that continued non-compliance could result in the City losing Housing Element certification and being ineligible for grant and transportation related funding from the State and make the City vulnerable to lawsuits by housing advocates. Shortly after receipt of the Corrective Action Letter, staff held a meeting with HCD staff to inform them

Page 3 of 7 ends

of the City’s intent to adopt the ordinance described in this report. HCD staff was satisfied with the City’s plans for achieving compliance with State Law and requested to be notified upon final adoption of the ordinance by the City Council.

The Planning Commissioned was slated to hold a duly noticed public hearing on this matter on March 14, 2024; however, due to a lack of quorum, this item is being forwarded to the City Council without a Planning Commission recommendation.

DISCUSSION
This project involves adoption of a proposed amendment to Chapter 10, Article 1, Zoning Ordinance to create a new Streamlined Affordable Housing Overlay zoning district, and an amendment to the Zoning Map to identify the properties that would be subject to the new Ordinance, as described in more detail below.

Streamlined Affordable Housing Overlay District: The Hayward Municipal Code would be amended to add Section 10-1.2650, Streamlined Affordable Housing Overlay District (Attachment III, Exhibit A). Similar to other sections of the Municipal Code, it contains a purpose, eligibility criteria, application submittal requirements, processes for ministerial review, application of standard conditions of approval, inactivity and modification and conclude with expiration and extension provisions.

Consistent with State Law, this Ordinance would be applicable to identified properties that meet minimum density and development assumptions in the 6th Cycle Housing Element and include a minimum of 20% of the units developed on-site for low-income households, provided that the development is consistent with objective zoning standards, objective subdivision standards, objective design review standards and performance standards set forth in General Plan, Specific Plan, Zoning Ordinance, Subdivision Ordinance and any other applicable sections of the HMC. Pursuant to various sections of Government Code, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean 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 and knowable by both the development applicant or proponent and the public official prior to submittal.

Ministerial planning approval does not require noticing, involves a thorough review by City staff to ensure that a development is consistent with all applicable standards and requirements and is subject to adopted standard conditions of approval that apply to all projects. Per the proposed Ordinance, and consistent with HMC Section 10-19.2205 and State Law, a ministerial planning application may be accompanied by a Density Bonus application. If such an application is filed, an applicant would be eligible to receive waivers and concessions that allow deviations from objective standards, and the City shall grant such waivers and concessions unless the City makes written findings, based on substantial evidence, that such waivers or concessions would have an adverse impact on public health and safety, and/or violate State or Federal Law. Other ministerial planning processes

Page 4 of 7 ends

adopted recently include Senate Bill 35 and Senate Bill 9 applications, both of which have been processed by City staff consistent with State law.

Zoning Map Amendment: The proposed Ordinance would be accompanied by a Zoning Map Amendment to identify the three properties subject to the proposed new regulations (Attachment III):
 548 Claire Street (APN 431-0040-029-00): Located within the Downtown Specific Plan, this 0.62-acre site is developed with a light industrial building constructed in 1950. According to City records, there is an active business license for video production services at the site.
 28824 Mission Boulevard (APN 078C-0461-006-04): This 1.38-acre vacant site is located within the Mission Boulevard Code area. On January 11, 2024, a developer submitted a Site Plan Review Application to construct a 40-unit multi-family rental development.
 Fletcher Lane (APN 445 -0001-004-13) is a 4.6-acre vacant lot located within the Mission Boulevard Code area. The site is paved and currently used as a private parking lot based on aerial images of the site.

As previously mentioned, the proposed Overlay will not change the existing Zoning District or General Plan land use designation for the properties and will not result in any changes in allowable densities, uses or other development standards, notwithstanding any modifications afforded as part of a Density Bonus request. In addition, it will not require that the owners cease operations or otherwise change how the site is currently used as it will simply allow for streamlined ministerial approval of a housing development if a developer decides to apply under the new District regulations. Unless amended or expanded in the future, no other properties would be subject to the proposed Overlay District.

Policy Context and Code Compliance
Hayward 2040 General Plan/Hayward Municipal Code: As identified in the Housing Element, three properties would be subject to this Ordinance:
 548 Claire Street (APN 431-0040-029-00) which is located within the Urban Neighborhood (UN) zoning district and is designated City Center – Retail and Office Commercial (CC-ROC) in the Hayward 2040 General Plan.  28824 Mission Boulevard (APN 078C-0461-006-04) which is located within the Mission Boulevard – Corridor Center (MB-CC) zoning district and is designated Sustainable Mixed Use (SMU) in the Hayward 2040 General Plan.
 Fletcher Lane (APN 445 -0001-004-13) which is located within the Mission Boulevard – Corridor Neighborhood (MB-CN) zoning district and is designated Sustainable Mixed Use (SMU) in the Hayward 2040 General Plan.

Page 5 of 7 ends

Future development on these sites would be subject to the design standards of their respective zoning district and General Plan land use designation including, but not limited to, minimum lot size, density, setbacks, maximum floor area ratio, maximum building height or number of stories, minimum group and private open space, minimum landscaping requirements, and minimum design and façade standards. Further, any future development would also be subject to other sections of the Municipal Code including the Off-Street Parking Ordinance (Article 2), Subdivision Ordinance (Article 3), Tree Preservation Ordinance (Article 15), and the Affordable Housing Ordinance (Article 17), and the Reach Code, as applicable.

ECONOMIC IMPACT
The proposed Zoning Text and Map Amendments will result in a streamlined entitlement review process for residential development projects that set aside 20% or more of the housing built on site for low-income households. Streamlined development review reduces the time and money associated with the development review process which will have positive economic impacts for developers. Further, development of housing under the proposed regulations will have positive economic benefits for low-income households because it will limit housing costs for those qualifying households and increase their disposable income available for other goods and services.

FISCAL IMPACT
There are no expected fiscal impacts related to adoption of these regulations. Future development proposals submitted under these regulations will be required to submit application, impact and other associated fees set forth in the Master Fee Schedule in effect at the time of permit issuance.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect and Produce Housing.

Specifically, this item relates to the implementation of the following project(s):

Project H10: Amend the Municipal Code to address Housing Element Actions related to housing for a variety of income levels and housing types.

SUSTAINABILITY FEATURES
The proposed Zoning Text and Map Amendments will not result in new development; however, any future development undertaken pursuant to these regulations will be subject to the Reach Code, the California Building Code and any other applicable regulations related to sustainability.

ENVIRONMENTAL REVIEW

Page 6 of 7 ends

In July 2014, the City Council certified a Final Program Environmental Impact Report, adopted the Statement of Overriding Considerations, approved the Mitigation Monitoring and Reporting Program, adopted the Hayward 2040 General Plan, and approved related amendments to the General Plan Land Use Map for certain properties in the Plan Area.

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164, Rincon Consultants prepared an Addendum to the General Plan EIR analyzing the Housing Element Update, Hazards Element Update and New Environmental Justice Element (Attachment IV), dated January 2023. In accordance with Section 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 none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Specifically, an Addendum is appropriate when there has been no substantial change proposed in the project or the circumstances under which the project is being undertaken, nor is there any new information that would require additional environmental review. In this case, the proposed Project would not require land use changes not previously known or analyzed in the General Plan EIR; therefore, the previously certified Mitigation Monitoring and Reporting Program remains valid and applicable with the Amendments.  The Addendum analyzed the 6th Cycle Housing Element and related Housing Plan, including Program H-11 related to ministerial site plan review for development on specific sites and subject to minimum affordability criteria.

Additionally, pursuant to Government Code Section 65583.2(i), ministerial design review for new development that meets minimum affordability criteria and all applicable object standards shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

PUBLIC CONTACT
Between August 2021 and May 2022, the Hayward Housing and Climate Team comprised of staff from the Planning Division, Environmental Services Division and the Housing Division have conducted extensive outreach related to the Housing Element, Climate Action Plan and Environmental Justice Element as detailed in the City Council staff report prepared for the Housing Element and linked above. The Housing Plan of the Housing Element, which included Program H-11, the subject of this Ordinance, was discussed at public hearings with the Planning Commission on January 26, 2023, and with the City Council on February 7, 2023.

On February 7, 2024, the City sent letters to the three property owners via certified mail informing them about the proposed Affordable Housing Overlay and zoning map amendments. As of the publication of this report, none of the affected property owners reached out to City staff to inquire about the proposed amendments.

