FOOD VENDOR. The vending of food or beverages from a movable cart-type stand or vehicle which is located on the same lot as a permitted use in a zone that allows for such operation, and subject to the standards and process set forth in HMC Section 10-2700, General Regulations.
FRONTAGE. See "LOT FRONTAGE."
FURNITURE STORE. An establishment engaged in the retail sales furnishings. These usually include chairs, tables, couches, beds, and accessories for the home. All activities occur within an enclosed structure.
GARAGE. A fully enclosed and covered attached or detached structure accessory to a residential use intended for storage of one or more motor vehicles used by the occupants of the premises; which does not have any permanent obstructions that would prevent vehicles parking within; which has garage doors that are operable; and which does not have rugs, linoleum or other non-fire-resistant coverings on the floor. For purposes of determining the existence of a one or two car garage, the minimum dimensions of an existing single-car garage wherein no permanent obstructions may occur is 10' wide × 19' deep, and the minimum dimensions of an existing double-car garage in wherein no permanent obstructions may occur is 18' wide by 19' deep. For purposes of this ordinance a garage of any dimension shall not be used as a habitable space. Construction of new garages shall have minimum interior dimensions of 11' wide × 19' deep for single-car garages and 20' wide × 19' deep for double-car garages.
GARDEN SUPPLIES STORE. An establishment which provides supplies for gardening at retail. This usually includes flower and vegetable seeds, fresh flowers and vegetable plants, grass sod, soil, and tools, and typically includes a screened-in outdoor display and servicing area.
GENERAL COMMERCIAL DISTRICT (CG). A land use zoning district within which general commercial and retail land uses may develop which provide services for the support of primary business activities in the Central City District. See Section 10-1.1000.
GENERAL REGULATIONS. Specific regulations which apply to all zone districts and to all uses permitted in the districts. The regulations are found in Section 10-1.2700 of this Zoning Ordinance, and are intended to amplify and to supplement district regulations.
GOLF COURSE. A publicly or privately owned area of land laid out for the game of golf with a series of 9 or 18 holes each. Usually includes a club house and maintenance building. May include retail sales relating to golf (pro- shop) and a restaurant/bar.
GRADE. The degree of rise or descent of a sloping surface (also see "SLOPE"). a. Finished Grade. The final elevation of the ground surface after completion of all site preparation work or after development.
b. Existing grade. The ground elevation prior to grading for construction. Where walls are parallel to and within five feet of a sidewalk, the above-ground level grade shall be measured at the sidewalk.
GRANNY OR IN-LAW UNIT. See "SECOND DWELLING, ATTACHED." GREENHOUSE. A permanent enclosed structure for the propagation and growing of plants, constructed with a translucent roof and/or walls.
GROUP HOME. The use of any single-family residence or other dwelling unit on a single lot for a group residence where residents pay a fee or other consideration to the Group Home operator in return for residential accommodations. A Group Home includes a boarding home, a rooming house, as well as a group residence for the elderly, or mentally or physically disabled or handicapped persons, or other persons in need of care and supervision. Each dwelling unit so used shall be considered a single Group Home. The term Group Home includes both licensed and unlicensed Group Homes.
a. Licensed Group Home. A licensed Group Home is any group homeresidential facility subject to State licensing requirements pursuant to the California Health and Safety Code (HSC), implementing State
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regulations, and amendments thereto. Any Group Home which is subject to State licensing requirements shall be treated as an unlicensed Group Home if the facility's license has expired or such license has been suspended, revoked or terminated. Group Homes subject to State licensing requirements including ae the following:
(1) Residential facilities providing non-medical residential care, specifically, any rResidential Community Care Facility (HSC section 1502), a Residential Care Facility for the Elderly (HSC section 1569.2) and aan alcoholism or drug abuse recovery or treatment facility (HSC section 11834.02) as amended..
(2) The following types of Health Facilities (HSC section 1250, specifically, a Congregate Living Health Facility (HSC section 1250 (i)), an Intermediate Care Facility/Developmentally Disabled Habilitative (HSC section 1250 (e), an Intermediate Care Facility/Developmentally Disabled (HSC section 1250(g)), and an Intermediate Care Facility/Developmentally Disabled-Nursing (HSC section 1250(h)) as amended. (1) Small Licensed Group Home. A licensed group home for up to 8 residents, excluding staff. (2) Medium Licensed Group Home. A licensed group home for at least 9 but no more than 14 residents, excluding staff.
(3) Large Licensed Group Home. A licensed home for 15 or more residents, excluding staff. b. Unlicensed Group Home. An unlicensed Group Home is any group home not subject to State Licensing requirements and regulations. Any Group Home which is subject to State licensing requirements shall be treated as an unlicensed Group Home if the facility's license has expired or such license has been suspended, revoked or terminated. the use of a dwelling unit by an owner or operator as a dormitory, boarding house, rooming house or similar use, where such residential facility is not subject to State licensing requirements or whose state license has expired, or has been suspended or revoked. (1) Small Unlicensed Group Home. An unlicensed group home for up to 6 residents, excluding staff. (2) Large Unlicensed Group Home. An unlicensed group home for 7 or more residents, excluding staff.
GUN SHOP. See "FIREARMS SALES."
HARDWARE STORE. An establishment which provides a variety of supplies and materials used for small construction or repair projects, at retail.
HAZARDOUS MATERIAL. A gas, material, or substance capable of posing a risk to health, safety, or property; provided, however, use of hazardous materials contained in consumer-sized containers purchased solely for on- site maintenance activities shall not be considered a hazardous materials use for the purpose of these regulations.
The Fire Chief or his or her designee has the exclusive authority to develop and apply regulations which determine which, if any of the Group A, B, or C and included categories utilized in the Industrial District regulations is applicable to a user of any hazardous materials; such regulations may include reference to federal and state law, standards, and regulations applicable to hazardous materials. The Fire Chief or his or her designee also has the exclusive authority in conjunction with the Planning Division to exclude or reduce the category of prescribed Conditional or Administrative Uses in the Zoning Ordinance when it is found that the quantities are minor or additional mitigations are found to be acceptable.
Hazardous materials which belong to more than one group or category shall be subject to the most stringent regulations. In addition to the following classifications please refer to specific Zoning Districts for hazardous materials land use requirements.
a. Group A. Hazardous materials which include any of the following:
(1) Explosives and blasting agents;
(2) Reactive materials;
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(3) Unstable materials;
(4) Radioactive materials;
(5) Class 3 and 4 oxidizing materials;
(6) Poisonous or highly toxic materials;
(7) Corrosive, poisonous, or unstable gases;
(8) State of California restricted hazardous wastes, including substances classified as extremely hazardous wastes.
b. Group B. Hazardous materials which include any of the following:
(1) Flammable liquids, namely liquids that have a flashpoint below 100° Fahrenheit' (2) Flammable solids;
(3) Class 1 and 2 oxidizing materials;
(4) Flammable or oxidizing gases;
(5) Corrosive materials.
c. Group C. Hazardous materials which include any of the following:
(1) Combustible liquids, namely liquids that have a flashpoint at or above 100° Fahrenheit. (2) Inert gases.
(3) Other regulated materials referred to in the following sources except Group A or B hazardous materials:
i) California Fire Code as adopted by the City of Hayward; ii) 49 Code of Federal Regulations section 173.500, including amendments or successors thereto; and
iii) Hayward Municipal Code Section 3-8.06 except those materials exempted by Hayward Municipal Code Section 3-8.07, including amendments or successors to such provisions.
HEALTH CLUB. An establishment which provides physical fitness equipment, classes, and facilities such as racquetball and tennis courts and/or swimming pools for patrons to use for a fee. (Also see "PHYSICAL FITNESS STUDIO" for a smaller version of this type of facility.) HIGH DENSITY RESIDENTIAL DISTRICT (RH). A land use zoning district which allows the development of multiple-family dwellings at a high density. See Section 10-1.500.
HOME OCCUPATION. Any occupation conducted within the living area of a dwelling unit by persons residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Also referred to as a "Mail and Telephone Business Listing." For purposes of this ordinance, a licensed Group Home shall not be considered a "home occupation." A home occupation shall comply with the following standards:
a. does not display or sell any commodities except those produced on the premises; b. does not use any accessory building, garage, yard space, or activity outside of the dwelling unit; c. does not generate a character and volume of vehicular traffic not normally associated with residential use;
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d. does not involve the use of more than 10 percent or more than 200 square feet of floor area of the dwelling unit, whichever is less;
e. does not display signs or other matter which would indicate a business is operating within the home; f. does not allow for more than two customers/clients to visit the home each day and customers/clients are limited to visiting the house between the hours of 8 a.m. and 9 p.m.; g. where no repair work is permitted;
h. where at least one parking stall is available for guest parking either in the driveway or on the street in front of the residence; if customers/clients visit the premises; i. where no employees, other than residents of the home, come to or work from the home; and j. which requires all applicable building and fire codes to be met.
HOME OCCUPATION - EXPANDED. An expansion of the provisions of or variance to a home occupation as defined above regarding numbers of customers, hours of operation, sale of commodities produced on the premises (excluding sale of guns), and minor repair only.
HOMELESS SHELTER. An institution that provides shelter for individuals and families with no limitation on the length of stay. Such use may also provide meals and supportive social services. May also include Housing Navigation Centers and Emergency Shelters (per Health and Safety Code 50801).
HOMELESS. An individual that meets the definition of homeless as defined by United States Code of Federal Regulations Title 24 Section 578.3, as amended.
HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty-four hours or more. The term "hospital," as used in this title, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts, or other types of cases necessitating confinement of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
HOTEL. A building where lodging with or without meals is provided to the general public for compensation typically on a nightly basis, and where no provision is made for cooking in any individual guest room or suite, and where a maximum continuous length of stay is no longer then that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code, but shall not include institutions where human being are detained under legal restraint.
Extended Lodging Facilities, where kitchens, kitchenettes or other cooking facilities may be permitted within individual guest rooms, are allowed in any Zoning District where Hotels are permitted, subject to the following standards:
a. Each guestroom shall be provided with voicemail, dataports, desk, color television, alarm clock or wake up service. Irons and ironing boards must also be made available to guests upon request. b. Self-service laundry facilities shall be accessible to all guests. c. Recreational facilities such as pool, whirlpool/spa/ and/or fitness room shall be provided. d. A 24-hour per day on-site supervisor shall be provided. e. Housekeeping services including cleaning and linen service shall be offered on a regular basis to every guestroom.
f. Extended Lodging Facilities cannot be used for long term occupancy (i.e. apartments, care facilities, boarding houses, etc.). Leases of any duration are prohibited.
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g. Extended Lodging Facilities may have a maximum continuous length of stay no longer than that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code.
HOUSEHOLD PETS. See "PETS, HOUSEHOLD."
HOUSING FOR INDIVIDUALS WITH DIASBILITIES. Any housing intended to benefit, in whole or in part, persons identified as having functional needs relating to any of the following:
a. Mental health
b. Physical disabilities.
c. Developmental disabilities, including, but not limited to, intellectual disability, cerebral palsy, epilepsy, and autism.
INDUSTRIAL EQUIPMENT SALES RENTAL AND SERVICE. An establishment which provides industrial equipment and related commodities to the public for sale or rental, and servicing of that equipment. Such equipment may include large scale vehicles, large truck and trailer rigs, fork lifts, conveyor belts, and loading dock facilities.
INDUSTRIAL HEMP or HEMP. An agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
INDUSTRIAL/VOCATIONAL TRADE SCHOOL. A trade school that provides specialized training of skilled labor including plumbing, carpentry, truck driving, mechanics, machine operations, computer repair, tool and dye, and similar technical schools. This definition excludes beauty/barber schools, business schools, or degree programs.
JEWELRY STORE. An establishment which provides jewelry, watches, gemstones, and other related commodities to the public for sale at retail. Typically includes jewelry and/or watch repair and cleaning services.
KENNEL. A lot, building, structure, enclosure or premises where one or more dogs, cats, or other household pets are kept for commercial purposes, including boarding, breeding of more than one litter per year and/or a litter every year, sale of goods or animals, or the rendering of services for profit. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets and/or maintained by an animal fancier, shall not be deemed and considered a commercial kennel, provided they are less than one litter per year and litters do not occur every year.
KITCHEN. A definable area or room for food preparation, typically consisting of a permanent cooking appliance for use in food preparation, a refrigerator, cabinets, and a sink, usually in close proximity to one another.
LANDSCAPING. An area devoted to or developed and maintained predominantly with native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.
LIMITED ACCESS COMMERCIAL (CL). A land use zoning district within which commercial uses may develop which normally tend to locate apart from standard commercial areas or service industries, or uses on highways of major importance. See Section 10-1.1200.
