Hayward Police Department Year-End Report
1 Universal Residential Design Ordinance
Work Session
September 19, 2024
Housing Policy and Resource Committee
Jeremy Lochirco, Planning Manager
Steve Osborne, Supervising Plan Checker & Expeditor
Jane Kim, Housing Development Specialist
Hayward Police Department Year-End Report
2 Background
• AB 2787 required HCD develop guidelines for
Universal Design (UD) and model Ordinance
• AB 1400 required HCD to develop and adopt
a UD Checklist for cities and developers
• Many cities have adopted different
approaches to the Model Ordinance, Checklist
and accessibility standards
• The proposed UDO for Hayward would only
apply to single-family, duplex or townhome
projects
• Adoption of UDO contained as program in
Housing Element and General Plan
Hayward Police Department Year-End Report
3 Universal Design Ordinance
• The Model Ordinance applies to only single-family, duplex or triplex units (or some combination thereof), except custom built homes, and would not overlap with the scope of the CBC' s accessibility requirements for multi- family developments containing more than three units.
• Would not include larger multi-family projects which are already required to provide accessibility features per the CBC.
• The Model Ordinance provides option for “mandate the install” by the developer (i. e., built in conjunction with a project), or “mandate to offer” for prospective owners who may opt to have features installed at own cost. • CBC requires all “covered units” be designed as `adaptable,’ meaning the units are “designed with elements and spaces allowing the unit to be adapted or adjusted to accommodate the user."
• Adding universal design features proactively is cheaper than retrofits.
Hayward Police Department Year-End Report
4 Universal Residential Design Checklist
• The Checklist is required to be provided by the
developer of any new for-sale residential
housing development to the buyer
• No requirement to submit to the City to track.
• Checklist contains list of universal accessibility
features that would make the home more
accessible and usable for residents
• Cities have adopted different thresholds for
applicability
• Most Checklist components are standard and
get applied to various parts of the house: front
entry, kitchen, bathrooms, etc. based on type
of design components needed by homeowner
Hayward Police Department Year-End Report
5 Visitability
• The concept of “visitability" in new residential construction has been a growing trend nationwide for the past three decades.
• A house is visitable when it meets three basic requirements:
• One zero-step entrance;
• Doors with 32” of clear passage; and
• one bathroom on the main floor
which is wheelchair accessible.
• Home designs depend on topography
• Supports aging in place and helps
minimize residential displacement esp.
in multi-story homes that do not
have an elevator
Hayward Police Department Year-End Report
6 Exceptions and Other Considerations
• Custom Built Homes
• Topography
• Excessive Cost & Delays
• ADU and JADU
• Alteration/expansion of an existing unit
• Reconstruction due to fire or other natural disaster
• Addition or conversion of 4 or fewer units to or within existing structure • Certain housing types for special target populations (Seniors) • Publicly funded projects (NOFA)
• Staff resources needed to administer, monitor and enforce the program
Hayward Police Department Year-End Report
7 Questions
• Should Universal Design be mandatory to install or mandatory to offer? • Should a minimum project threshold be established for projects subject to this Ordinance?
• Should a minimum percentage of units in each development (i.e. 20% total units) be required?
• Should exceptions to this Ordinance be allowed?
• Does Committee support the inclusion of a Visitability requirement? • Should a Universal Design Checklist be required for all new construction or just certain projects (i.e. projects proposing 4 or more units)? • Should the Universal Design Ordinance apply to all single-family, duplex and triplex project types in the City or be limited to special target populations (seniors) and/or projects that obtain public funding assistance from the City?
1 Discussion on the Simplification of the
Tenant Relocation Assistance
Ordinance (TRAO)
Work Session
September 19, 2024 | HPRC
Christina Morales, Deputy Director of Development Services Ayush Patel, Management Analyst I
2 TRAO BACKGROUND
• TRAO adopted on July 14, 2020 to ensure residents had the same protections that were afforded under the TPA
• TRAO has three core components:
1. Permanent Relocation Assistance (no-fault termination)
2. Temporary Relocation Assistance (repairs)
3. Governmental Agency’s Order to Vacate
• Requirements of TRAO have layers of complexities that made the ordinance difficult for stakeholders to understand and for staff to administer • Council included simplification of the TRAO on Strategic Roadmap (HP10) 3 SIMPLIFY PAYMENT STRUCTURE
Change from a complex per diem payment with multiple variables to a flat rate Unit Type Per Diem ~ Proposed Flat Rate* ~ Proposed Flat Rate (Daily) Efficiency $194 $5,810 $190
1-Bed $194 - $226 $6,600 $220
2-Bed $258 $8,050 $270
3-Bed $258 - $290 $10,300 $340
4-Bed $322 $12,230 $410
Because the proposed flat rate provides enough money to find alternative, permanent housing, staff recommend stating that permanent relocation assistance is no longer required when providing temporary relocation assistance. *Estimated value of 3x the FMR
4 CLARIFY RELOCATION ASSITANCE REQUIREMENTS RELATED TO
GOVERNMENTAL AGENCY’S ORDER TO VACATE
For a governmental agency’s order to
vacate, the state-mandated relocation
assistance applies in addition to the
Cities temporary relocation payment
Staff recommends adding an explicit
reference so to clarify that both state
and local laws apply
5 IMPROVE CONISTENCY
Staff recommends modifying timeframes, definitions, and administrative hearings to be consistent with, other City processes, the RRSO, state law, or the Hayward Municipal Code as applicable.
Timeframes
Increase consistency by using “calendar” days
Standardize time for delivering appeal decisions and add additional time for translating decisions
Definitions Add explicit cross reference to defined terms shared by RRSO and TRAO
Administrative
Hearings
Require payment to conduct appeal hearing (allowing for hardship exemptions)
Conduct assessment hearing by request only
6 SUMMARY OF PROPOSALS
Modify the temporary relocation assistance payment from a multi-variable per diem rate to a one-time flat rate of 3x the FMR (prorated if relocation lasts fewer than 30 days) Improve consistency by using calendar days, standardizing timeframes, and maintaining alignment with state law
Implementing a fee for appeal hearings (except in cases of hardship) and modifying assessment process to only conduct hearings upon request consistent with these processes referenced in the HMC
Explicitly stating that in cases of government order to vacate, landlords are responsible for paying relocation assistance required by the TRAO and state law.
Cross referencing defined terms shared by the Residential Rent Stabilization and Tenant Protection Ordinance and the TRAO