On March 15, 2024, a Notice of Public Hearing was mailed to the three property owners whose properties are subject to the rezoning; to individuals who requested to receive notice about zoning amendments; posted at City Hall, the Downtown Library and Weekes

Page 7 of 7 ends

Branch Library; and, published on one-eighth page in The Daily Review pursuant to Government Code Section 65091.

NEXT STEPS
If approved, the Ordinance will return to the City Council on the consent calendar on April 2, 2024, for a second reading. If approved on consent, the Ordinance will take effect 30 days later, and the Resolution will take effect upon adoption of the Ordinance. Following adoption of the proposed regulations, staff will notify HCD that the actions have been completed to ensure that the City is not found out of compliance with State Law.

Prepared by: Leigha Schmidt, AICP, Principal Planner
Recommended by: Sara Buizer, AICP, Development Services Director Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 6 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member _____________

RESOLUTION TO ADOPT ZONING MAP AND ZONING TEXT AMENDMENTS TO CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE) TO ESTABLISH AN

AFFORDABLE HOUSING OVERLAY DISTRICT TO ALLOW MINISTERIAL

DESIGN REVIEW OF NEW RESIDENTIAL DEVELOPMENT SUBJECT TO

MINIMUM AFFORDABILITY CRITERIA AND TO REZONE THREE PROPERTIES

SUBJECT TO THE OVERLAY DISTRICT
WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and
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 benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council implement the 6th Cycle Housing Element for the eight-year period ranging from 2023 to 2031 in order to accommodate the City of Hayward Regional Housing Need Allocation (RHNA) of 4,624 housing units, comprised of 1,075 very-low income units, 617 low-income units, 817 moderate-income units, and 2,115 above moderate-income units; and

ATTACHMENT II

Page 2 of 6 ends

WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 23-033 adopting a General Plan Amendment related to the 6th Cycle Housing Element for the period of 2023-2031, which contains: (i) an assessment of the City’s housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a fair housing assessment; (iv) a statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (v) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update; and
WHEREAS, on July 27, 2023, the State Department of Housing and Community Development (HCD) found Hayward’s 6th Cycle Housing Element in substantial compliance with State Housing Element Law; and
WHEREAS, the Housing Element contains a Housing Plan which sets forth various actions that the City will take to streamline and support development of a variety of housing types at all levels of affordability to achieve our RHNA. Housing Element Program H-11, By Right Approval for Projects with 20 Percent Affordable Units, was adopted pursuant to Government Code 65583.2(c) because three of the sites used in the City’s 6th Housing Element cycle as being appropriate for high density housing for low-income households were used in a previous Housing Element cycle. The timeframe associated with Program H-11 was January 2025; and,
WHEREAS, since HCD’s certification of Hayward’s adopted Housing Element (July 27, 2023) occurred more than 120 days after the statutory deadline (January 31, 2023), the City is subject to an accelerated timeframe for any program requiring a rezoning, and is required to establish this streamlined approval process by January 31, 2024, as detailed in a Corrective Action letter issued by HCD on February 5, 2024; and, WHEREAS, the Planning Commissioned was slated to hold a duly noticed public hearing on this matter on March 14, 2024; however, due to a lack of quorum, this item is being forwarded to the City Council without a recommendation from the Planning Commission; and,
WHEREAS, notice of this hearing was published in the manner required by law and the hearing was duly held by the City Council on March 26, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:

ATTACHMENT II

Page 3 of 6 ends

CALIFORNIA ENVIRONMENTAL QUALITY ACT

1. In July 2014, the City Council certified a Final Program Environmental Impact Report, adopted the Statement of Overriding Considerations, approved the Mitigation Monitoring and Reporting Program, Adopted the Hayward 2040 General Plan, and Approved related amendments to the General Plan Land Use Map for certain properties in the Planning Area.

2. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164, Rincon Consultants prepared an Addendum to the General Plan EIR analyzing the Housing Element Update, Hazards Element Update and New Environmental Justice Element, dated January 2023. In accordance with Section 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 none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.

Specifically, an Addendum is appropriate when there has been no substantial change proposed in the project or the circumstances under which the project is being undertaken, nor is there any new information that would require additional environmental review. In this case, the proposed Project would not require land use changes not previously known or analyzed in the General Plan EIR; therefore, the previously certified Mitigation Monitoring and Reporting Program remains valid and applicable with the Amendments.

3. Pursuant to CEQA Guidelines 15164(g), an Addendum need not be circulated for public review.

4. The adopted Final EIR identified all potential significant adverse impacts and feasible mitigation measures that would reduce impacts to a level of less than significant, and that all the applicable mitigation measures identified in the Mitigation Monitoring and Reporting Program and related to the proposed project will be implemented, if applicable, as described in the Addendum. Based on the Final EIR and the Addendum, there is no substantial evidence that the Project would have a significant effect on the environment.

5. The project complies with CEQA, and the previously certified Final EIR, Mitigation Monitoring and Reporting Program and Addendum was reviewed and considered prior to approving the project.

6. Pursuant to Government Code Section 65583.2(i), ministerial design review for new development that meets minimum affordability criteria and all applicable object standards shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

ATTACHMENT II

Page 4 of 6 ends

ZONING TEXT AND MAP AMENDMENTS
Pursuant to Hayward Municipal Code Section 10-1.3425(b), the Planning Commission may recommend approval of an amendment to the Zoning Ordinance and Zoning Map upon making the following findings:

1. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward; In adopting State Housing Element Law, the legislature found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Government Code Section 65589.5.). As documented in the adopted, certified 6th Cycle Housing Element Appendix A, Housing Needs Assessment, Hayward’s residents are also experiencing a crisis in affordability which is related to a lack of affordable housing, particularly for low-income and special needs households.

There is substantial proof that the proposed change will promote the public health, safety, convenience and general welfare of the residents of Hayward in that the amendments are being undertaken to comply with the adopted, certified Housing Element and State Law. Compliance with State Law and annual reporting on ongoing Housing Element compliance is required for local jurisdictions to access State funding sources. In addition, a compliant Housing Element makes the City more competitive for grant funding to construct affordable housing and infrastructure improvements. While it will not solve the State, regional or local housing crisis, the City’s Housing Plan, and specifically Program H-11 will remove constraints for housing development on three parcels by creating a ministerial planning review process for development that meets minimum affordability criteria. Ministerial planning review processes streamline development approvals by reducing the time and cost associated with the development process thus supporting more efficient market rate and affordable housing development.

2. The proposed change is in conformance with the purposes of the Zoning Ordinance and all applicable, officially adopted policies and plans; The proposed Streamlined Affordable Housing Overlay District and related Zoning Map Amendment conforms to the purposes of the Zoning Ordinance, and all applicable, adopted policies and plans in that it will implement the City’s adopted, certified Housing Element, adopted Strategic Properties related to housing development, and is consistent with State Housing Law.

ATTACHMENT II

Page 5 of 6 ends

modifications afforded as part of a Density Bonus request as permitted by local and State Law. Future development on these sites would be subject to the minimum objective standards of their respective zoning district and General Plan land use designation including but not limited to minimum lot size, density, setbacks, maximum floor area ratio, maximum building height or number of stories, minimum group and private open space, minimum landscaping requirements, and minimum design and façade standards.

Further, any future development would also be subject to other sections of the Municipal Code including the Off-Street Parking Ordinance (Article 2), Subdivision Ordinance (Article 3), Tree Preservation Ordinance (Article 15), and the Affordable Housing Ordinance (Article 17), and the Reach Code, as applicable.

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified.

The proposed Streamlined Affordable Housing Overlay District and reclassification of three properties to be subject to the new Overlay District will not result in any changes to the existing Zoning District or General Plan land use designation for the properties. As a result, the Amendments will not impact streets or public facilities in that they will allow for a streamlined ministerial planning process provided that any proposed development on the three subject properties are consistent with objective zoning standards, objective subdivision standards, objective design review standards and performance standards set forth in General Plan, Specific Plan, Zoning Ordinance, Subdivision Ordinance and other applicable sections of the Hayward Municipal Code.