LIQUOR STORE. "Liquor store" shall mean any alcoholic beverage sales establishment primarily involving the sale of alcohol where beer, wine or distilled spirits are sold for off-sale consumption and where more than five (5) percent of the floor area of the establishment is devoted to the sale, display or storage of beer, wine or distilled spirits. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.
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LIVESTOCK. Domesticated farm animals kept for use or profit (See Section 10-1.2735.e. for regulations of livestock) and further defined as follows:
a. Large Livestock. Horses, cattle, llamas, or similar large animals, as determined by the Planning Director. b. Medium Livestock. Sheep, goats, and pigs, or similar medium animals, as determined by the Planning Director.
c. Small Livestock. Hens, ducks, pigeons, rabbits and other similar small animals, as determined by the Planning Director, totaling five (5) or more such animals on a property.
LIVE/WORK. An integrated housing unit and working space occupied and used by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes complete kitchen space and sanitary facilities in compliance with the Building Code; and working space reserved for and regularly used by one or more occupants of the unit.
LOT. A recorded parcel of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classification of lots are as follows:
a. Average Lot Width. The mean horizontal distance between the longest lot lines of lots having regular geometric design, such as rectangular and parallelogram lots, and in the case of lots of irregular design, shall mean the diameter of the largest horizontal circle inscribable completely within lot boundaries. b. Corner Lot. A lot at the intersection of two or more streets which has an angle of intersection of 135° or less. Where the angle of intersection exceeds 135°, the area abutting the two streets shall be a front yard.
c. Flag Lot. A parcel of land where the buildable portion of the lot is via a narrow extension of the lot (access strip) to a public or approved private street, utilizing a private or privately shared travelway.
The area within an access strip shall not be counted as part of the lot area of either the front or rear lot for purposes of complying with minimum lot area requirements.
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d. Interior Lot. A lot other than a corner lot.
e. Lot Coverage. The area of a lot enclosed by exterior walls or similar roof-supporting devices of all structures, including accessory structures and patio covers. f. Lot Depth. The average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line. In instances of a cul-de-sac where the front lot line is curved, the lot depth shall be measured off a drawn line which connects the two side lot lines that intersect the cul-de-sac.
g. Lot Frontage. The common property line of a lot and the right-of-way line of a street. h. Lot Line. Any boundary of a lot. The classifications of lot lines are:
(1) Front. A line separating the lot from the street right-of-way. In the case of a corner lot, the owner may designate the front lot line of said lot at the time of initial construction of the primary use. (2) Rear. The lot line which is opposite and most distant from the front lot line; and in the case of an irregularly shaped lot, a line 10 feet in length within the lot, and any line closest to being parallel to and at the maximum distance from the front lot line. In the case of a corner lot, the rear lot line is opposite the front property line unless the Planning Director determines otherwise where there is a reasonable alternative.
(3) Side. Any lot line not a front lot line or a rear lot line. i. Lot Size (or lot area). The total horizontal area within the lot lines of a lot, with the exception of flag- shaped lots where the lot area shall be calculated excluding the stem of the lot.
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j. Rear Lot Coverage. The area of a required rear yard enclosed by exterior walls or similar roof- supporting devices of all structures, including accessory structures and patio covers. k. Through Lot. A lot having frontage on two approximately parallel streets.
l. Zero Lot Line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.
LOW BARRIER NAVIGATION CENTER. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
b. Pets.
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
MAILING OR FACSIMILE SERVICE. An establishment which provides postal services and a facsimile machine available to the public for a fee. Typically includes packaging and weighing facilities, and may include related copy work or wrapping paper and greeting cards for sale at retail as an ancillary use, as well as internet access as an ancillary use. Under no circumstance, as a primary, permitted or accessory use, shall any Mailing or Facsimile
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Service be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
MANUFACTURED HOME. A factory built or manufactured home including mobile homes, as permitted by State of California and Federal laws. A manufactured home is synonymous with the definition of a "single family dwelling."
MANUFACTURING. Establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, human-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Instruction, direct sales, or on-site consumption are incidental to the manufacturing operation. Toxic, hazardous, or explosive materials produced or used in conjunction with the manufacturing process are subject to use permits based on type and quantity of hazardous materials storied, utilized or generated by the manufacturing process (see "HAZARDOUS MATERIALS"). All impacts generated by manufacturing activities related to noise, gas, odor, dust, or vibration shall conform to the performance standards contained within the Industrial District regulations and other applicable local, state and federal regulations. a. Custom Manufacturing. Establishments engaged in the on-site assembly of hand-fabricated parts, or engaged in the on-site hand manufacture or hand fabrication of custom or craft goods. Goods are predominantly manufactured and fabricated involving the use of hand tools or domestic-scaled mechanical equipment and kilns not exceeding 20 square feet in size. Typical uses include ceramic studios, fabrics, inlays, weaving, leather work, woodwork, metal or glass work, candle making, small batch food manufacturing, or custom jewelry. For beer and alcohol production, see BREWERY/MICRO- BREWERY and DISTILLERY.
b. General Manufacturing. Establishments engaged in manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. This classification includes manufacturing for biomass energy conversion, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood/paper products, glass products, chemical products, medical/pharmaceutical products, refining, plastics and rubber products, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
c. Light Manufacturing. Establishments engaged in food manufacturing and manufacturing of products and finished parts primarily from prestructured materials or components by means of physical assembly or reshaping and does not produce or utilize in large quantities as an integral part of the manufacturing process, toxic, hazardous, or explosive materials. Because of the nature of its operation and products, little or no noise, odor, vibration, glare, and/or air or water pollution is produced.
MARIJUANA. See "CANNABIS".
MARKET. See "SUPERMARKET."
MARTIAL ARTS STUDIO. An establishment where martial arts classes, private lessons, and demonstrations are provided to the public for a fee.
MASSAGE PARLOR. An establishment where body massage is provided to members of the public for a fee.
Refer to Chapter 6, Article 10 of the Hayward Municipal Code for regulations.
MEDIA PRODUCTION. Facilities for motion picture, television, video, sound, computer and other communications and media production. Use includes incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This classification may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.
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MEDICAL CANNABIS or MEDICAL CANNABIS PRODUCT. Cannabis or a cannabis product, respectfully, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medical cannabis patient in California who possesses a physician's recommendation.
MEDICAL MARIJUANA. See "MEDICAL CANNABIS".
MEDICAL/DENTAL LABORATORY. A facility which custom manufactures and distributes false teeth, dental crowns, braces, and other related dental equipment to dentists.
MEDIUM DENSITY RESIDENTIAL (RM). A land use zoning district which primarily allows the development of multiple-family dwellings at a set density and in a suitable environment for family life in areas where a compatible mingling of single-family and multiple-family dwellings is possible. See Section 10-1.400.
MICRO-BREWERY. A retail establishment where alcoholic beverages are produced and sold for consumption either on or off premises. Tasting alcoholic beverages may be included as an accessory use, but the micro-brewery cannot operate as a bar. Refer to Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations.
MICROBUSINESS. A commercial cannabis business holding a license issued by the State Bureau of Cannabis Control for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer pursuant to Business and Professions Code Sections 26050 and 26070.
MISSION BOULEVARD RESIDENTIAL DISTRICT (MBR).
Note(s)—Repealed by Ordinance 11-12, Adopted October 11, 2011.
MOBILE HOME. Same as "Manufactured Home," but subject to the National Manufactured Housing Construction and Safety Act of 1974.
MOBILE HOME PARK (MH). A land use zoning district designed for, used or intended to be used for the parking and occupancy of two or more mobile homes for dwelling or sleeping purposes. See Section 10-1.700.
MORTUARY. An establishment engaged in the preparation of human bodies and the arrangement and holding of funeral services prior to burial or final disposition. For the purposes of this Ordinance, a mortuary may include a crematory.
MOTEL. A group of attached or detached buildings containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit where a maximum continuous length of stay is no longer than that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code.
MULTIPLE-FAMILY DWELLING. See "DWELLING, MULTIPLE-FAMILY." MUSIC STORE. An establishment which sells musical instruments, sheet music, and related commodities to the public at retail. Typically includes repair of musical instruments.
MUSIC STUDIO. An establishment which provides music classes and private music lessons to the public for a fee. Typically involves piano lessons and/or guitar lessons, both acoustical and amplified, and includes occasional music recitals by the studio students.
NAIL SALON. An establishment which provides nail manicures and pedicures to the public at retail for a fee.
Does not include massage or tanning services.
NEIGHBORHOOD COMMERCIAL DISTRICT (CN). A land use zoning district which is carefully located in areas throughout the City in relationship to other commercial districts and in relationship to nearby residential districts.
Land uses created in the CN district are general commercial and retail uses which provide convenience goods and services purchased frequently, serving nearby residences. See Section 10-1.800.
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NEIGHBORHOOD COMMERCIAL - RESIDENTIAL DISTRICT (CN-R). A land use zoning district with a mix of neighborhood serving businesses and residences along portions of certain arterials in order to provide options for housing with ready access to shops and transit. See Section 10-1.900.
NIGHT CLUB. See definition for "Bar". Any night club that permits dancing or live entertainment on a regular basis must obtain a cabaret license as required by Chapter 6, Article 2 of this Code. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.
NONCONFORMING, ILLEGAL. A structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Ordinance.
NONCONFORMING LOT. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Ordinance.
NONCONFORMING STRUCTURE. A structure which conformed to applicable laws when constructed but does not conform to the provisions of this Ordinance.
NONCONFORMING USE. A use complying with applicable laws when established but does not conform to the provisions of this Ordinance.
NUISANCE. An activity or land use which is determined to be detrimental or incompatible with adjacent properties, adjacent property owners or users, or the general public. Refer to Section 10-1.150.
NURSERY, PLANT. An establishment which grows flowers, shrubs, and trees and provides them for sale at retail to the public. Typically includes related items such as seeds, bulbs, pots, potting soil, etc.
OFFICE. An establishment where services are performed for predominately administrative, professional, medical, dental or clerical operations that function as a place of business for any of the following: accountants, architects, attorneys, bookkeeping services, brokers, corporate offices, drafting services, dentists, doctors, financial institutions, development companies, engineers, surveyors and planners, insurance agencies, interior decorators and designers, landscape architects, psychiatrists, psychologists, notaries, typing and secretarial services, therapists, and internet publishing, broadcasting, and web search portal establishments, and other similar businesses and professions, not otherwise specifically defined in this Code. This use classification also includes software and internet content development and publishing; computer systems design and programming; data processing or call centers; facilities that broadcast exclusively over the Internet and have no live, in-building audiences participating in such broadcasts; and computer, technical, and informational services. Under no circumstance, as a primary, permitted or accessory use, shall any Office be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.) OPEN SPACE. Open space areas and recreational amenities providing gathering space or opportunities for active or passive recreation. This is further defined as follows:
a. Common Use Open Space. An on-site, indoor or outdoor recreational area accessible to all residents.
The space shall not include the required front or side street yard, off-street parking areas, driveways, service areas, or areas of more than 5 percent slope. (Refer to appropriate sections of this ordinance for specific requirements.) For residential or mixed-use buildings, open space can be provided at grade, on podium or rooftop, or indoors.
b. Private Open Space. An on-site recreational area directly accessible only to one residential unit from a living and non-service area, which is not more than four feet above or below the floor level. The space shall not include the required front or street side yard, areas devoted to off-street parking, driveways, or service, or areas of more than 5 percent slope. (Refer to appropriate sections of this ordinance for specific requirements.)
OPEN SPACE/PARKS AND RECREATION DISTRICT (OS). A land use zoning district intended to promote and encourage a suitable environment devoted to parks, recreation, floodplain or passive or active open space uses for
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the enjoyment of all members of the community. The OS District may be used to preserve and protect land areas of special or unusual ecological or geographic interest. See Section 10-1.2200.
PAINT/WALLPAPER STORE. An establishment which provides paint, wallpaper, and related commodities to the public for a fee. Typically includes installation services.
PALM READING SERVICE. An establishment which provides psychic services, such as palm reading and fortune telling, to the public for a fee.
PARCEL. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.
PARKING. A parking area which provides the required parking for a use in accordance with the City of Hayward Off-Street Parking Regulations (Chapter 10, Article 2, Hayward Municipal Code). The following definitions relating to parking are also provided:
a. Covered Parking. Parking space(s) which are contained within a carport or garage. b. Parking Lot. An off-street area, whether open or enclosed, other than a showroom or sales lot, used to store motor vehicles on a daily basis, but not including the storage of dismantled or wrecked motor vehicles or parts thereof. A parking lot may be commercial, public, or private. c. Off-Street Parking. Parking stalls provided beyond the right-of-way of a street or highway. d. Off-Street Parking Space. Refer to the definition contained in the City of Hayward Off-Street Parking Regulations (Chapter 10, Article 2, Hayward Municipal Code). e. On-Street Parking. Parking stalls provided within the right-of-way of a street or highway. f. Open or Uncovered Parking. Parking space(s) which are not contained within a carport or garage.
PASSENGER TRANSPORTATION TERMINAL. A facility which provides a loading, transfer, or drop-off point for public transportation (i.e., Amtrak, BART, Greyhound, and airport.) For single passenger pick-up and drop-off, refer to "Taxi Company."
PAWN SHOP. An establishment which provides monetary exchange for collateral, typically personal items such as watches, jewelry, musical instruments, weapons, etc., after which the collateral item is returned to its owner after the money is repaid. Typically includes a fee and retail sales of unclaimed items.
PAYDAY LOAN FACILITIES. An establishment primarily engaged in the business of advancing funds to customers in situations where the customer uses his or her entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.
PERMITTED USE. A specified use allowed in a land use zoning district and subject to the provisions applicable to that district. For all residential uses, this shall mean the same as “Use by Right” as defined in Government Code Section 65583.2(i), as amended.
PERSON. Any individual, business, company, corporation, both public and private, association, political or governmental subdivision or unit, or other group acting as a unit or entity.
PET GROOMING SHOP. An establishment which provides a grooming service of household pets to the public for a fee. Typically includes washing, hair trimming, and temporary boarding of animals being groomed (i.e., less than 24 hours).
PET STORE. An establishment which provides pets and pet supplies to the public for sale at retail. Pets for sale typically include dogs, cats, fish, reptiles, hamsters, birds, etc., and may include exotic pets, such as parrots, pot bellied pigs, and iguanas. Pet supplies usually include food, cages, leashes, etc. May include ancillary pet grooming.
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PETS, HOUSEHOLD. Small animals ordinarily and customarily domesticated and permitted in a dwelling and kept for company or pleasure and not for profit, including the following subcategories:
a. Traditional Household Pets. Dogs, cats, canaries, parakeets, fish, domestic mice, rats, guinea pigs, potbelly pigs, up to four (4) rabbits, or similar animals, as determined by the Planning Director. The keeping of more than four cats or dogs requires an "Animal Fancier's Permit" from the City Animal Control Officer.
b. Other Household Pets. Hens, ducks, pigeons and other similar small animals, as determined by the Planning Director, where the total number on a property does not exceed four (4) of such animals.
Other Household Pets are subject to approval of a Zoning Conformance Permit based on consistency with the standards prescribed in Section 10-1.2735 of the Hayward Municipal Code.
PHOTOGRAPHIC SUPPLY STORE. See "CAMERA STORE."
PHOTOGRAPHY STUDIO. An establishment where a professional photographer takes posed pictures of people for a fee at retail. Does not include retail sales of photographic supplies, except for picture frames and picture albums.
PHYSICAL FITNESS STUDIO. An establishment which provides physical exercise classes and/or personal one- on-one physical fitness training. Typically includes a weight room and/or an aerobics dance class room. Does not include facilities typically of the large health clubs, such as showers, a pool, racquetball or tennis courts.
PLANNED DEVELOPMENT DISTRICT (PD). A land use zoning district which permit a combination of land uses planned for a single tract of land to be developed as a unit according to a specific development plan approved by the City which result in efficient and attractive utilization of land in order to preserve open space areas, topographical features, ridge tops, and tree clusters. This district also permits the creation of a site-specific project which provides a mix of housing types as well as nonresidential development. See Section 10-1.2500.
PLANNING COMMISSION. The Planning Commission of the City of Hayward, California.
PLANNING DIRECTOR. The Director of the Community and Economic Development Department of the City of Hayward, California. This includes his or her staff members as appointed to represent him or her.
POINT OF BUSINESS SALE. An establishment which provides retail sales of commodities via internet, telephone, facsimile, and/or mail, with less than 10 percent of gross annual sales attributable to direct and physical customer contact on-site.
PREMISES. A continuous area of land and any structures thereon all under a single ownership or operation under a single direction, which premises may include one or more adjacent lots, or fractions of lots.
PREMISES. The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
PRIMARY USE. The principal or predominant use of any lot, building or structure.
PSYCHIATRIC AND REHABILITATION CARE FACILITY. Mental health programs providing 24-hour psychiatric and rehabilitation care including Mental Health Rehabilitation Centers (MHRCs), Psychiatric Health Facilities (PHFs) and Psychiatric Residential Treatment Facilities (PRTFs) and that are licensed by the Mental Health Licensing Branch of the California Department of Health Care Services.
PUBLIC AGENCY FACILITIES. Facilities, structures and accessory uses which house public agencies such as federal, state, or local government, and other agencies such as utility and telephone companies governed by the Public Utilities Commission.
PUBLIC PARK/PUBLIC GATHERING. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City which is under the control, operation or management of the City of Hayward, Hayward Area
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Recreation District, Alameda County, the East Bay Regional Park District, the State of California or Federal Government. For private golf course, see "GOLF COURSE, COUNTRY CLUB." PUBLIC FACILITIES DISTRICT (PF). A land use zoning district within which typical land uses include public government buildings, public libraries, public community centers, and public parking lots, whether a fee is charged or not. See Section 10-1.2300.
QUARRY. Any premises from which any rock, sand, gravel, earth, or mineral is removed or excavated for the purpose of disposition away from the immediate premises, whether the disposition is immediate or in the future, and excepting excavations within public roads and highway rights-of-way.
RADIO TRANSMISSION TOWER. See "ANTENNA."
RAILROAD YARD. A facility where railroad cars and engines are stored, repaired, and transferred to different trains. Also includes a freight station where items carried by train are transported onto and/or from trucks for transport. Also see "PASSENGER TRANSPORTATION TERMINAL." RECREATIONAL FACILITY. Those facilities maintained to provide a pastime, sport or exercise as a means to refresh one's body or mind, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses. May be a commercial or non-commercial facility. Under no circumstance, as a primary, permitted or accessory use, shall any Recreational Facility be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
RECREATIONAL VEHICLE. A vehicle primarily designed as temporary living quarters for recreational, camping, or travel use.
RECREATIONAL VEHICLE (RV) STORAGE FACILITY. A parcel or group of contiguous parcels upon which two or more recreational vehicles, camper trailers and boats may be stored for a fee when not in use.
RECYCLING FACILITIES.
a. Small Recycling Collection Facilities/Recycling Collection Area. Small recycling facilities shall be incidental to a primary use on the site (i.e. shopping center). Accepts recyclable non-hazardous materials directly from the public by donation, redemption, or purchase at facilities no greater than five hundred (500) square feet in area and that generally do not use power-driven processing equipment. May include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials (such as aluminum, glass, plastic, and bimetal for recycling). Small Recycling collection facilities may not process material except for limited bailing, batching, and sorting of materials. b. Large Recycling Collection Facilities. A facility accepting recyclable non-hazardous materials by donation, redemption, or purchase at facilities occupying an area greater than five hundred (500) square feet and that is not incidental to a primary use. Large Recycling Collection Facilities may use power driven equipment to sort and condense material for shipment to an intermediate processor or other user. Processing of materials is limited to sorting, bailing or similar activities and shall occur within an enclosed building. Storage of materials shall occur within an enclosed building or in sealed and covered containers outside of a building, subject to the Outdoor Storage screening requirements. c. Recycling Processing Facilities. A facility that operates within an enclosed building used for the collection, processing and storage of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, composting and remanufacturing. Processing outside of a building is prohibited.
RECYCLABLE MATERIALS. "Recyclable materials" or "recyclables" are discarded materials that are collected, separated, composted, and processed and that can be used as raw materials in the manufacture of new products
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and/or materials used as alternative daily cover as defined and permitted by the State of California. Recyclable materials are collected and treated in a manner different from Refuse.
REFUSE. Waste material intended for disposal and including: (1) non-putrescible wastes, whether in solid or liquid form, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service; and (2) rubbish (such as non-recyclable materials).
RELIGIOUS FACILITY. Those facilities maintained by a tax-exempt religious institution, a government agency, or other non-profit organization exempt from taxation under the Internal Revenue laws as an organized system of belief in or the worship of God or gods or an institutionalized system of religious attitudes, beliefs and practices, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses.
RENEWABLE ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION. Facilities engaged in generating electric power from renewable resources or operating power transmission systems for renewable energy, including electrical lines, transformer stations, and meters. This definition does not include ancillary renewable energy systems associated with a primary industrial use. See also WIND ENERGY CONVERSION SYSTEM.
RESEARCH AND DEVELOPMENT. A facility engaged in conducting research and development to gain or apply scientific knowledge for product/process creation. Includes commercial testing and experimental laboratory environments. Subject to Hazardous Materials Use and Storage limitations.
RESIDENTIAL NATURAL PRESERVATION DISTRICT (RNP). A land use zoning district within which topographic configuration is a major consideration in determining the most appropriate physical development of the land. This district primarily allows the development of single-family homes only where they are subservient to and compatible with the preservation of major natural features of the land. See Section 10-1.300.
RESIDENTIAL-OFFICE (RO). A land use zoning district which allows the mix of office land uses with residential, the scale and form of which does not detract from adjacent or future residential land use in the same zone. See Section 10-1.600.
RESTAURANT. Any establishment, other than a boarding house or dormitory, where food and beverages are provided for consumption on-premises or off-premises, and where typically, but not necessarily, there are tables, counters, benches, or other public seating facilities provided, or where food is taken off-premises, disposal containers are provided. Examples include a sit-down dining facility, fast-food restaurant (no drive-through window), donut shop, pizza shop, cafe, bakery, cafeteria, coffee shop, lunchroom, delicatessen, and ice cream parlor. The serving of alcoholic beverages is subject to the regulations in the "Alcohol Beverage Outlets" regulations, Section 10-1.2750 of this Ordinance.
RESTAURANT—DRIVE-THROUGH. Any high-volume establishment serving food or beverages which utilizes a building design, site layout, or operating procedure whereby customers can drive onto the premises and remain in their vehicles while food or beverages are sold or dispensed. For regulations of drive-through restaurants see the "Drive-in Establishments-Special Standards and Conditions" contained in the Design and Performance Standards of various Sections of this Ordinance, including Sections 10-1.800 and 10-1.1000.
RETAIL. The sale of commodities or goods to ultimate consumers. This definition does not include AUTOMOBILE SALES for new and used vehicles.
REVERSE VENDING MACHINES. A mechanical device which accepts one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip. "Bulk reverse vending machines" are those machines which exceed 50 cubic feet in size or exceed 8 feet in height. See Section 10-1.2735.i. "RECYCLING FACILITIES." RIDING STABLE OR ACADEMY. A facility where individuals board their horse(s) and or where horseback riding classes are taught. Typically includes public demonstrations, such as dressage or other equestrian events. Does not include any contest(s) resembling a rodeo (i.e., bronco riding, calf roping, and/or steer wrestling.)
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(Supp. No. 22, Update 1)
RIGHT-OF-WAY. A strip of land used acquired by reservation, dedication, prescription or condemnation and intended to be used or occupied by a road, trail, water line, sanitary sewer and/or other public utility services and uses, or any combination thereof, and includes all and any part of the entire width or other area of designated right-of-way, whether or not such entire width or area is actually used. Right-of-way includes access, pedestrian, equestrian and utility easements. The following sub-definitions are provided:
a. Public right-of-way. A right-of-way owned by the City or any other public entity or public utility. b. Private right-of-way. A right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and which no improvements or maintenance has regularly been performed by the city or other public entity.
c. Railroad right-of-way. A strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities.
ROOF STYLE.
a. Flat: A roof that is almost level, with no significant slope (pitch) in any direction. Most flat roofs have a very gentle slope for rainwater run-off.
b. Gable: A gable roof is one where only two opposite sides (usually the longer sides) slope, with walls that extend all the way to the top of the roof ridge in a triangular shape. c. Gambrel: A gambrel roof is a symmetrical two-sided roof with the longer sides having two segments at different pitches.
d. Hip: A hip roof (or hipped roof) is one where all four sides slope.
SAFE PARKING. A parking program managed and operated on an existing parking lot which provides individuals and families with vehicles a safe place to park and sleep in their vehicles overnight. See “VEHICLE.” SETBACK. The required distance that a building, structure, parking or other designated item must be located from a lot line.
SHOE REPAIR SHOP. An establishment which repairs, shines, and polishes shoes. Typically includes machinery necessary to repair shoes, and may include retail sales of shoes.