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 Streamlined Affordable Housing Overlay District and reclassification of three properties to be subject to the new Overlay District will not result in any changes to the existing Zoning District or General Plan land use designation for the properties. The proposed amendments would not change any potential future uses in that it would establish a ministerial design review process for high density residential development subject to minimum affordability requirements, which are permitted uses on all three sites. Ministerial planning review processes are beneficial and support efficient development of high-density housing in that they streamline development approvals by reducing the time and cost associated with the discretionary design review process.

ATTACHMENT II

Page 6 of 6 ends

Further, adoption of these regulations would implement Program H-11 of the Housing Element and ensure that the City remains in compliance with the adopted and certified Housing Element. Ongoing compliance with the adopted certified Housing Element is required for local jurisdictions to access State funding sources, to make the City more competitive for grant funding to construct affordable housing and infrastructure improvements, and to protect the City from lawsuits by housing advocates.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the findings in support of Zoning Map and Text Amendments related to establishment of the Affordable Housing Overlay District and rezoning three properties to be subject to that Overlay District, subject to the adoption of the companion Ordinance.

BE IT RESOLVED that this resolution shall become effective on the date that the companion Ordinance (Ordinance No. 24-___) becomes effective.

IN COUNCIL, HAYWARD, CALIFORNIA ____________________, 2024.

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. 24-_______
AN ORDINANCE AMENDING THE ZONING MAP AND CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE) OF THE HAYWARD MUNICIPAL CODE TO

ESTABLISH AN AFFORDABLE HOUSING OVERLAY DISTRICT TO ALLOW

MINISTERIAL DESIGN REVIEW OF NEW RESIDENTIAL DEVELOPMENT

SUBJECT TO MINIMUM AFFORDABILITY CRITERIA AND TO REZONE THREE

PROPERTIES SUBJECT TO THE OVERLAY DISTRICT

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions. The City Council incorporates by reference the findings contained in Resolution 24-____ approving the Zoning Map and Zoning Text Amendments to the Hayward Municipal Code as detailed in Exhibits A and B to this Ordinance.

Section 2. Chapter 10, Article 1 Planning, Zoning, and Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to add a new Section 10-1.2650, Streamlined Affordable Housing Overlay District as detailed in attached Exhibit A.

Section 3. The Zoning Map is hereby amended to apply a new Affordable Housing Overlay District to three properties located 548 Claire Street (APN 431-0040-029-00); 28824 Mission Boulevard (APN 078C-0461-006-04); and Fletcher Lane (APN 445 -0001- 004-13), as illustrated in the Exhibit B, introduced herewith and as specifically described in this Ordinance.

Section 4. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, 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 interpreted to give effect to the intentions of the City Council.

Section 4. Effective Date. In accordance with the provisions of Section 620 of the City Charter, the Ordinance shall become effective 30 days after the second reading on the Ordinance.

Page 2 ends

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the ____ day of ________ 2024, 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:

MAYOR:

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
Section 10-1.2650 – Streamlined Affordable Housing Overlay District 10-1.2655. Purpose.

The Streamlined Affordable Housing Overlay District allows for ministerial site plan and tentative map review and approval if a housing development meets the eligibility criteria and objective standards outlined in this ordinance. Planning ministerial review is based on compliance with objective standards set forth in the Municipal Code, the General Plan, applicable Specific Plan(s), the Subdivision Ordinance, and other adopted City regulations.
10-1.2660. Eligibility Criteria
a. Sites included in this Streamlined Affordable Housing Overlay District shall be those identified in previous housing element cycles and included in the 6th Cycle Housing Element as accommodating lower income housing units for the Regional Housing Needs Allocation. b. Developments proposed under this Streamlined Affordable Housing Overlay process shall meet the minimum residential development and density assumptions in the 6th Cycle Housing Element, and at least 20% of the proposed housing units developed on the subject site shall be deed restricted for extremely low, very low or low-income households. Units shall remain affordable at affordable housing cost or rent to low-income households for no less than fifty-five years for rental units, and forty-five years for ownership units, unless longer timeframes are required pursuant to other requirements or regulatory agreements.
c. The development is not located on a site that meets any of the criteria provided in Government Code Section 65913.4(a)(6)(A-K), as amended.
d. Proposed development that results in demolition of existing residential units shall be subject to the standards set forth in HMC Section 10-1.2736, as it may be amended from time to time. e. Development under this Ordinance may include requests for a Density Bonus or Tentative Map.

However, such an application may not be combined with a discretionary entitlement such as a Use Permit, Variance, Zone Change, General Plan Amendment or other discretionary permit, which are not considered ministerial actions under this Ordinance. 10-1.2665. Objective Standards
The proposed development shall be consistent with objective zoning standards, objective subdivision standards, objective design review standards and performance standards set forth in the General Plan, any applicable Specific Plan, Zoning Ordinance, Subdivision Ordinance and other applicable sections of the Hayward Municipal Code. For purposes of this paragraph “objective standards” means standards that involve no personal or subjective judgement by the reviewer and are uniformly verifiable by reference to an external and uniform benchmark criterion available and knowable by the applicant and reviewer.

In the event that objective zoning, general plan, subdivision or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the General Plan.

ATTACHMENT III, EXHIBIT A
10-1.2670. Application and Submittal Requirements.
a. Application.
(1) Application for Streamlined Approval shall be on a form as prescribed by the Planning Director and shall be signed by the applicant and by the owner of the property or the owner's authorized representative.
(2) The application shall be submitted to Planning Division and shall be accompanied by payment of a fee, as established from time to time by resolution of the City Council. (3) The application shall be accompanied by all required written material and drawings detailed in Submittal Requirements (b) below.
(4) Plans shall be prepared and endorsed by qualified professional practitioners, including a licensed architect, a licensed land surveyor, a registered civil engineer and a registered landscape architect.
b. Submittal Requirements. As determined by the Planning Director and City Engineer, the plan and supporting documents shall include all, or as much as is applicable, of the information listed below. (1) Eligibility Screening Checklist (see Section 10-1.2660) (2) Architectural Plans
(3) Grading and Utility Plans
(4) Landscaping and Irrigation Plans
(5) Phase I Report
(6) Soils, seismic, geological report and related geologic investigation, if required (7) Preliminary Grading Plan
(8) Affordable Housing Plan
(9) Local Transportation Analysis, if required.
10-1.2675. Ministerial Planning Review and Standard Conditions of Approval a. Ministerial Planning Review. Application shall be screened and reviewed for consistency with eligibility requirements and objective development standards set forth in the General Plan, any applicable Specific Plan, Zoning Ordinance, Subdivision Ordinance, and other applicable sections of the Hayward Municipal Code.
b. Qualifying projects found consistent with this Ordinance are considered ministerial projects and are not subject to environmental review under the California Environmental Quality Act. c. Standard Conditions of Approval. Standard conditions of approval may be applied to developments undergoing ministerial site plan review.
10-1.2680. Inactivity.

Following submittal of an application for a Streamlined Affordable Housing Overlay, if the applicant fails to provide changes or additional information necessary to make a decision on the project, and if there is no activity taking place in connection with the application for a period of six months, the application shall be closed and the applicant so informed.

ATTACHMENT III, EXHIBIT A
10-1.2685. Modification.
a. Application. Modification of a Streamlined Affordable Housing Development may be accomplished by submitting a request for such modification in the same manner as the application submittal process outlined in Section 10-1.2670 prior to issuance of the final building permit required for construction of the development.
b. Approval. A Modification of an approved plan under this title shall be approved if determined to be consistent with the eligibility criteria and based on the objective planning standards in effect when the original development application was submitted. 10-1.2690. Lapse and Extension of Approval.
a. Tentative Map. If accompanied by an application for a Tentative Map, application expiration and time extensions shall follow those set forth in the Subdivision Ordinance. b. General Application Expiration. Streamlined Affordable Housing Development approval not accompanied by a Tentative Map is void 36 months after the effective date of approval unless:
1) Prior to the expiration of the 36-month period, a building permit application has been submitted and accepted for processing by the Building Official, or a time extension of the approval has been granted by the Planning Director.
2) If a building permit is issued for construction of improvements authorized by the Streamlined Affordable Housing Development approval, said approval shall be void two years after issuance of the building permit, or three years after approval of the application, whichever is later, unless the construction authorized by the building permit has been substantially completed or substantial sums have been expended in reliance on the site plan review approval. A request for an extension must be submitted in writing to the Planning Division at least 15 days prior to the above date.
c. General Application Extension.
1) The Planning Director may grant an extension(s) not to exceed 24 months. 2) A request for an extension must be filed with the Planning Division at least 15 days prior to the anniversary date of approval, and action on the request shall be taken within 30 days. 3) In making a decision on approval of an extension, the following shall be considered:
(a) the cause for delay in submittal of the building permit; and (b) whether the proposal remains consistent with eligibility criteria and objective standards. 4) Standard Conditions of Approval may be reviewed, updated, added or modified by the Planning Director as a result of the processing of an extension. 431-0040-029-00
Grand Ter
Eagle Ct
Chase Ave
Summit Way Meridian Dr
D St
Grand St
Summit Ct
Myrtle St
C St
Peak St
Minaret Way
Alice St
Highpoint Way
Spire St
Kingsford
Claire St
Way
I
078C-0461-006-04
Dixon St
Hideaway St
Parkridge Loop
Buckwheat Ct
Zen Ct
Heaven Ct
Oasis Ct
Tennyson Rd
Tennyson Rd
E 12th St
Cork Oak Ln
Mission Blvd
Ashwell Ave
445-0001-004-13
W
Mission Blvd
illis Ave
Watkins St
Holmes Way
Jackson St
Walpert St
Fletcher Ln
Fletcher Lane
28824 Mission Boulevard