SHOPPING CENTER. A continuous area of land under single ownership or operated under a single direction, developed for retail and general commercial purposes, and typically has at least one major tenant and several smaller shops. Typically has driveways and parking facilities which are shared between tenants.
SIGN SHOP. An establishment which produces general advertising signs of various shapes and sizes for sale at retail.
SINGLE ROOM OCCUPANCY (SRO). A building consisting of sleeping units that are the primary residence of its occupants.
SLEEPING UNIT. A single unit that provides rooms or spaces for one or more persons, includes permanent provision for sleeping and can include provisions for living, eating and sanitation. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
SLOPE. The formula for calculating slope shall be as follows:
S = (I × L ×: 100)/A
S = Average existing slope in percent for the portion of the site or lot to be developed I = Contour interval in feet
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L = The combined length in feet of all contour lines within the portion of the site or lot to be developed A = Total area in square feet of the portion of the site or lot to be developed The total area within a site or lot that is proposed to be graded and/or covered with structures shall be included in the slope calculation. Areas proposed to be left undisturbed shall not be included.
SPECIAL DESIGN OVERLAY DISTRICT (SD). A zoning overlay which promotes the conservation and compatibility of development in areas of historic or architectural character and has specific architectural requirements for new development which enhances these resources. This District is comprised of the following Subdistricts:
a. "B" Street Special Design Streetcar District (SD-1). b. Mission Corridor Special Design District (SD-2).
c. Cottage Special Design District (SD-3).
SPECIAL LOT STANDARDS COMBINING DISTRICT (B). An overlay zone which depicts specific development standards for the zoning district it is combined with. See Section 10-1.2400.
SPORTING GOODS STORE. An establishment which sells sporting goods to the public at retail. Typically includes sports equipment (i.e., balls, bats, tennis rackets, golf clubs, skis and ski poles), and may include related clothing (i.e., tennis shoes for running, walking, basketball, etc., and sweat pants, shorts, shirts, and hats.) May also include the ancillary sale of used sporting goods.
STATION AREA RESIDENTIAL DISTRICT (SAR).
Note(s)—Repealed by Ordinance 11-12, Adopted October 11, 2011.
STATIONARY STORE. An establishment which sells office-related products to the public at retail. Products typically includes paper products, calendars, pens and pencils, and may include small office equipment, such as filing cabinets, brief cases, and calculators. Usually includes the sale of greeting cards, wrapping paper, photo albums, picture frames, globes, maps, and other related products.
STORAGE. A space or place where goods, materials and/or personal property is put for more than 24 hours.
The following subdefinitions are provided:
a. Minor Open Storage. Outside storage that is accessory or ancillary to the primary or conditional use conducted on the site, which shall not exceed 25 percent of an open yard area, excluding any required yard or parking area.
b. Public Storage Facility. A space or place within an enclosed building where goods, materials, and/or personal property may be put for more than 24 hours for a fee. Typically includes a manager's dwelling unit and customer parking.
c. Recreational Vehicle Storage Facility. See definition for "Recreational Vehicle (RV) Storage Facility." STORAGE YARD. Outdoor storage of goods, materials, equipment as well as storage of operating equipment for warehouses such as forklifts, pallets and racks outside of a building for more than 24 hours as a primary use.
This classification excludes auto-related outdoor storage uses otherwise defined in this section such as AUTOMOBILE STORAGE YARD, AUTOMOBILE DISMANTLING FACILITY and TOWING YARD.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused underfloor
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space shall be considered as a story. A mezzanine or loft that covers a portion of the floor below still constitutes a story.
STREET. A publicly maintained right-of-way for use as a public thoroughfare by the public at large, or a private street, provided said private street has been approved by the City Council.
STREET TREE. A tree located within the right-of-way, often within a sidewalk well.
STRUCTURAL ALTERATIONS. Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
STRUCTURE. Anything constructed or erected, except fences not exceeding six feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
SUBDIVISION. The division of land as regulated by the Subdivision Ordinance, Article 3, Chapter 10, of the Hayward Municipal Code.
SUBDISTRICT. A subcategory of a primary zoning district.
SUNTAN PARLOR. An establishment which provides tanning facilities for use by the public for a fee.
SUPERMARKET. An establishment which does retail sales of food, beverages, drugs, variety items, and similar goods. May include an automated teller machine or related financial facility.
TAILOR/SEAMSTRESS SHOP. An establishment which sews, alters, and/or mends clothing and costumes for the public for a fee. Typically includes sewing machines and sewing notions for use by the proprietor.
TANNING SALON. See "SUNTAN PARLOR."
TATTOO PARLOR. An establishment which provides a tattooing service to customers. May include body piercing as an ancillary use.
TAVERN. See "BAR, COCKTAIL LOUNGE."
TAXI COMPANY. An establishment which provides vehicle rides to the public for a fee. Typically includes automobile and/or van rides, for single passenger pick-ups and drop-offs. Minor automobile repair of vehicles used by the proprietor is permitted on-site (i.e., oil change, tune-ups).
TEMPORARY USE. A use established for a specific period of time, with the intent to discontinue the use at the end of the designated time period. Example includes retail sidewalk or tent sales. For animals, "temporary use" shall mean the keeping of animals for specified periods of time either following birth, for purposes of recovery by no-profit breed rescue organizations, or other reasons as determined by the Planning Director.
THEATER. A building or outdoor structure where films, motion pictures, video cassettes, slide or similar photographic reproductions are regularly shown, or an establishment regularly featuring live performance of dramatic productions, for any form of consideration.
a. SMALL MOTION PICTURE THEATER. An establishment having two (2) or fewer screens or less than two hundred (200) seats.
b. LARGE MOTION PICTURE THEATER. An establishment having three (3) or more screens or two hundred (200) or more seats and showing first run films. Large Motion Picture Theaters are also referred to as multi-plex or multi-screen theaters.
c. LIVE PERFORMANCE THEATER. An establishment having one or more stages and featuring live or dramatic productions.
THRIFT STORE. An establishment engaged in the retail sales of used or donated goods (including clothing, furniture, appliances, etc.).
TOY STORE. An establishment which sells toys and games to the public at retail.
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TRAILER. A vehicle without motor power used or adaptable for living, sleeping, business or storage purposes, having no function other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character unless the entire structure is erected and maintained in accordance with prevailing laws.
TRANSITIONAL AND SUPPORTIVE HOUSING. Transitional and supportive housing are more permanent housing options providing a more stable living situation for individuals and families that might otherwise be homeless with stay lengths that are typically six months or longer. Transitional and supportive housing uses are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
TRAVEL AGENCY. See "OFFICE."
TREE LINE. An intact assemblage of trees connected to a larger forested area as defined on a property survey prepared by a Licensed Land Surveyor. This does not include small groupings or individual trees that are not connected to the larger forested area.
TRIANGLE OF VISIBILITY. The area formed at a corner intersection of two property lines whose two sides are 30 feet measured along the property lines and whose third side is a line connecting the two sides, as illustrated below. See also Hayward Traffic Code, Sections 9.01 through 9.05, as amended from time to time.
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TRUCK TERMINAL. A facility which provides a transfer, loading, and unloading point for trucks and automobiles carrying goods and products. Typically includes fuel and food facilities.
UNATTENDED COLLECTION BOXES. Unattended collection box shall mean any unattended container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing and other salvageable personal property. See General Regulations "Recycling Facilities" for specific regulations.
UPHOLSTERY SHOP. A facility which re-upholsters household furnishings of all types (i.e., couches, chairs, footstools, pillows, etc.), for a fee (does not include automobile upholstering).
USE. The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.
USE PERMIT. A land use permit termed a "discretionary entitlement" to operate a specified land use on a given parcel. Usually an activity or business. The following subcategories of use permit are provided:
a. Administrative Use Permit. A Use Permit issued administratively by the Planning Director or his or her appointee. An Administrative Use Permit is typically subject to exactions and conditions of approval. b. Conditional Use Permit. A Use Permit issued by the Planning Commission or City Council through a public hearing process. A Conditional Use Permit is typically subject to exactions and conditions of approval.
VACANT BUILDING/SITE. A building, structure or real property that is undeveloped, unoccupied or occupied by a person without a legal right to occupy for at least 30 days. In determining whether a building or site is vacant, the Planning Director or designee may consider these factors among others:
a. A building at which lawful residential or business activity has ceased. b. The building or site is substantially devoid of contents. c. The building or site lacks legally connected utility services, including but not limited to water, sewer, electrical or natural gas.
d. This definition does not include building, structures or sites that are undergoing construction or renovation and which are in compliance with all applicable ordinances, codes, legislation, and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.
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VARIANCE. A discretionary entitlement which permits the departure from the strict application of the development standards contained in this Zoning Ordinance.
VARIETY STORE. An establishment which provides a variety of goods to the public for sale at retail. Typically includes hair care products, a pharmacy, non-prescription drugs and hygiene products, cleaning supplies, toys, games, small household appliances, dishes, make-up, candy, etc.
VEHICLE. The term "vehicle" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle as defined herein for sleeping purposes shall be prohibited except within an approved mobile home park and for safe parking operation as described in Section 10-1.2736 (c)..
VEHICLE RENTAL. See "AUTOMOBILE RENTAL."
VEHICLE REPAIR. See "AUTOMOBILE REPAIR."
VEHICLE SALES. See "AUTOMOBILE SALES."
VEHICLE SERVICING. For vehicle servicing such as same-day lube, oil, and filter, see "AUTOMOBILE REPAIR - MINOR." For major vehicle repairs such as engine overhauls, vehicle upholstery, auto glass, mufflers, etc., see "AUTOMOBILE REPAIR - MAJOR."
VIDEO SALES AND RENTAL STORE. An establishment which sells at retail and/or rents video tapes to the public.
WAREHOUSE AND DISTRIBUTION FACILITY. Establishments primarily engaged in the sale, storage, and distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for distribution in smaller lots. Does not include public storage facilities.
WASTE TRANSFER/HANDLING FACILITY. A facility that transports or handles hazardous waste, medical wastes or other wastes from offsite sources. Subject to Outdoor Storage limitations.
WASTE TREATMENT FACILITY. A facility that treats hazardous waste, medical waste or other waste from offsite sources. Subject to Outdoor Storage limitations.
WHOLESALE ESTABLISHMENT. The sale of commodities and goods to an establishment for resale to the consumer.
WIND ENERGY CONVERSION SYSTEM. A machine that converts the kinetic energy in the wind into a usable form. A wind energy conversion system is commonly known as a windmill or wind turbine, and includes all parts of the system including the tower and the transmission equipment.
WINE SHOP. "Wine Shop" shall mean an alcoholic beverage sales establishment, managed by a certified sommelier or oenologist, primarily for the retail sales of wine from multiple wineries and distributors that involves no sales of liquor or distilled spirits. Wine tasting may be included as an accessory use, but the wine shop cannot operate as a bar.
YARD. The word "yard" shall mean an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided herein. A yard extends along a lot line or official plan line to a depth or width specified in the yard regulations for the District in which such lot is located.
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(Supp. No. 22, Update 1)
a. Front Yard. A yard extending along the full length of the front lot line between the side lot lines, except for flag-shaped lots where yard areas shall be calculated excluding the stem of the lot, and the front yard shall be parallel to the right-of-way unless determined otherwise by the Planning Director. The developer of a corner parcel may select as the front yard property facing either of the two rights-of- way at the time of initial development of the property.
b. Rear Yard. A yard extending along the full length of the rear lot line between the side lot lines of an interior lot. The rear yard of a corner parcel shall be determined by the Planning Director and shall be opposite either of the two rights-of-way.
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(Supp. No. 22, Update 1)
c. Side Yard. A yard extending along a side lot line from the front yard to the rear yard, or from the front lot line to the rear yard where no front yard is required. In determining side yards based on a percentage of lot width where the lot is irregular in shape, the width shall be determined by calculating the lot width at a point of 20 feet from the front property line. d. Side Street Yard. A yard extending along a lot line, other than a front, rear, or interior side line, between the front yard and a side or rear lot line. The developer of a corner parcel may select the side street yard from property facing either of the two rights-of-way. (Section 10-1.3510 amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 02-08, adopted July 16, 2002; Ordinance 03-08, adopted May 27, 2003; Ordinance 04-13, adopted September 28, 2004; Ordinance 04-19, adopted December 21, 2004, amended by Ordinance 06-11, adopted July 11, 2006, amended by Ordinance 06-14, adopted July 11, 2006; amended by Ordinance 17-09 , adopted June 20, 2017; amended by Ordinance 17-16 , adopted Nov. 7, 2017; amended by Ordinance 17-15 , adopted Nov. 28, 2017; amended by Ordinance 19-10 , adopted June 4, 2019; Amended by Ordinance 21-05 , § 5, adopted July 20, 2021; Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
III. REQUIRED RATIO OF PARKING SPACES
Hayward, California, Municipal Code Created: 2024-03-25 12:42:33 [EST] (Supp. No. 22, Update 1)
III. REQUIRED RATIO OF PARKING SPACES
SEC. 10-2.300 REQUIRED RATIO OF PARKING SPACES.