EXISTING ZONING/GENERAL PLAN
Zoning:

UN (Urban Neighborhood)
General Plan:

CC-ROC (Central City-Retail and Office Commercial)
CC-HDR (Central City-High Density Residential)

PROPOSED OVERLAY
Affordable Housing Overlay District

EXISTING ZONING/GENERAL PLAN
Zoning:

MB-CC (Mission Boulevard Corridor Center)
General Plan:

SMU (Sustainable Mixed Use)

PROPOSED OVERLAY
Affordable Housing Overlay District

EXISTING ZONING/GENERAL PLAN
Zoning:

MB-CN (Mission Boulevard Corridor Neighborhood)
General Plan:

SMU (Sustainable Mixed Use)

PROPOSED OVERLAY
Affordable Housing Overlay District
548 Claire Street
March 2024
SITE
0 100 200
Feet
SITE
SITE
Affordable Housing Overlay District
Housing Element Update, Hazards Element
Update and New Environmental Justice Element
Addendum to the City of Hayward General
Plan 2040 Environmental Impact Report
SCH # 2013082015
prepared by
City of Hayward
Development Services Department, Planning Division
777 B Street
Hayward, California 94541
Contact: Leigha Schmidt, Principal Planner
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
January 2023
Table of Contents
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report i Table of Contents
1 Introduction....................................................................................................................................1 2 Background.....................................................................................................................................2

2.1 Hayward 2040 General Plan ...............................................................................................2

2.2 Hayward 2040 General Plan EIR .........................................................................................2 3 Project Description .........................................................................................................................4

3.1 Housing Element Update ....................................................................................................4

3.1.1 Project Description .............................................................................................4

3.1.2 Project Context...................................................................................................5

3.2 Hazards Element Update ....................................................................................................6

3.2.1 Project Description .............................................................................................6

3.2.2 Project Context...................................................................................................6

3.3 New Environmental Justice Element ..................................................................................7

3.3.1 Project Description .............................................................................................7

3.3.2 Project Context...................................................................................................7

3.4 Discretionary Action............................................................................................................8

3.5 Prior Environmental Document..........................................................................................8

3.6 Relationship of the Proposed Project to Previous EIR Analysis..........................................8 4 Decision Not to Prepare a Subsequent Environmental Impact Report....................................... 10 5 Environmental Impacts................................................................................................................ 11

5.1 Aesthetics......................................................................................................................... 11

5.2 Agriculture and Forestry Resources................................................................................. 13

5.3 Air Quality ........................................................................................................................ 14

5.4 Biological Resources......................................................................................................... 16

5.5 Cultural Resources ........................................................................................................... 17

5.6 Energy .............................................................................................................................. 18

5.7 Geology and Soils............................................................................................................. 20

5.8 Greenhouse Gas Emissions.............................................................................................. 21

5.9 Hazards and Hazardous Materials ................................................................................... 22

5.10 Hydrology and Water Quality .......................................................................................... 24

5.11 Land Use and Planning..................................................................................................... 25

5.12 Mineral Resources ........................................................................................................... 26

5.13 Noise ................................................................................................................................ 27

5.14 Population and Housing................................................................................................... 29

5.15 Public Services.................................................................................................................. 30

5.16 Recreation........................................................................................................................ 31

5.17 Transportation ................................................................................................................. 32 City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element ii

5.18 Tribal Cultural Resources................................................................................................. 34

5.19 Utilities and Service Systems ........................................................................................... 36

5.20 Wildfire ............................................................................................................................ 37 6 Conclusion.................................................................................................................................... 39 7 References................................................................................................................................... 40

7.1 References ....................................................................................................................... 40

7.2 List of Preparers............................................................................................................... 40 Introduction
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 1 1 Introduction
This document is an addendum to the City of Hayward General Plan 2040 Final Environmental Impact Report (EIR) (State Clearinghouse #2013082015), which was certified by the City of Hayward City Council in July 2014 (2014 General Plan EIR). This addendum addresses the proposed Housing Element Update, Hazards Element Update, and New Environmental Justice Element (“project”).

In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, codified in Sections 15000 et seq. of Title 14 of the California Code of Regulations, a lead agency must prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Under Section 15162(a), where an EIR has been certified for a project, no subsequent EIR shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are substantial changes in the project or circumstances or substantially important new information that will cause the project to have significant new impacts or substantially increase previously identified significant impacts.

The addendum does not need to be circulated for public review but can be included in or attached to the Final EIR (Section 15164[c]). The decision-making body must consider the addendum with the final EIR prior to making a decision on the project (Section 15164[d]). An addendum should include a brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162, supported by substantial evidence, the lead agency's findings on the project, or elsewhere in the record (Section 15164[e]). A discussion on this topic can be found in Section 4, Decision Not to Prepare a Subsequent Environmental Impact Report, of this addendum.

This addendum has been prepared in accordance with relevant provisions of CEQA (California Public Resources Code Section 21000, et seq.) and the CEQA Guidelines. It describes the proposed project and compares its impacts to those identified in the 2014 General Plan EIR. The analysis demonstrates that the proposed project does not require the preparation of a subsequent or supplemental EIR.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 2 2 Background
This section provides an overview of the Hayward 2040 General Plan and its EIR to provide context for this addendum.

2.1 Hayward 2040 General Plan
On July 1, 2014, the City Council of the City of Hayward approved the Hayward 2040 General Plan.

The City’s General Plan provides goals, policies, and programs intending to guide development in the City for 26 years through the planning horizon year of 2040. The General Plan includes 10 elements, including Land Use and Community Character; Mobility; Economic Development; Housing; Community Safety; Natural Resources; Hazards; Education and Lifelong Learning; Community Health and Quality of Life; and Public Facilities and Services which comprise those General Plan elements required by State law (Land Use, Circulation, Housing, Open Space, Conservation, Noise, and Safety), as well as three additional elements. The purpose of the General Plan is to:
 Identify land use, transportation, environmental, economic, and social goals and policies as they relate to land use and development.
 Provide a basis for a community’s decision-making regarding land use.  Provide citizens an opportunity to participate in the planning and decision-making process.  Inform citizens, developers, decision-makers, and others of the ground rules that guide development in the community.

The City of Hayward’s planning area is located approximately 20 miles southeast of San Francisco, in an area commonly referred to as the “East Bay.” The project planning area includes all the land in the City’s Sphere of Influence as defined by the Alameda County Local Agency Formation Commission (LAFCO), including all land within the Hayward City limits and adjacent unincorporated county land, including Garin Regional Park, open space areas east of the City, portions of San Lorenzo and Castro Valley, and the communities of Hayward Acres, Cherryland, and Fairview.