Uses not specifically listed in this article shall provide the minimum off-street parking required of the use most similar in nature, as determined by the Director of Community and Economic Development/ Planning Director. Additional parking spaces may be required for developments requiring conditional use permits, parcel map or tract map approvals, or other conditionally approved projects at the discretion of the Director of Community and Economic Development/Planning Director.
SEC. 10-2.310 RESIDENTIAL USES.
The number of off-street parking spaces required for residential shall be:
USES PARKING SPACES REQUIRED
DETACHED RESIDENTIAL1:
Up to 3,000 gross square feet 2.0 covered within an enclosed garage per dwelling unit
Greater than 3,000 gross square feet 3.0 covered within an enclosed garage per dwelling unit
If a lot abuts a public or private street that has no
parking lane on either side of the street or is posted
for no parking on both sides of the street.
2.0 covered per dwelling unit within an enclosed
garage plus 2.0 uncovered per dwelling unit. Driveway
parking spaces can satisfy the uncovered parking
requirement.
If a dwelling with a single car garage was built prior to March 24, 1959
1.0 covered per dwelling unit
DUPLEXES, TRIPLEXES, MULTI-UNIT RESIDENTIAL (4+
UNITS)1,2:*
Studio 1.0 covered and 0.50 uncovered per dwelling unit One-bedroom 1.0 covered and 0.70 uncovered per dwelling unit Two or more bedrooms 1.0 covered and 1.10 uncovered per dwelling unit * Ten percent of parking spaces required shall clearly
be marked for visitor's parking, at least 70 percent of which shall accommodate standard size vehicles.
Where less than 10 parking spaces are required, a
minimum of one standard parking space shall clearly
be marked for visitor's parking.
LIVE/WORK See Section 10-2.204
Senior (62+) rental housing SENIOR (62+) RENTAL
HOUSING3
0.5 covered spaces per dwelling unit
Special needs housing, as defined in California Health
and Safety Code Section 51312 SPECIAL NEEDS
HOUSING FOR INDIVIDUALS WITH DISABILITIES 3
0.3 covered spaces per dwelling unit
MOBILE HOMES 2.0 per mobile home space, plus 1.0 guest parking space per three mobile home spaces within a mobile
home park
CARETAKER QUARTER 1.0 per caretaker quarter unit
Exhibit B
Created: 2024-03-25 12:42:33 [EST]
(Supp. No. 22, Update 1)
SINGLE ROOM OCCUPANCY (SRO) 1.0 per sleeping unit
1. Group Homes, Supportive Housing and Transitional Housing shall provide the required ratio of parking spaces for a detached residence, duplex, triplex or multi-unit residential (4+ units), whichever is most consistent with the building form.
2. Ten percent of parking spaces required shall clearly be marked for visitor's parking, at least 70 percent of which shall accommodate standard size vehicles. Where less than 10 parking spaces are required, a minimum of one standard parking space shall clearly be marked for visitor's parking.
3. If any of the residential dwelling units are for designed and occupied by this population, this parking regulations shall apply.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-2.320 LODGING, REST HOMES AND HOSPITAL USES.
The number of off-street parking spaces required for boarding, hotels, convalescent homes, and hospital uses shall be:
USES PARKING SPACES REQUIRED
DORMITORY BOARDING, rooming and transient
homes, sleeping accommodations of clubs and lodges,
and dormitories, including those of clubs, lodges,
fraternities, and sororities
1.2 for each occupant based on capacity as designed.
HOTELS and motels 1.0 for each room, plus 1.0 for each two employees on the largest shift,
plus
15% additional truck/trailer combination parking
spaces, if located in an Industrial zoned area
CONVALESCENT FACILITY, rest and nursing homes,
homes for the aged, and sanitariums
1.0 for each 3.0 beds (See Section 10-2.770 for
physically disabled persons parking requirements.)
HOSPITALS 1.0 for each hospital bed
EMERGENCY SHELTER, LOW BARRIER NAVIGATION
CENTER
1.0 for each three employees on site during the shift
that has maximum staffing, plus 1.0 space for each
facility vehicle
ARTICLE 24 MISSION BOULEVARD CODE
Hayward, California, Municipal Code Created: 2024-08-19 11:54:40 [EST] (Supp. No. 23, Update 1)
ARTICLE 24 MISSION BOULEVARD CODE1
DIVISION 10-24.2.3: USE TABLES
10-24.2.3.010 ALLOWED LAND USES AND PERMIT REQUIREMENTS A. Table 2.3.010.A (Allowed Uses and Permit Requirements), sets the land use regulations for the Mission Boulevard Corridor Zones by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Code or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. "P/C" designates uses that are permitted or permitted after review and approval of a Conditional Use Permit under certain circumstances.
"-" designates uses that are not allowed.
B. A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.
C. Land uses are defined in Section 10-1.3500 (Definitions), of the Hayward Zoning Code. In cases where a specific land use or activity is not defined, the Planning Director may make a determination in compliance with Section 10-1.2835 (District Uses Not Specified) of the Hayward Zoning Code.
Table 2.3.010.A: Allowed Uses and Permit Requirements
Land Use MB-CN MB-NN MB-CC MB-CS1 Additional Regulations Residential
Emergency Homeless
Shelter
P/C2, 3 P/C2, 3 - - Limited to parcels abutting
Mission Boulevard
Live-Work P/C2, 3 P/C2, 3 - -
Multi-Unit Residential P/C2, 3 P/C2, 3 P/C2, 3 -
Duplex/Triplex P/C2, 3 P/C2, 3 P/C2, 3 -
Detached Residential Unit4 P P P -
Single Room Occupancy
(SRO)
A- A- AC - See Section 10-1.2736(e) for
criteria and standards.
Dormitory A A A -
Accessory Dwelling Unit(s) P P P Where primary use is residential. See Hayward
Zoning Code Section 10-
1Note(s)—Added by Ordinance 20-12, adopted July 14, 2020.
Exhibit C
Created: 2024-08-19 11:54:32 [EST]
(Supp. No. 23, Update 1)
1.2740 for criteria and
standards.
Group Home
Small Unlicensed P P P
Large Unlicensed C C C
Small Licensed P P P
Medium Licensed A A A
Large Licensed C C C
Lodging
Hotel A A A -
Office
Architectural Service,
Drafting Service, Engineering
Service
P P P -
Banks5 P P P -
Financial Institutions5 P P P -
Medical/Dental Laboratory A A A C
Office P P P -
Retail/Commercial
Alcohol Sales Refer to Section 10-1.2750 et seq. of the Hayward Zoning Code for Alcoholic Beverage Outlets Regulations
Appliance Repair Shop P P A -
Appliance Store P P A -
Bar, Cocktail Lounge C C C -
Carpet/Drapery Store P P A -
Check Cashing Store - - - -
Convenience Market P P P - If use includes alcohol sales, see also Section 10-1.2750
et seq. of the Hayward
Zoning Code for Alcoholic
Beverage Outlets
Regulations
Copying or Reproduction
Facility
P P P -
Equipment Rental Service A A A -
Furniture Store P P A -
Health Club A A A C
Kennel A A A -
Large Motion Picture
Theater
C C C C
Liquor Store - - - -
Live Performance Theater A A A A
Massage Parlor - - - -
Created: 2024-08-19 11:54:32 [EST]
(Supp. No. 23, Update 1)
Media Production A A P -
Newspaper Printing Facility A A P -
Nursery (Plants) P P P -
Pawn Shop - - - -
Payday Loan Facilities - - - -
Personal Services P P P -
Physical Fitness Studio P P P C
Publishing Facility A A P -
Recreational Facility A A A C
Small Recycling Collection
Facilities/Recycling
Collection Area
A A A - See Hayward Zoning Code
Subsection 10-1.2735.j,
Small Recycling Collection
Facilities and Unattended
Collection Boxes
Restaurant, Including Micro-
Breweries as accessory to
the Restaurant and
standalone Catering
Facilities
P P P - See Hayward Zoning Code
Section 10-1.2750 et seq. for
alcohol regulations
See Section 3.4.040.F.4 and
5 for outdoor seating
requirements
Retail P P P C
Small Motion Picture
Theater
A A A C
Tattoo Parlor - - - -
Tobacco Retail Sales
Establishment
- - - -
Civic
Cultural or Meeting Facilities A A A C
Public Park/Public Gathering P P P P
Parking Lots and Structures A A A C
Public Agency Facilities P P P P
Religious Facility A A A C
Other: Agriculture
Community Garden P P P P
Other: Automotive
Automobile Repair (Minor) A A A -
Automobile Repair (Major) C C C -
Automobile Sales6 P/A P/A P/A -
Drive-In Establishment C C C -
Automobile Service Station C C C -
Taxi Company A A A -
Other: Civil Support
Hospital A A A C
Created: 2024-08-19 11:54:32 [EST]
(Supp. No. 23, Update 1)
Mortuary A A A C
Other: Education
Day Care Center P P P C
Day Care Home P P P -
Educational Facilities ≤ 2,000
GFA
P P P C
Educational Facilities > 2,000
GFA
A A A C
Industrial/Vocational Trade
School
A A A C
Other: Light Industrial
Micro-Brewery C C C - See Hayward Zoning Code
Section 10-1.2750 et seq. for
alcohol regulations
Custom Manufacturing P P P -
Distillery C C C - See Hayward Zoning Code
Section 10-1.2750 et seq. for
alcohol regulations
Light Manufacturing AUP AUP - -
Research and Development P P - -
Other Use
Emergency Shelter P P P - Limited to parcels abutting Mission Boulevard. See
Section 10-1.2736(a) for
criteria and standards.
Low Barrier Navigation
Center
P P P - See Section 10-1.2736(b) for
criteria and standards.
Animal Hospital A A A -
Commercial Amusement
Facility
A A A -
Food Vendor P P P - See Hayward Zoning Code
Subsection 10-1.2735.m,
Food Vendor Permit
Psychiatric and
Rehabilitation Facility
A A A -
Temporary Uses See Section 3.5.020, Temporary Uses
Specific Limitations:
1. When the MB-CS Zone is applied to privately owned property, the use and building existing at the time this Code comes into effect may continue until the site is redeveloped or becomes under public ownership.
2. For properties located within Commercial Overlay Zone 1, as shown in the Regulating Plan, commercial uses are required on the ground floor along roadway frontages. Uses associated with the residential use, such as leasing office, community space, amenities, etc., are allowed on the ground floor.
Created: 2024-08-19 11:54:32 [EST]
(Supp. No. 23, Update 1)
3. For properties located within Commercial Overlay Zone 2, as shown in the Regulating Plan, residential units are only allowed along the primary street frontage with a conditional use permit.
4. Detached residential unit permitted if the lot/parcel has an existing, permitted detached residential unit that was constructed prior to the effective date of this Code. No new detached residential units are allowed.
5. Does not include check cashing, pay loans, or auto title loans.
6. An Administrative Use Permit is required for automobile sales uses south of Harder Road.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
ARTICLE 28 DEVELOPMENT CODE
Hayward, California, Municipal Code Created: 2024-08-19 11:54:48 [EST] (Supp. No. 23, Update 1)
ARTICLE 28 DEVELOPMENT CODE
DIVISION 10-28.2.3: USE TABLE
10-28.2.3.010 ALLOWED LAND USES AND PERMIT REQUIREMENTS A. Allowed Land Uses. The land uses allowed in the Downtown Zones are established in Table A (Allowed Uses in Downtown Zones). Each land use listed in Table A (Allowed Uses in Downtown Zones) is defined in Section
6.1.020 (Land Uses).
B. Permit Required. Land uses identified in Table A (Allowed Uses in Downtown Zones) are subject to the permit requirements listed in the Table.
C. Additional Standards. Table A includes references to additional standards for specific uses in Division 3.5 (Specific to Use) or Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Code.
D. A land use that is not listed in Table A (Allowed Uses in Downtown Zones) is not allowed, unless the Director finds that the proposed use is similar to, compatible with, and is consistent with the purpose of the zone, the General Plan, and the Specific Plan, and the new use will not involve a greater intensity than a listed use.
Table 2.3.010.A Allowed Uses in Downtown Zones
Land Use Type Specific to
Use
Regulations
Permit Required by Zone
NE NG UN UN-L DT-
MS
UC
Residential Uses
Accessory Dwelling Unit(s) (Where
primary use is residential)
10-1.2740 P P P P P P
Day Care
Day Care Center - CUP P P P P
Day Care Home P P P P P P
Group Home
Small Unlicensed (6 or fewer
residents)
P P P P P P
Large Unlicensed (7 or more
residents)
CUP- CUP ACUP ACUP CUP- CUP
Small Licensed P P P P P P
Medium Licensed AUP AUP AUP AUP AUP AUP
Large Licensed CUP CUP CUP CUP CUP CUP
Home Occupation 3.5.040 P P P P P P
Live/Work 3.5.050 - P P - P P
Residential P P P P P P
Senior Housing P P P - AUP AUP
Single Room Occupancy 10-1.2736(e) - - AUP - AUP AUP
Dormitory - - AUP - AUP AUP
Civic, Education, Entertainment, and Assembly Uses
Exhibit D
DIVISION 10-28.6.1 PURPOSE AND INTENT
Hayward, California, Municipal Code Created: 2024-08-19 11:57:35 [EST] (Supp. No. 23, Update 1)
Cultural or Meeting Facility AUP AUP AUP AUP P P Educational Facility
< 2,000 sf AUP AUP P AUP P P
≥ 2,000 sf - - CUP - CUP CUP
Entertainment Facility - - AUP - P P
Public Agency Facility P P P P P P
Public Park/Public Gathering P P P P P P
Recreational Facility
Indoor AUP - AUP AUP P P
Outdoor - CUP AUP - - CUP
Studio; fitness, art, dance, music, etc. - AUP P - P P Office and Service Uses
Animal Hospital - - CUP - AUP AUP
Bed and Breakfast AUP AUP P P P P
Business/Commercial/Financial
Services
- AUP P - P P
Drive-in, Retail or Service 10-1.1045j - CUP CUP - - - Hotel/Motel - - AUP - P P
Office CUP AUP P - P P
Personal Services - AUP P - P P
Restricted - - CUP - CUP CUP
Retail and Food Uses
Artisan/Craft Production - CUP CUP - P P
Bar/Cocktail Lounge/Nightclub 10-1.2750 - - - - CUP CUP Commercial Cannabis Retail
Dispensary
10-1.3600 - - CUP - CUP CUP
Liquor Store 10-1.2750 - - - - CUP CUP
Restaurant
General - P P - P P
Full Service 10-1.2750 - - CUP - P P
Drive Through 10-1.1045j - - CUP - - -
Retail, General
≤ 10,000 sf - CUP AUP - P P
> 10,000 sf - - CUP - AUP AUP
Auto Uses
Automobile Sales and Rental - - CUP - CUP -
Automobile Repair and Service
Station
- - CUP - CUP -
Parking Structure - - CUP - AUP AUP
Passenger Transportation - - AUP - AUP AUP
Other Uses
Low Barrier Navigation Center 10-1.2736(b) P P P P P P
DIVISION 10-28.6.1 PURPOSE AND INTENT
Hayward, California, Municipal Code Created: 2024-08-19 11:57:35 [EST] (Supp. No. 23, Update 1)
Accessory Uses 3.5.030 P P P P P P
Temporary Uses 3.5.060 TUP TUP TUP TUP TUP TUP
Key
P Permitted AUP Administrative Use Permit CUP Conditional Use Permit TUP Temporary Use Permit - Not Permitted
(Amended by Ordinance 21-05, § 4, adopted July 20, 2021; amended by Ordinance 24-01, adopted Jan. 23, 2024) DIVISION 10-28.6.1 PURPOSE AND INTENT
10-28.6.1.010 PURPOSE AND INTENT
This Division describes and classifies land uses and terms that apply to the Downtown Specific Plan and Code.
This Division supplements, and supersedes, if in conflict with, the terms defined in Section 10-1.3500 (Definitions) in the Hayward Code.
10-28.6.1.020 LAND USES
A. A-Definitions.
Accessory Dwelling Unit (ADU). An attached, detached, or internal residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and is located on the same lot as the primary building.
Accessory Use. A use which is subordinate and incidental in height, bulk, volume and/or use to the lawfully permitted principal use on the same lot, and which does not alter the essential characteristics of said principal use and is in keeping with other uses permitted in the same district. Examples include, but are not limited to:
a. A garage, carport, shed, or building for domestic storage; b. A children's playhouse, gazebo, greenhouse, pool, or recreation building; c. Storage of merchandise normally carried in stock on the same lot with any retail service or business use;
d. Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities; and
e. Off-street parking.
Animal Hospital. Any buildings or portion of a building designed or used for the care, observation or treatment of cats, dogs, or other household pets, with incidental boarding. Also referred to as a veterinary hospital. This use does not include animal boarding.
Artisan/Craft Production. An establishment manufacturing and/or assembling small products primarily by hand or using low power machinery, including but not limited to clothing, furniture, jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
Automobile Sales and Rental. An establishment engaged in the retail sales, service, rental, and/or leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and supplies.
Automobile Repair and Service Station. The use of a site for the service, tune-up, and repair of automobiles, noncommercial trucks, or motorcycles, including the sale, installation, and servicing of equipment and parts. This
Created: 2024-08-19 11:57:35 [EST]
(Supp. No. 23, Update 1)
use includes, but is not limited to, muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.
B. B-Definitions.
Bar/Cocktail Lounge/Nightclub. Any on-sale alcohol-related establishment that engages primarily in the sale, or sale and production of alcoholic beverages and where food service, if any, is subordinate or incidental to the sale of alcoholic beverages. Bars include but are not limited to night clubs, taverns, pubs, cocktail lounges, micro breweries, brew pubs, and similar establishments.
Bed and Breakfast. The use of an owner-occupied single-family residence for commercial lodging purposes.
Business/Commercial/Financial Services. An establishment that provides business, commercial, or financial services including but not limited to banks and other financial institutions, ATMs, computer-related services (rental); office equipment sales and service, photo copying and printing, land mailing and mail box services (not operated by the USPS), janitorial services, window cleaning, landscaping, linen supply, appliance repair, exterminators, and personal storage.
C. C-Definitions.
Commercial Cannabis Retail Dispensary. See Hayward Municipal Code Section 10-1.3600 (Cannabis) Cultural or Meeting Facility. Facilities maintained to develop, promote, or foster the arts or literature, as well as a clubhouse, lodge hall, and religious meeting places, and ancillary activities as determined by the Director.
Includes, but is not limited to, public, quasi-public, or private facilities, for example: aquariums, art galleries and exhibitions, historic sites and exhibits, libraries, and museums. May include but is not limited to accessory retail uses such as a gift/book shop, restaurant, etc.
D. D-Definitions.
Day Care.
1. Day Care Center. A facility which provides non-medical care to 15 or more children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. May include pre-schools, infant centers, and extended day care facilities.
2. Day Care Home. The use of a single-family residence to provide day care to 14 or fewer persons, including any children under the age of 10 years who reside at the home.
Drive-in, Retail, or Service. An establishment which accommodates the patrons and their motor vehicles from which the occupants may watch, purchase, or receive goods or services (Includes a drive in bank or pharmacy, drive-up photo finishing, car wash, gas station, mini-mart with gas, automobile lubrication facility, etc.).
Does not include drive through restaurant.
E. E-Definitions.
Educational Facility. Facilities maintained to provide instruction to students for the purpose of developing their faculties and powers, and ancillary activities as determined by the Director. May include, but is not limited to, trade schools, a beauty college, or business college.
Entertainment Facility. A facility offering entertainment open to the public for a fee or by membership subscription including, but not limited to, theaters, live performance venues, and music venues.
F. F-Definitions. No specialized land uses beginning with the letter F are defined at this time.
G. G-Definitions. No specialized land uses beginning with the letter G are defined at this time.
Created: 2024-08-19 11:57:35 [EST]
(Supp. No. 23, Update 1)
Group Home. The use of any residence or other dwelling unit for a group residence where residents pay a fee or other consideration to the Group Home operator in return for residential accommodations. A Group Home includes a boarding home, a rooming house, as well as a group residence for the elderly, or mentally or physically disabled or handicapped persons, or other persons in need of care and supervision. Each dwelling unit so used is considered a single Group Home. The term Group Home includes both licensed and unlicensed Group Homes.
1. Licensed Group Home. A licensed Group Home is any residential facility subject to State licensing requirements pursuant to the California Health and Safety Code (HSC), implementing State regulations, and amendments thereto. Any Group Home which is subject to State licensing requirements and will be treated as an unlicensed Group Home if the facility's license has expired or such license has been suspended, revoked or terminated. Group Homes subject to State licensing requirements include the following:
a. Residential facilities providing non-medical residential care, specifically, any residential Community Care Facility (HSC Section 1502), a Residential Care Facility for the Elderly (HSC Section 1569.2) and an alcoholism or drug abuse recovery or treatment facility (HSC Section 11834.02).
b. The following types of Health Facilities (HSC Section 1250, specifically, a Congregate Living Health Facility (HSC Section 1250 (i)), an Intermediate Care Facility/Developmentally Disabled Habilitative (HSC Section 1250(e)), an Intermediate Care Facility/Developmentally Disabled (HSC Section 1250(g)), and an Intermediate Care Facility/Developmentally Disabled-Nursing (HSC Section 1250(h)).
2. Unlicensed Group Home. An unlicensed Group Home is the use of a dwelling unit by an owner or operator as a dormitory, boarding house, rooming house, or similar use, where such residential facility is not subject to State licensing requirements or whose state license has expired or has been suspended or revoked.
H. H-Definitions.
Home Occupation. Any occupation conducted within the living area of a dwelling unit, by persons living there, which the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character of the property. Also referred to as a "Mail and Telephone Business Listing." Hotel/Motel. A building or group of attached or detached buildings where lodging with or without meals is provided to the general public for compensation typically on a nightly basis in individual sleeping or living units and where a maximum continuous length of stay is no longer then that established for transiency pursuant to Article 8- 4 (Transient Occupancy Tax) of the Hayward Code. Does not include institutions where any human being is detained under legal restraint.
I. I-Definitions. No specialized land uses beginning with the letter I are defined at this time.
J. J-Definitions. No specialized land uses beginning with the letter J are defined at this time.
K. K-Definitions. No specialized land uses beginning with the letter K are defined at this time.
L. L-Definitions.
Liquor Store. An alcoholic beverage sales establishment primarily involving the sale of alcohol where beer, wine or distilled spirits are sold for off-sale consumption.
Live/Work. An integrated housing unit and working space occupied and used by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes complete kitchen space and sanitary facilities in compliance with the Building Code; and working space reserved for and regularly used by one or more occupants of the unit.
M. M-Definitions. No specialized land uses beginning with the letter M are defined at this time.
Created: 2024-08-19 11:57:35 [EST]
(Supp. No. 23, Update 1)
N. N-Definitions. No specialized land uses beginning with the letter N are defined at this time.
O. O-Definitions.
Office. An establishment which provides administrative or professional services (i.e., law firm, stock broker, insurance, or real estate office), or medical or travel agency services, as well as consulting service offices including architects and accountants. This use excludes business/commercial/financial services.
P. P-Definitions.
Parking Structure. Facilities for the temporary parking of motor vehicles within a privately or publicly owned off-street parking facility. This use includes commercial parking lots and garages.
Passenger Transportation. A service or system which provides transportation between stations or passenger-identified pick-up and drop-off locations (i.e., AC Transit, Amtrak, BART, Greyhound, airport, taxis, pedicabs, and rideshare).
Personal Services. An establishment that provides non-medical services to an individual as a primary use.
Examples of these use include but is not limited to barber shops and beauty salons; nail salons, clothing rental; dry cleaning pick up stores with limited equipment; locksmiths; massage; shoe repair shops; and tailors. These uses may also include, but are not limited to, accessory retail sales of products related to the services provided.
1. Restricted. Personal services that may not be desirable or compatible with certain areas. Dispersal of these uses may reduce any adverse impacts of their placement in these areas, including, but not limited to, payday loan facilities, tattoo parlors, pawn shops, and check cashing facilities.
Public Agency Facility. Facilities, structures and accessory uses which house public agencies including federal, state, or local government, and other agencies such as utility and telephone companies governed by the Public Utilities Commission.
Public Park/Public Gathering. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City which is under the control, operation, or management of the City of Hayward, Hayward Area Recreation District, Alameda County, the East Bay Regional Park District, or the State of California or Federal Government.