2.2 Hayward 2040 General Plan EIR
The City Council certified the EIR for the General Plan (2014 General Plan EIR) in July 2014. The 2014 General Plan EIR evaluated potential environmental consequences associated with the General Plan, focusing in depth on the following environmental issue areas:
 Aesthetics and Visual Resources
 Agricultural and Forestry Resources
 Air Quality
 Biological Resources
 Geology, Soils, and Minerals
 Global Climate Change and Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Historic and Cultural Resources
 Hydrology and Water Quality
 Land Use and Planning
 Noise
 Population and Housing
 Public Services
 Transportation and Circulation
 Utilities and Service Systems
Background
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 3 The 2014 General Plan EIR found that the General Plan’s goals, policies, and programs as well as required mitigation measures would reduce most of the potential environmental impacts that would occur due to buildout of the General Plan. However, impacts related to air quality, noise, and transportation and circulation were determined to be significant and unavoidable. Accordingly, the City adopted a Statement of Overriding Considerations for these significant and unavoidable impacts as required under CEQA Guidelines Section 15093.

The 2014 General Plan EIR studied the impacts of an estimated buildout of 67,112 dwelling units and a population of 208,047 within Hayward City limits and an estimated buildout of 85,794 dwelling units and a population of 265,962 within the Hayward Planning Area1.

The General Plan Draft EIR and Final EIR are available online at: https://www.hayward-ca.gov/yourgovernment/documents/planning-documents and are incorporated herein by reference. 1 Assuming an average household size of 3.1 persons per household City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 4 3 Project Description
The project consists of a comprehensive update to the City of Hayward Housing Element (herein referred to as “Housing Element Update”), a comprehensive update to the City of Hayward Hazards Element (herein referred to as “Hazards Element Update”), and the addition of the City of Hayward Environmental Justice Element (herein referred to as “Environmental Justice Element”), which are altogether referred to as the “project.”

3.1 Housing Element Update

3.1.1 Project Description
State law requires that housing elements be updated every eight years (California Government Code Sections 65580 to 65589.8). The Housing Element Update identifies residential sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups, defined under State law (California Government Code Section 65583). It analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons. The City of Hayward Housing Element is being updated as part of the State’s 6th cycle Regional Housing Needs Assessment (RHNA) allocation. For Hayward, the planning period runs from January 31, 2023 through January 31, 2031.

The project would bring the City’s Housing Element into compliance with State legislation passed since the publication of the previous (5th Cycle) Housing Element (adopted in December 2014). The Housing Element Update includes a housing sites inventory (Appendix C of the Housing Element) that demonstrates how the city plans to meet its 6th cycle RHNA allocation. However, no formal land use changes or physical development are proposed at the time of adoption of the Housing Element.

The Housing Element Update will not, in and of itself, result in environmental impacts as it does not propose to develop any projects. Rather, it establishes objectives and policies designed to guide future development as the City works to achieve State-mandated housing goals. Specifically, the City’s Regional Housing Needs Allocation (RHNA) as shown in the table below.

Extremely
Low Income
Very Low
Income Low Income
Moderate
Income
Above Moderate
Income Total
Dwelling Units 547 528 617 817 2,115 4,624
Future development will require project-specific developmental review as potential impacts are location-specific and cannot be assessed in a meaningful way until a project site and development proposal are identified. When a specific development proposal is considered for approval, that project would be subject to adopted development guidelines/standards and it must comply with the 2040 General Plan policies and actions listed as mitigation measures in the certified 2014 General Plan EIR (in accordance with CEQA Guidelines Section 15168[c][3]). If a subsequent activity (in this case a specific development proposal) would have effects not identified in the program EIR (the 2014 General Plan EIR and this Addendum), the lead agency must prepare additional CEQA documentation prior to project approval.

Project Description
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 5 This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of Housing Element Update. No physical development or land use changes are addressed or evaluated.

The City would analyze land use changes separately to demonstrate compliance with the requirements of CEQA, if necessary. This Addendum is intended to demonstrate consistency of the Housing Element Update with the existing 2014 General Plan EIR to comply with the requirements of CEQA. In particular, and in line with Public Resources Code Section 21083.3, this Addendum Evaluation assesses whether the updated Housing Element, as a policy and programs document, includes impacts not addressed or analyzed as significant effects in the 2014 General Plan EIR.

3.1.2 Project Context
The purpose of the Housing Element is to achieve an adequate supply of decent, safe, and affordable housing for Hayward’s existing and future workforce, residents, and special needs populations. Housing Element law is designed to ensure that low-income families are not excluded from opportunities in all communities and to promote economic and environmental sustainability throughout the region. The Housing Element strives to conserve the city’s existing housing stock, while affirmatively furthering fair housing and providing opportunities for new housing for all economic segments of the community.

State Housing Element law requires that local jurisdictions describe and analyze the housing needs of their community, the barriers or constraints to providing that housing, and actions proposed to address these concerns over an eight-year period. In addition, Housing Element law requires each city and county to accommodate its “fair share” of projected housing need over the Housing Element planning period. Cities and counties must demonstrate that adequate sites are available to accommodate this need, and that the jurisdiction allows for development of a variety of housing types. This housing need requirement is known as the RHNA and apportions to each jurisdiction its portion of the Bay Area’s projected need.

To make adequate provision for the housing needs of all economic segments of the community, the Housing Element establishes goals, policies, and programs to:
 Conserve and improve the condition of the existing affordable housing stock;  Assist in the development of housing affordable to low and moderate income households;  Identify adequate sites to encourage the development of a variety of types of housing for all income levels;
 Address and, where appropriate and legally possible, affirmatively further fair housing and remove governmental constraints to the maintenance, improvement, and development of housing;
 Promote equal housing opportunities for all persons; and  Provide for the special housing needs of seniors, persons with disabilities, large families with children, single female-headed households, and the homeless.

The goals and policies of the Housing Element are closely related to several other elements of the General Plan, including the Land Use and Community Character Element and the Community Health and Quality of Life Element.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 6 3.2 Hazards Element Update

3.2.1 Project Description
The Hazards Element (also referred to as a Safety Element in State Law) is one of seven required elements of the General Plan and specifically addresses natural hazards and environmental risks to the community. Hayward’s Hazards Element is included in the General Plan.

California Government Code Section 65302(g) requires all local jurisdictions to update their Safety Element upon each revision of the Housing Element or Local Hazard Mitigation Plan. Hayward’s Hazards Element Update will occur shortly after the Housing Element Update. The State of California specifies types of information that must be updated, notably, climate change resiliency and adaptation mitigation. Other topics relating to natural hazards, which are already addressed in the Hazards Element but may be updated as necessary to reflect new information, include: fire risk, seismic risk, flood risk, site contamination, and the City’s ability to respond to natural and manmade disasters.

This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of Hazards Element Update. No physical development or land use changes are addressed or evaluated.

The City would analyze land use changes separately to demonstrate compliance with the requirements of CEQA, if necessary. This Addendum is intended to demonstrate consistency of the Hazards Element Update with the existing 2014 General Plan EIR to comply with the requirements of CEQA. In particular, and in line with Public Resources Code Section 21083.3, this Addendum Evaluation assesses whether the Hazards Element Update, as a policy and programs document, includes impacts not addressed or analyzed as significant effects in the 2014 General Plan EIR.

3.2.2 Project Context
The city of Hayward is located in a region that is prone to a variety of natural disasters. The city’s geologic setting was formed by regional and local earthquake faults, many of which are still active and can generate devastating damage to buildings and infrastructure in the event of an earthquake.

The city’s climate can also create hazardous conditions. Severe winter and spring storms can cause landslides in hillside areas and flooding along stream corridors and low-lying areas near the San Francisco Bay. Dry weather during spring and summer months can create hazardous conditions related to wildland fires, which when combined with strong Diablo winds, pose a significant risk to hillside neighborhoods. Climate change is projected to increase the frequency and severity of climate hazards, including increased flood, landslide, drought, extreme heat, and wildfire risks. In addition to natural hazards, Hayward also has a number of transportation facilities and industrial businesses that create risks for man-made hazards, such as aircraft accidents, hazardous material spills, and exposure to excessive noise.

While it is impossible to completely avoid natural and man-made hazards, the Hazards Element establishes goals and policies to protect life, encourage education and preparation for natural hazard events and minimize property damage during future disasters and emergencies. The goals and policies address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise.

Several other Elements of the General Plan provide supporting goals and policies that will help the Hayward community prepare for and respond to hazards, including the Community Safety Element, Project Description
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 7 the Public Facilities Element, the new Environmental Justice Element, and the Community Health and Quality of Life Element.