Q. Q-Definitions. No specialized land uses beginning with the letter Q are defined at this time.
R. R-Definitions.
Recreational Facility. A private facility maintained to provide a pastime, sport, or exercise and ancillary activities as determined by the Director. The use may be a commercial or non-commercial facility. Under no circumstance, as a primary, permitted or accessory use, may any Recreational Facility be allowed to operate simulated gambling devices as defined in Article 4-16 (Prohibition of Simulated Gambling Devices) of the Hayward Code.
1. Indoor. Includes, but is not limited to, athletic health clubs, gymnasiums, bowling alleys, ice and roller- skating rinks, pool/billiard parlors, and electronic video arcades.
2. Outdoor. Includes, but is not limited to, sport fields or courts, driving ranges, batting cages, skate parks, and golf courses.
Residential. Buildings used a residence. Includes, but is not limited to, single-family, duplex, triplex, and multi-family housing.
Restaurant.
1. General. Any establishment, other than a boarding house or dormitory, where food and beverages are provided for consumption on-premises or off-premises, and where typically, but not necessarily, there are tables, counters, benches, or other public seating facilities provided, or where food is taken off- premises, disposal containers are provided. Includes, but is not limited to, a sit-down dining facility,
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(Supp. No. 23, Update 1)
fast-food restaurant (no drive-through window), donut shop, pizza shop, cafe, bakery, cafeteria, coffee shop, lunchroom, delicatessen, and ice cream parlor. Does not include alcohol sales.
2. Full Service. A restaurant with incidental bar, cocktail lounge, or other area designated primarily for the service of alcohol on the premises, which operates as part of the restaurant and is subservient to the primary function of the restaurant. Does not include fast food restaurant.
3. Drive-Through. Any high-volume establishment serving food or beverages which utilizes a building design, site layout, or operating procedure whereby customers can drive onto the premises and remain in their vehicles while food or beverages are sold or dispensed.
Retail, General. Stores and shops selling many lines of merchandise for personal or household consumption.
Typical uses may include, but are not limited to, sales of apparel and accessories, antiques, appliances, art and fabric supplies, books, electronics, furniture, jewelry, luggage, office supplies, sporting equipment, as well as department stores, drugstores, flower shops, hardware stores, specialty stores, convenience stores, grocery stores, and variety stores. Does not include the sale of automotive parts or on-site production.
S. S-Definitions.
Studio: Fitness, art, dance, music, etc. Small-scale facilities focused on the instruction of students of any age group. Does not include activities listed in "Entertainment Facility" or "Recreation Facility." Studio facilities includes, but is not limited to, individual and group instruction and training in the arts; production rehearsal; photography, physical fitness, and martial arts training studios; and gymnastics instruction, aerobics, and gymnastics studios with no other fitness facilities or equipment.
T. T-Definitions.
Temporary Use. Short-term activities that are not allowed on a permanent basis but because of their temporary non-permanent intermittent or seasonal nature are acceptable. Includes, but is not limited to, mobile businesses, Christmas tree or pumpkin patch lot, farmer's market, fruit stands, garage sales, and auctions.
U. U-Definitions. No specialized land uses beginning with the letter U are defined at this time.
V. V-Definitions. No specialized land uses beginning with the letter V are defined at this time.
W. W-Definitions. No specialized land uses beginning with the letter W are defined at this time.
X. X-Definitions. No specialized land uses beginning with the letter X are defined at this time.
Y. Y-Definitions. No specialized land uses beginning with the letter Y are defined at this time.
Z. Z-Definitions. No specialized land uses beginning with the letter Z are defined at this time. 10-28.6.1.030 GENERAL TERMS
A. A-Definitions.
Adjacent. Sharing a common property line, or with property lines separated only by an alley.
Adjacent Buildings. Two or more buildings located upon adjacent lots.
Allowed Use. Uses that are allowed by right and are not subject to the conditions of approval, mandatory review periods, or expiration periods as required for Conditional Use Permits or Administrative Use Permits.
Applicant. Any person who is filing an application requesting an action who is:
a. The owner or lessee of property;
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(Supp. No. 23, Update 1)
b. A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Code, and who presents written authorization from the property owner to file an application with the City; or c. The agent of either of the above who presents written authorization from the property owner to file an application with the City.
Approval. Includes both approval and approval with conditions by a review authority of the City.
Architectural Features. Exterior building elements intended to provide ornamentation to the building massing, including, but not limited to, eaves, cornices, bay windows, oriels, window and door surrounds, light fixtures, canopies, and balconies.
Awning. A roof or cover which projects from a wall of a building over a window or door, made of canvas, metal or wood, which may be fixed in place or be retractable.
B. B-Definitions.
Bay Window. A window that projects from the building facade or elevation that begins on the ground floor and can extend to upper floors.
Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade (see Grade), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
Block. An area of land separated from other areas by adjacent streets, railroads, rights of-way, or public areas.
Block Face. The horizontal distance measured from one end of the block to the other end along the same right-of-way.
Block Perimeter. The aggregate of all sides of a block measured along the adjacent right-of-way.
Building. A habitable structure requiring a certificate of conformance, which consists of one or more of the following foundations that surround an interior space: floors, walls, and roofs. May include, but is not limited to, exterior appurtenant structures such as porches and decks.
1. Block-Scale. A building that is individually as large as most or all of a block or when arranged together along a street, appear as long as most or all of a block.
2. Existing. See Structure, Existing.
3. House-Scale. A building that is within the range of size of a small to large house and set apart from other buildings with setbacks.
4. Primary. A building in which the primary use is conducted.
Buildable Area. The area in which a building is allowed to be constructed.
Building Elevation. The exterior wall of a building not adjacent to a public right-of-way, the front or side along a private street, or civic space.
Building Entrance. A point of pedestrian ingress and egress to a building.
Building Facade. The exterior wall of a building adjacent to a public right-of-way, the front or side along a private street, or civic space.
Building Form. The overall shape and dimensions of a building.
Building Frontage, Primary. The length of the property line of any one premises parallel to and along each public right-of-way which it borders and is identified by an address.
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(Supp. No. 23, Update 1)
Building Type. A structure defined by its combination of configuration, disposition and function.
C. C-Definitions.
Carriage Building. See Section 3.3.040 (Carriage Building).
City. The City of Hayward.
City Engineer. The City Engineer of the City of Hayward.
Civic Space. Land that is improved for civic gathering purposes.
Courtyard Building. See Section 3.3.110 (Courtyard Building).
Cottage Court. See Section 3.3.070 (Cottage Court).
Council. The City Council of the City of Hayward.
D. D-Definitions.
Director. The Planning Director of the City of Hayward.
Detached House. See Section 3.3.050 (Detached House).
Distance Between Entries. The horizontal distance measured parallel to the building facade between entrances to a building or buildings.
Driveway. A vehicular lane within a design site or shared between two sites leading to a garage, or other approved parking or loading area.
Duplex. See Section 3.3.060 (Duplex).
Dwelling Unit. A building, or a portion of a building (e.g., room or group of internally connected rooms), designed for occupancy by one household for residential purposes that has sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, occupied by or intended for the exclusive use of the household. Does not include tents, recreational vehicles, or travel trailers.
E. E-Definitions.
Encroachment. Any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, oriel window, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or beyond the zero lot line into the public frontage, or above a height limit.
Entry. An opening, such as a door, passage, or gate, that allows access to a building.
F. F-Definitions.
Facade. The vertical surface of a building, generally placed facing a street ("front facade").
Facade Zone. The area between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel.
Facility. An improvement, structure or building that is designed and used for a particular purpose.
Fence. A structure made of wire, wood, metal, masonry, or other material, and typically used as a screen or enclosure for a yard or open space or as a divider along a lot line.
Footprint. The outline of the area of ground covered by the foundations of a building or structure.
Footprint Area. The total square footage contained within a footprint.
Frontage. A strip or extent of land abutting a thoroughfare, civic space, or other public right-of-way. See Figure 1 (Frontage).
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(Supp. No. 23, Update 1)
1. Private. The area between the building facade and the shared lot line between the public right-of-way and the lot.
2. Public. The area between the curb of the vehicular lanes and shared lot line between the public right- of-way and the lot.
Figure 6.1.030.1 Frontage
G. G-Definitions.
Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.
Glazing. Openings in a building in which glass is installed.
Grade.
1. Existing. The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall, or architectural or landscape feature. The development services director may require an applicant to provide a third-party report that shows the existing, or natural grade, of a site.
2. Finished. The finished ground level at any point along the exterior walls of a structure. If walls are parallel to and within five feet of a sidewalk, alley or other public way, the level above ground must be measured at the elevation of the sidewalk, alley or public right-of-way.
Gross Floor Area. The total floor area inside the building envelope, including the external walls, but not including the roof.
Ground Floor. The floor of a building located nearest to the level of the existing grade around the building.
H. H-Definitions.
Hayward Code. The City of Hayward's Code of Ordinances.
Height. See Figure 2 (Height).
1. Ground Floor, Finished Floor. Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.
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(Supp. No. 23, Update 1)
2. Ground Floor, Floor-to-Ceiling. Height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.
3. Primary Building. Height can be determined in two ways: to eave/parapet or maximum overall height. a. Overall. The vertical distance measured from the midpoint of the lowest and highest points of the structure adjacent to the finished grade to the highest point of the structure. b. Eave/Parapet. The vertical distance measured from the midpoint of the lowest and highest points of the structure adjacent to the finished grade to the highest eave of the building or top of parapet wall.
4. Number of Stories. The number of stories in a structure allowed above grade.
Figure 6.1.030.2 Height
I. I-Definitions.
Impervious Surface. A surface compacted or covered with a layer of material so it is highly resistant to infiltration of water.
J. J-Definitions. No specialized terms beginning with the letter J are defined at this time.
K. K-Definitions. No specialized terms beginning with the letter K are defined at this time.
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(Supp. No. 23, Update 1)
L. L-Definitions.
Lined Building. See Section 3.3.140 (Lined Building)
Lot. A division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded map, or by metes and bounds and includes the terms "plat" and "parcel." See Figure 3 (Lot).
1. Corner. A lot that abuts the intersection of two or more streets at an angle of not more than 135 degrees. Where the angle of intersection exceeds 135 degrees, the area abutting the two streets shall be a front yard.
2. Interior. A lot which is not a corner lot.
Figure 6.1.030.3 Lot
Lot Coverage. The percentage of total lot area occupied by structures and impervious surfaces.
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Director shall determine lot depth for parcels of irregular configuration.
Lot Frontage. The lot line(s) of a lot fronting a thoroughfare, other public way, or a civic space.
Lot Line. Any recorded boundary of a lot.
1. Front.
a. On an interior lot, the property line separating the lot from the street. b. On a corner lot, the shorter property line abutting a street. If the street-fronting lot lines of a corner lot are equal in length, the Director shall determine the front lot line. c. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line
2. Rear. The lot line which is opposite and furthest from the front lot line and does not intersect the front lot line. In the case of an irregular or triangle lot, the rear lot line is parallel to and at a maximum distance from the front lot line, having a minimum length of 10 feet.
3. Side. Any lot line that is not a front lot line or a rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. The Director shall determine the lot width of an irregularly shaped lot.
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(Supp. No. 23, Update 1)
Lot Width (Net). The lot width exclusive of driveways, right-of-ways, and easements.
M. M-Definitions.
Main Street (building). See Section 3.3.130 (Main Street Building).
Mid-Rise. See Section 3.3.150 (Mid-Rise Building).
Multiplex. See Section 3.3.080 (Multiplex: Small) and Section 3.3.090 (Multiplex: Large).
N. N-Definitions. No specialized terms beginning with the letter N are defined at this time.
O. O-Definitions.
Oriel Window. A window that projects from the building facade, located on upper floors and may extend for multiple stories.
P. P-Definitions.
Primary Street. A street intended to serve as the principal frontage for a project, to which the front facade and primary building entrance is oriented. Primary streets are intended to provide the greatest degree of pedestrian orientation and access, with less emphasis on vehicular access where it can be avoided.
Primary Use. The main purpose for which a lot is developed and occupied. Also, a principal use.
Q. Q-Definitions. No specialized terms beginning with the letter Q are defined at this time.
R. R-Definitions.
Regulating Plan. A map for a development that identifies transect zones to be applied to replace the existing zones and that identifies the civic and open space types, thoroughfare types, building types, and frontage types for the development. Upon approval of the development, the regulating plan's content is incorporated into the Hayward Zoning Map.
Review Authority. The individual or official City body (e.g., Planning Director, Planning Commission, City Council) identified by this Code as having the responsibility and authority to review and approve or deny a permit application.