3.3 New Environmental Justice Element

3.3.1 Project Description
Environmental Justice is a concept focused on addressing the systemic causes of the unequal environmental burden placed on disadvantaged communities, especially minority and low-income populations. Efforts towards environmental justice have aimed to improve the status of disadvantaged communities through effective planning and policy decisions. In California, the Planning for Healthy Communities Act of 2016 (Senate Bill 1000), was established to address the role of environmental justice in local and regional planning practice. Formally, California law defines “environmental justice” as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Government Code Section 65040.12[e]). Through Senate Bill 1000, jurisdictions are now required to identify environmental justice communities (called “disadvantaged communities”) within their planning area and incorporate environmental justice into their general plans.

This Addendum, therefore, analyzes the changes and potential impacts related to the adoption of a new Environmental Justice Element. No physical development or land use changes are addressed or evaluated. The City would analyze land use changes separately to demonstrate compliance with the requirements of CEQA, if necessary. This Addendum is intended to demonstrate consistency of the Environmental Justice Element with the 2014 General Plan EIR to comply with the requirements of CEQA. In particular, and in line with Public Resources Code Section 21083.3, this Addendum Evaluation assesses whether the new Environmental Justice Element, as a policy and programs document, includes impacts not addressed or analyzed as significant effects in the 2014 General Plan EIR.

3.3.2 Project Context
Historically, negative environmental impacts have been shown to disproportionately affect marginalized populations, including racial, ethnic, and socioeconomic minorities. As a result of these environmental impacts, marginalized populations tend to have poorer health and safety outcomes relative to the broader population. The various environmental impacts that tend to affect marginalized populations include but are not limited to increased exposure to pollutants, increased proximity to contaminated facilities/structures, and decreased access to public resources relative to other communities. These environmental impacts are directly linked to one another and thus can result in a compounded environmental burden on certain populations.

As described in the new Environmental Justice Element, none of the 37 census tracts within Hayward meet the state definition of a “disadvantaged community”; however, there are neighborhoods that have measurable impacts in various areas, referred to as population and/or pollution burdens, which can be addressed through this new element.

The City of Hayward is committed to promoting environmental justice through the effective implementation of this Environmental Justice Element. The Environmental Justice Element contains a comprehensive set of goals and policies aimed at increasing the role and influence of historically marginalized populations within their communities and reducing their exposure to environmental City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 8 and health hazards. The goals and policies in this plan are centered around six focus areas. These focus areas are areas identified by the California Government Code Section 65302(h) as policy topics necessary for reducing the unique or compounded health risks in disadvantaged communities. The six focus areas are as follows:
 Pollution Exposure and Air Quality
 Public Facilities
 Safe and Sanitary Homes
 Physical Activity and Public Health
 Food Access
 Civic and Community Engagement
The Environmental Justice Element is divided into three sections. The first section is a summary of the public participation opportunities included as part of the Element development process. The second section presents the methodology used to identify environmental justice communities in Hayward. The third section outlines the environmental justice goals and policies and provides a summary of the baseline environmental conditions associated with each goal. The goals, policies, and programs describe how the City of Hayward will incorporate environmental justice into decision making and support positive outcomes for affected residents.

3.4 Discretionary Action
Implementation of the project would require the following discretionary actions by the City of Hayward Planning Commission/City Council:
 Approval of an Addendum to the 2014 General Plan EIR
 Adoption of a General Plan Amendment to incorporate the 2023-2031 Housing Element Update  Adoption of a General Plan Amendment to incorporate the Hazards Element Update  Adoption of a General Plan Amendment to incorporate the new Environmental Justice Element

3.5 Prior Environmental Document
City of Hayward, General Plan Update Environmental Impact Report (General Plan Update EIR).

State Clearinghouse Number 2013082015, certified July 2014. This document can be viewed on the City of Hayward Planning Documents Website: https://www.hayward-ca.gov/yourgovernment/documents/planning-documents

3.6 Relationship of the Proposed Project to Previous EIR Analysis
The City of Hayward adopted the 2040 General Plan on July 1, 2014. It includes goals and polices that convey the City’s long-term vision and guide local decision making to reach that vision. The 2014 General Plan EIR assessed impacts from the implementation of the General Plan and was certified in 2014 when then City Council approved the General Plan. Development under the project would be required to abide by all applicable goals and policies in the adopted General Plan. The proposed Housing Element Update, Hazards Element Update, and new Environmental Justice Project Description
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 9 Element do not include changes to the policies or land use designations of the General Plan or any other amendments to the General Plan; they would also not involve or facilitate development in areas not assumed for development in the certified 2014 General Plan EIR. The location and general footprint of development under the project would be the same as for the citywide buildout analyzed in the 2014 General Plan EIR. The proposed project would be consistent with the 2040 General Plan goals and policies to that encourage the development of affordable housing.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 10 4 Decision Not to Prepare a Subsequent
Environmental Impact Report
As outlined in CEQA Guidelines Section 15164, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred. The conditions described in Section 15162 include the following:

Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 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 previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
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 different 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 impact analysis that follows demonstrates that the proposed Housing Element Update, Hazards Element Update, and new Environmental Justice Element would not result in new significant environmental impacts beyond those that have already been identified and characterized in the 2014 General Plan EIR, and that there are no substantial changes in the project or circumstances or substantially important new information that would cause the project to have significant new impacts or substantially increase previously identified significant impacts. None of the conditions described above in CEQA Guidelines Section 15162 that would call for preparation of a subsequent EIR have occurred or would occur as a result of the proposed project. Therefore, this addendum is the appropriate level of environmental documentation under CEQA. This addendum will be considered by the City’s decision-making body in its consideration of the proposed project.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 11 5 Environmental Impacts
This addendum evaluates potential environmental impacts that could result from the proposed project in the context of/compared to the growth projections and impacts studied in the 2014 General Plan EIR. The existing environmental conditions in and around the project area are substantially the same under present conditions as described in the 2014 General Plan EIR except where conditions have changed in accordance with the assumptions of the 2014 General Plan and related EIR. The analysis below provides updates where necessary to characterize potential impacts.

Appendix G of the CEQA Guidelines provides a checklist of environmental issue areas suggested for assessment in CEQA analyses. Since preparation of the 2014 General Plan EIR, revisions to the CEQA Guidelines have occurred to include environmental issue areas pertaining to energy, vehicle miles traveled (VMT), tribal cultural resources, and wildfire. To provide a thorough and conservative analysis of potential impacts associated with the proposed project, this addendum addresses the 20 environmental issue areas suggested by Appendix G of the 2022 CEQA Guidelines, listed below.  Aesthetics
 Agriculture and Forest Resources
 Air Quality
 Biological Resources
 Cultural Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Land Use and Planning
 Mineral Resources
 Noise
 Population and Housing
 Public Services
 Recreation
 Transportation
 Tribal Cultural Resources
 Utilities and Service Systems
 Wildfire
Potential environmental impacts of the proposed project are analyzed to determine whether they are consistent with the impact analysis provided in the 2014 General Plan EIR, and whether additional mitigation measures are required to minimize or avoid further potential impacts. Where the following analysis identifies impacts, discussion of previously identified mitigation measures from the 2014 General Plan EIR and existing applicable policies and regulations are discussed, as relevant, with respect to mitigating potential impacts from the proposed project.

5.1 Aesthetics
Impacts Identified in the 2014 General Plan EIR
Impacts related to aesthetics were analyzed on pages 5-1 through 5-34 of the 2014 General Plan EIR. The 2014 General Plan EIR determined that cumulative mitigating benefits of the General Plan programs and policies would result in a less than significant impacts to scenic vistas; scenic resources; visual character or quality; and light or glare that would affect day or nighttime views.

Therefore, impacts regarding aesthetics were determined to be less than significant, and no mitigation was required.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 12 Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR. The Housing Element Update does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which adversely affects views. Future development would be required to undergo site-specific environmental review, and be subject to adopted development guidelines, including standards that govern visual quality and community design.

Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which adversely affects views.

Policies within the Environmental Justice Element are meant to aid areas of the city that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Thus, the Environmental Justice Element is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which adversely affects views.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 13 Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to aesthetics than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. Existing General Plan programs and policies that address aesthetics would continue to apply to development under the proposed project. No new mitigation measures are necessary.

5.2 Agriculture and Forestry Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses agricultural impacts in the agricultural and forestry resources section, on pages 6-1 through 6-6. The 2014 General Plan EIR determined that the cumulative mitigating benefits of the General Plan programs and policies would result in a less than significant impacts to agriculture and forestry resources and no mitigation was required.

Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to Important Farmland, agriculturally-zoned land, Williamson Act-contracted lands, forest land, or timberland. All future development would be required to undergo site-specific environmental review and will be subject to adopted development guidelines and would be required to comply with the policies and actions from the Hayward General Plan.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to Important Farmland, agriculturally-zoned land, Williamson Act-contracted lands, forest land, or timberland.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 14 Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to Important Farmland, agriculturally-zoned land, Williamson Act-contracted lands, forest land, or timberland.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to agriculture and forest resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.3 Air Quality
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses air quality impacts on pages 7-1 through 7-40 and finds that odor-related impacts would be less than significant. Impacts associated with short-term construction, long-term operational emissions, and health risk exposure to toxic air contaminants (TAC) and particulate matter 2.5 (PM2.5) would be significant and unavoidable, even after application of all feasible mitigation. The 2014 General Plan EIR includes the incorporation of specific source-reduction and receptor-oriented risk reduction measures and best management practices (BMPs), although the overall effectiveness of these measures in reducing communitywide health risk could not be quantified. These impacts would, therefore, remain significant and unavoidable. Because the General Plan would not be fully consistent with the primary goals of the Bay Area 2010 Clean Air Plan with the elevated emissions projected, the 2014 General Plan EIR found that this impact would be significant and unavoidable.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 15 The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to air quality. Potential air quality-related impacts cannot be assessed in a meaningful way without a project-specific analysis covering the location and size of proposed developments, which includes construction air quality emissions, project operational emissions and potential VMT.

Future, unknown short-term air quality impacts resulting from construction of the identified sites and other unknown future development sites, such as dust generated by clearing and grading activities, exhaust from emission from gas- and diesel-powered construction equipment, and vehicular emissions associated with the commuting of construction workers will be subject to Bay Area Air Quality Management District (BAAQMD) rules and protocols. Similarly, operational impacts would be addressed by provisions in the General Plan, the Hayward Municipal Code, and other regulations and standards that govern air quality in Hayward. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and to comply with all relevant regulations related to air quality at the time of construction.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 16 impacts or substantially more severe significant impacts with respect to air quality than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. Local, State, BAAQMD, and federal regulations as well as General Plan programs and policies would continue to apply to development under the proposed project, and impacts would be substantially similar to those analyzed in the 2014 General Plan EIR. No new mitigation measures are necessary.

5.4 Biological Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses biological resources impacts on pages 8-1 through 8-32 and finds impacts to be less than significant. The 2014 General Plan EIR determined that the cumulative mitigating benefits of the General Plan programs and policies would result in a less than significant impact to biological resources and no mitigation was required.

The Housing Element Update, in and of itself, does not include specific projects involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to biological resources and conservation or habitat management plans. All future development consistent with the Housing Element Update would be required to undergo sitespecific environmental review and to comply with applicable requirements and regulations regarding biological resources and the policies and actions from the Hayward General Plan.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to biological resources and conservation or habitat management plans.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 17 Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to biological resources and conservation or habitat management plans.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to biological resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.5 Cultural Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes cultural resources on pages 12-1 through 12-13 and finds that impacts to sites of local importance, overall historic setting, and previously undiscovered archaeological resources would be less than significant and impacts to paleontological resources would be less than significant.

The Housing Element Update, in and of itself, does not include specific projects involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to cultural resources. All future development consistent with the Housing Element Update would undergo site-specific environmental review and be required to comply with applicable policies and regulations regarding historic, archaeological, and paleontological resources including the policies and actions from the Hayward General Plan.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 18 Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to historic, archaeological, and paleontological resources.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to historic, archaeological, and paleontological resources.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to cultural resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur and no new mitigation measures are necessary.

5.6 Energy
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes impacts on energy on pages 21-9 through 21-24. This discussion addresses the issues of inefficient, wasteful, or unnecessary consumption of energy. The 2014 General Plan EIR identifies impacts related to energy consumption as less than significant.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 19 Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not result in impacts to energy resources or adopted plans for renewable or efficient energy use. Although future projects would involve the consumption of non-renewable energy resources such as electricity, natural gas, propane, gasoline, and diesel, they would undergo site and project specific environmental review and be required to comply with State and local regulations pertaining to energy, such as Title 20, Energy Building Regulation, Title 24, Energy Conservation Standards, of the California Code of Regulations (CCR), and Ordinance No. 20-05 and the City’s Reach Code.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to energy resources or adopted plans for renewable or efficient energy use.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to energy resources or adopted plans for renewable or efficient energy use.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 20 Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to energy than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.7 Geology and Soils
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses geology and soils impacts on pages 9-1 through 9-18 and concludes that impacts related to geology and soils would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to geological resources. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with relevant policies and regulations regarding geology and soils including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to geology and soils than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.8 Greenhouse Gas Emissions
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes greenhouse gas (GHG) emissions on pages 10-1 through 10-42 and concludes that impacts would be less than significant.

Potential GHG emission impacts cannot be assessed in a meaningful way until a project-specific analysis that takes into account factors including the size of the development, construction GHG emissions, project operational emissions, and potential VMT is conducted. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to GHGs or adopted plans for the purpose of reducing GHGs. Future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and adhere to applicable climate and GHG emissions policies and regulations including consistency with SB 32, AB 32, SB 97, and SB 375. Future development would also be required to comply with the policies and actions from the Hayward General Plan and the City’s Reach Code among other regulations intended to reduce GHGs.

Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 22 hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to GHGs or adopted plans for the purpose of reducing GHGs.

The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to GHGs or adopted plans for the purpose of reducing GHGs.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to GHG emissions than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new or revised mitigation measures are necessary.

5.9 Hazards and Hazardous Materials
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses hazards and hazardous materials impacts on pages 11-1 through 11-24 and finds that impacts related to hazards and hazardous materials in the City would be less than significant.

Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 23 for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to hazards or hazardous materials. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable policies and guidelines regarding hazards and hazardous materials including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to hazards and hazardous materials than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 24 5.10 Hydrology and Water Quality
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses hydrology and water quality impacts on pages 13-1 through 13-

40. The EIR found that potential impacts to hydrology and water quality would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to hydrology or water quality. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to hydrology and water quality including the policies and actions from the Hayward General Plan.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 25 The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to hydrology or water quality.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to hydrology and water quality than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.11 Land Use and Planning
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR addresses land use and planning on pages 14-1 through 14-42. Impacts to land use and planning were determined to be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support development of a variety of housing types at a range of income levels in Hayward. The Housing Element Update does not propose any land use or zoning changes. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts due to land use or planning. All future development consistent with the Housing Element Update would be required to undergo sitespecific environmental review and comply with applicable regulations and requirements related to land use and planning.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 26 Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to land use or planning.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to land use and planning than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.12 Mineral Resources
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes mineral resources on pages 9-1 through 9-18 and finds that impacts would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts due to mineral resources. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to mineral resources.

Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 27 Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to mineral resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.13 Noise
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes noise on pages 15-1 through 15-32. Impacts due to construction-related ground vibration, railroad generated noise, and noise generated from stationary sources were found to be less than significant. Impacts related to short-term and longterm construction-generated noise, and traffic-related noise, were found to be significant and unavoidable even with General Plan policies that would reduce noise from these sources.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 28 Impacts of the Proposed Project
Housing Element Update
The Housing Element Update is a policy document consistent with the General Plan. The Housing Element Update includes housing sites located throughout the City that were evaluated previously for potential environmental impacts in the 2014 General Plan EIR, and does not propose changes to zoning to achieve increased buildout beyond the previous General Plan estimates.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in noise-related impacts. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with all relevant policies and guidelines regarding noise or vibration including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 29 impacts or substantially more severe significant impacts with respect to noise than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.14 Population and Housing
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR discusses population and housing on pages 16-1 through 16-7. The 2014 General Plan EIR accounts for a population of 265,962 people at full buildout of the Hayward Planning Area and finds that impacts would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Further, the Housing Element Update does not propose any land use or zoning changes so the land use and population assumptions used in the 2014 General Plan EIR as well as the related conclusions are applicable to the Housing Element Update. All future development would be required to undergo site-specific environmental review and comply with applicable guidelines and regulations including policies and actions outlined in the 2014 General Plan EIR.

The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use that would impact population, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to population and housing.

Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use or otherwise impact population. Policies within the Environmental Justice Element are meant to aid City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 30 areas of the city that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Thus, the Environmental Justice Element is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to population and housing than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.15 Public Services
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes public services on pages 17-1 through 17-42 and concludes that impacts regarding public services would be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to public services. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to public services including the policies and actions from the Hayward General Plan.

Hazards Element Update
The Hazards Element Update is a policy document consistent with the General Plan. The goals and policies in the Hazards Element Update address regional hazards mitigation, seismic and geologic hazards, climate change, flood hazards, rising sea levels, wildland fires, hazardous materials, airport hazards, and noise. Policies within the Hazards Element Update add to the City’s safety measures, protocols, and practices that may lead to a decrease in adverse physical impacts to the City. Thus, Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 31 the Hazards Element Update is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to public services than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.16 Recreation
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes recreation on pages 17-1 through 17-42. impacts to recreation were determined to be less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 32 impacts to recreation facilities. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to recreation including the policies and actions from the Hayward General Plan.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to recreation than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.17 Transportation
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR evaluates transportation impacts on pages 18-1 through 18-44, using level-of-service (LOS) as the methodology and to assess significance. The 2014 General Plan EIR Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 33 determined that additional traffic from the General Plan would result in a considerable contribution to significant transportation impacts. Impacts to Congestion Management Program and Metropolitan Transportation System roadways were determined to be less than significant. Impacts to air traffic, design feature hazards, emergency access, and alternative modes of transportation were determined to be less than significant. Since certification of the EIR and pursuant to Senate Bill (SB) 743, the City of Hayward has adopted VMT as the primary metric to analyze transportation impacts instead of LOS.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to transportation or VMT. All future development consistent with the Housing Element Update would be required to undergo site-specific environmental review and comply with applicable regulations and requirements related to transportation including the policies and actions from the Hayward General Plan.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 34 The Environmental Justice Element, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support health and equity efforts in Hayward. Because it is a policy document, the Environmental Justice Element would not, in and of itself, result in impacts to transportation.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more significant impacts with respect to transportation than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.18 Tribal Cultural Resources
Impacts Identified in the 2014 General Plan EIR
Tribal Cultural Resources was added to the 2016 CEQA Guidelines as a separate environmental issue area. Thus, the 2014 General Plan EIR does not include a chapter or section dedicated to analysis of impacts to tribal cultural resources. However, it does analyze general impacts to historical and cultural resources (including archeological resources that may originate from Native American tribes) in Section 12, Historical and Cultural Resources, and concludes that impacts to historic and cultural resources would be less than significant. Implementation of existing regulations and General Plan policies LU-8.3 (Historic Preservation), LU-8.4 (Survey and Historic Reports), and LU8.13 (Planning Study Considerations) would ensure that archaeological sites and resources, including undocumented human remains and those resources specifically of significance to Native Americans, would be protected, properly documented, and integral to the City’s planning process.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to tribal cultural resources. All future development consistent with the Housing Element Update must undergo site-specific environmental review and comply with all applicable regulations regarding tribal cultural resources including SB 18, AB 52, and the policies and actions from the Hayward General Plan to minimize impacts to tribal and cultural resources.

On May 10, 2022, the City sent SB 18 consultation letters to the Tribal Band of Mission San Juan Bautista, the Carmel Tribe, the Indian Canyon Mutsun Band of Costanoan, the Muwekma Ohlone Indian Tribe of the San Francisco Bay Area, the North Valley Yokuts Tribe, the Ohlone Indian Tribe, the Wuksache Indian Tribe/Eshom Valley Band, the Confederated Villages of Lisjan, and Tamien Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 35 Nation. At the Tribe’s request, the City met with the Confederated Villages of Lisjan on August 3, 2022 to discuss opportunity sites and planned development throughout the City. No additional requests from the Confederated Villages of Lisjan were received after the meeting and consultation was concluded on October 20, 2022. No other tribe requested consultation. No changes were made as a result of consultation efforts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to tribal cultural resources than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 36 5.19 Utilities and Service Systems
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes impacts on utilities and service systems on pages 19-1 through 19-34. This discussion addresses the issues of water supply and delivery, wastewater collection and treatment, and solid waste disposal, recycling, and composting. The 2014 General Plan EIR identifies impacts to utilities and service systems as less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to utilities and service systems. All future development consistent with the Housing Element Update would undergo site-specific environmental review and be subject to adopted development guidelines and other regulatory requirements concerning water, wastewater, stormwater, solid waste, and other infrastructure; water supply; and wastewater treatment systems including the policies and actions from the Hayward General Plan.

Environmental Justice Element
The Environmental Justice Element is a policy document consistent with the General Plan. The goals and policies in the Environmental Justice Element address pollution exposure, public facilities and accessibility, food access, sanitary and safe homes, and disadvantaged communities. The Environmental Justice Update is a policy document that would not propose any changes to land use which would impact utilities. Policies within the Environmental Justice Element are meant to aid areas of the city that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Thus, the Environmental Impacts
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 37 Environmental Justice Element is consistent with the findings in the 2014 General Plan EIR and would not lead to significant impacts.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to utilities and service systems than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

5.20 Wildfire
Impacts Identified in the 2014 General Plan EIR
The 2014 General Plan EIR analyzes impacts related to wildfire on pages 11-1 through 11-24. The 2014 General Plan EIR identifies impacts related to wildfire as less than significant.

The Housing Element Update, in and of itself, does not include a specific project involving a new housing development, but puts forth goals and policies that support housing efforts in Hayward.

Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to wildfire. All future development consistent with the Housing Element Update would undergo site-specific environmental review and be required to comply with applicable regulations and requirements related to wildfire including the policies and actions from the Hayward General Plan.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 38 The Hazards Element Update, in and of itself, does not include a specific project involving development or changes in land use, but puts forth goals and policies that support safety efforts in Hayward. Because it is a policy document, the Hazards Element Update would not, in and of itself, result in impacts to wildfire.

Conclusion
No substantial changes have occurred that require major revisions to the 2014 General Plan EIR.

There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect wildfire than were identified in the 2014 General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR would occur. No new mitigation measures are necessary.

Conclusion
Addendum to the City of Hayward General Plan 2040 Environmental Impact Report 39 6 Conclusion
The City of Hayward, acting as the lead agency, determined that an addendum is the appropriate environmental document under CEQA because the proposed project would not require revisions to the certified 2014 General Plan EIR due to the involvement of new significant environmental effects or substantial increases in the severity of significant effects previously identified in the 2014 General Plan EIR.

There are no changed circumstances or new information that meets the standards for requiring further environmental review under CEQA Guidelines Section 15162. Thus, these circumstances and information would not result in new or more severe impacts beyond what were addressed in the 2014 General Plan EIR and would not meet any other standards under CEQA Guidelines Section 15162(a)(3). No additional analysis is required based on the discussions throughout this addendum.

The proposed Housing Element Update, Hazards Element Update, and new Environmental Justice Element would not involve development in areas not assumed for development in the 2014 General Plan EIR, nor would it result in population growth and density beyond what was analyzed in the 2014 General Plan EIR. The project would not result in significant or substantially more severe impacts that were not discussed in the 2014 General Plan EIR. Also, there are no previously identified significant effects which, as a result of substantial new information that was not known at the time of the previous environmental review, would be substantially more severe than discussed in the 2014 General Plan EIR. Accordingly, no additional CEQA review is required.

CEQA Guidelines Section 15164 states that “[t]he lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” An addendum is therefore appropriate because, as explained above, none of the conditions calling for preparation of a subsequent EIR have occurred.

City of Hayward
Housing Element Update, Hazards Element Update and New Environmental Justice Element 40 7 References

7.1 References
Hayward, City of. 2014. General Plan Update Environmental Impact Report. https://www.haywardca.gov/your-government/documents/planning-documents (accessed November 2022).

7.2 List of Preparers
Rincon Consultants, Inc. prepared this addendum under contract to the City of Hayward. Persons involved in data gathering, analysis, project management, and quality control include the following:

Rincon Consultants, Inc.

Darcy Kremin, AICP CEP, Director
Aileen Mahoney, Project Manager
Antonia Davetas, Environmental Planner

Hayward City CouncilMarch 26, 2024

Hayward City Council
March 26, 2024