Right-of-way. The strip of land dedicated to public use for pedestrian and vehicular movement, which may also accommodate public utilities, that is either publicly owned or subject to an easement for right-of-way purposes benefiting the general public. Right-of-way typically includes streets, alleys, sidewalks, landscape areas, and drainage facilities.
Rowhouse. See Section 3.3.100 (Rowhouse Building).
S. S-Definitions.
Screening. Landscaping, decorative fencing, architectural features, or wall, as allowed by the Downtown Zone, to obstruct the public view of either private area on a design site or of mechanical/utilitarian equipment that does not contribute positively to the streetscape.
Setback. The area measured from the lot line to a building facade or elevation that must be maintained open and unobstructed from finished grade to sky with the exception of specifically permitted encroachments. See Figure 4 (Setback).
1. Front. An area extending the full width of a lot between the front lot line and the front setback line.
2. Side. An area extending the full width of a lot between the side lot line and the side setback line.
3. Street Side. An area extending the full width of a lot between the street side lot line and the street side setback line.
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(Supp. No. 23, Update 1)
4. Rear. An area extending the full width of a lot between the rear lot line and the rear setback line.
5. Parking. The mandatory clear distance between a lot line and parking.
Figure 6.1.030.4 Setback
Site Plan. A plan that is to scale and illustrates the proposed physical changes on a lot.
Stacked Flats Building. See Section 3.3.120 (Stacked Flats Building).
Stacking area. The stacking area is the space occupied by vehicles queueing for the service to be provided in a drive-through business.
State. The State of California.
Structure. Anything constructed or erected, except fences not exceeding six feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
1. Accessory. A subordinate structure, the use of which is incidental and secondary to that of the main structure on the same lot. "Accessory structure" does not mean "Accessory Dwelling Unit."
2. Existing. A structure legally erected prior to the effective date of this Ordinance, or one for which a valid legal Building Permit has been issued before this effective date of this Ordinance.
T. T-Definitions. No specialized terms beginning with the letter T are defined at this time.
U. U-Definitions.
Use. The specific purposes for which land or a building is designated, arranged, or intended, or for which it is or may be occupied or maintained.
Unit. See "Dwelling Unit."
V. V-Definitions. No specialized terms beginning with the letter V are defined at this time.
W. W-Definitions. No specialized terms beginning with the letter W are defined at this time.
X. X-Definitions. No specialized terms beginning with the letter X are defined at this time.
Created: 2024-08-19 11:54:48 [EST]
(Supp. No. 23, Update 1)
Y. Y-Definitions. No specialized terms beginning with the letter Y are defined at this time.
Z. Z-Definitions. No specialized terms beginning with the letter Z are defined at this time.
¯
0 0.5 10.25 Miles
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Emergency Shelter Use Allowed
Legend
City of Hayward
Parcels - Emergency
Shelter Use Allowed
Zoning
CG
CN
CO
IG
IL
IP
MB-CC
MB-CN
MB-NN
Parcel Count: 435
Total Acres: 291
Attachment IV
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0 0.5 10.25 Miles
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Psychiatric and Rehabilitation Care Facility Use Allowed Legend
City of Hayward
Parcels - Psychiatric
and Rehabilitation
Use Allowed
Zoning
ZONING_
IG
IL
IP
MB-CC
MB-CN
MB-NN
Parcel Count: 2,966
Total Acres: 3,523
¯
0 0.5 10.25 Miles
Parcel Count: 32
Total Acres: 54
Legend
City of Hayward
Parcels: Safe Parking
Use Allowed
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Safe Parking Use Allowed
¯
0 0.5 10.25 Miles
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Single-Room Occupancy Allowed
Parcel Count: 2,660
Total Acres: 969
Legend
City of Hayward
Parcels - Single
Room Occupancy
Allowed
Zoning
AT-C
CB
CC-C
CL
DT-MS
IG
IL
MB-CC
MB-CN
MB-NN
RH
UC
UN
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
# Commentor HMC Code Section Public Comment Staff’s Response 1 HCD 10-1.2736(a)(2)(g) In accordance with Government Code Section 65583 (a)(4)(B)(v), emergency
shelters are not required to be more than
300 feet apart.
Staff has amended Hayward
Municipal Code (HMC) Section 10-
1.2736 (a)(2)(g) accordingly.
2 HCD 10-1.3510 Permitted Uses shall be “Use by-right.” Clarify this within the regulations.
Staff has amended the “Permitted
Use” definition and cross-referenced
Government Code Section
65583.2(i).
3 HCD 10-1.3510 Clarify if “Tiny Homes” are permanent or temporary dwelling units.
Staff has amended the “Dwelling
Unit/Residential Unit Definition” to
clarify all dwelling units must be
permanent.
4 Staff 10-1.2736(a) Would an emergency shelter that is set-up in response to a natural disaster have to
conform with this? If so, some of the
proposed sites have the capacity to exceed
the number of beds.
No. Staff has revised the definition of
“Emergency Shelter” to clarify this
shelter is for individuals
experiencing homelessness.
5 Staff 10-1.2737 Should this say lower income households? Yes. Staff has revised section accordingly.
6 Staff 10-1.3510 Are residents of a group home paying for accommodations only or accommodations
and care?
Residential accommodations can
include care (i.e. nursing services,
meals, etc.). Through their licensing
program, the State Department of
Social Services determines what
accommodations are required.
7 Staff 10-1.3510 The explanation of "low-barrier" is unclear to me based on the examples provided in
the Low Barrier Navigation Center
definition. The examples seem to be
something a navigation center provides and
not what makes it low-barrier. My
This definition comes directly from
Government Code Section 65660 in
alignment with Housing Element
Action 13.6. In order to stay
consistent with State Law, staff will
keep the definition as is.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
understanding is that low barrier removes
or diminish historical barriers to entry such
as sobriety, identification requirements,
strict curfews, or complex referral or intake
processes.
8 Staff 10-1.3510 Should it say "employment" instead of "income" in the Low Barrier Navigation
Center definition?
See Comment #7.
9 Staff 10-1.3510 Does it need to be clear in the Safe Parking Definition that individuals and families are
allowed to sleep there? I see the cross
reference under Vehicle but might be good
if it is also included in this definition.
Staff clarified “Safe Parking”
definition to include allowances for
sleeping within vehicles and cross
referenced “Vehicle” definition here.
10 Staff General Why are there not three tiers for Unlicensed Group Homes like Licensed Group Homes?
City Council and the public had
concerns regarding changing
regulations for Unlicensed Group
Homes because there is no oversite
from the State Department of Social
Services. For this reason, staff did
not propose any changes to the
regulations for unlicensed facilities.
11 Staff 10-1.2736 (d) Do safe parking vehicles need to park in striped spaces?
Staff has clarified in HMC Section 10-
1.2736 (d)(4)(b) that all vehicles
shall be parked within a striped
parking space.
12 Public General Are there any disability access
requirements for Shelters?
Emergency Shelters will be required
to comply with any applicable
accessibility standards within the
California Building Code and
American Disability Act.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
13 Public General Will there be paratransit service to
shelters?
East Bay Paratransit provides
paratransit services within the City
of Hayward. They provide curb-to-
curb with door-to-door services
upon request.
14 Public General What is the intersection between these regulations and mental health?
The California Statewide Study of
People Experiencing Homelessness1
noted that about 66 percent of
individuals experiencing
homelessness have symptoms of a
mental health condition. The
proposed regulations aim to expand
housing options for Hayward’s
unhoused population where they
will have access to services and
conditions to improve their mental
health. Specifically, staff proposes
allowing “Psychiatric and
Rehabilitation Facilities” within the
Industrial and most Mission
Boulevard zoning sub-districts.
These facilities will provide 24-hour
psychiatric and rehabilitation care.
15 Public General I have been meeting with a team under the direction of Council Member Syrop. We are
meeting around housing. Maybe this is
something we can discuss as a team at that
meeting. Unfortunately, with my workload I
don't have the capacity to review all these
plans and make recommendations.
Staff is happy to present at that
meeting. These regulations were
under public review between
September 24, 2024, and October
21, 2024, and the regulations were
considered at public work sessions
with the City Council and Planning
Commission in early October prior
1 https://homelessness.ucsf.edu/our-impact/studies/california-statewide-study-people-experiencing-homelessness Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
I wish I could be of more help but I think
maybe we take time as a team to give the
best feedback from multiple sources.
to the adoption hearings in
December 2024 and January 2025.
16 Public General Thank you for sharing this and we would support all of these changes, however as an
agency that operates emergency shelter,
interim housing, and many permanent
supportive housing sites, the insurance
market would impact our ability to do some
of these things without risk that we would
be dropped by our insurance carriers.
This is just to say, that I don't have high
hopes that these changes would actually
result in additional resources for our
unhoused community members.
Acknowledged.
17 Public General I wanted to let you know what I have been working on here at CRIL in the housing
arena! First, we are very pleased that
Hayward housing staff is looking at a future
universal design ordinance! Anything we
can do on that front, please let me know!
Also, regarding the effort to move forward
the policy of supportive housing in the city,
that is something we are in favor of! For
mental health related housing, I believe that
story-telling and supporting the narrative
of service delivery is important when
advancing mental health projects! Too often
nimbyism gets in the way of these kinds of
projects! Regarding finding more shelter
and hotel space for short term housing, we
Acknowledged.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
need to be creative and work with a variety
of non-profits when placing consumers. For
group homes and other housing solutions in
the short-term space we need to emphasize
disability access and flexibility for our
senior population! Also, housing does not
exist in a vacuum. We need to consider the
needs of the whole person including food,
medical care and transportation among
other things! I hope this helps you and your
fellow council members when thinking
about the needs of seniors and persons with
disabilities when thinking about supportive
housing! Finally, I do want to say that I have
found city staff to be quite accommodating
and supportive and I am happy to work
with city staff to meet the needs of our
consumers!
18 PC General Housing Element Action 31.4 references
“By-Right” and Administrative Use Permit
processes. Can you please explain those?
Uses that are permitted “By-Right”
do not require any discretionary
permits.
An Administrative Use Permit (AUP)
is a discretionary permit that is
approved by the Planning Director,
unless appealed. All interested
parties and properties within 300
feet of the subject property are
notified when the City receives an
application. They are also notified
when the Planning Director makes a
decision and given a 15-day period
in which they can appeal the
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
decision. The application is
reviewed for compliance with
Zoning, Building, and Fire
regulations. Typically, AUPs include
conditions of approval that the
operator, property owner and
applicant need to comply with. The
AUP can be revoked, and the use will
be required to cease if the
conditions of approval are not
followed.
19 PC General As part of the Administrative Use Permit
process, will the neighbors be notified? Will
staff review the application for compliance
with Fire and Building Code regulations?
See Comment #18.
20 PC General Do the 512 homeless identified in Hayward include individuals living in Shelters, SROs,
or Group Homes?
This count includes individuals in
shelters however, it does not include
individuals living in SROs or Group
Homes.
21 PC General With these regulations, are we trying to find services for individuals just in Hayward or
the region?
The project does not include the
creation or funding of services.
Eligibility for services is typically
determined by funding and need.
22 PC General Were the City Emergency Resolutions
needed to remove zoning barriers?
Yes. Many of the City’s current
zoning regulations serve as barriers
to meaningful serving our unhoused
population. The proposed
regulations aim to address these
barriers.
23 PC 10-1.3510 Why were the Boarding Home and
Fraternity/Sorority uses being removed?
The “Boarding Home” and
“Fraternity/Sorority” uses are
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
already included in the Group Home
definition.
24 PC 10-1.2736 (d) Where will Safe Parking residents go between 10 am and 5 pm?
Safe Parking residents will be
required to leave the Safe Parking
site between 10am and 5pm. It is
likely that Safe Parking residents
will drive their vehicle to their jobs,
services, or other locations to
complete daily tasks.
25 PC 10-1.2736 (d) Will Safe Parking residents be allowed to reserve their spots?
This will be up to the Safe Parking
operator and will need to be
disclosed to staff during the AUP
process.
26 PC 10-1.2736 (d) Are the Safe Parking regulations designed to only serve Hayward residents?
All surrounding jurisdictions
including unincorporated Alameda
County, Union City and Fremont
have safe parking programs.
Therefore, it is likely any Safe
Parking operation in Hayward will
predominately serve Hayward
residents.
27 PC 10-1.2736 (d) How long can Safe Parking residents be enrolled in the program?
There is no limit on enrollment
within the proposed regulations.
However, service providers could
create a limit if needed.
28 PC General Were the unhoused population directly
contacted to comment on this project?
No. However, staff contacted service
providers which have direct contact
with the unhoused population and
reviewed relevant research
including but not limited to
California Statewide Study of People
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
Experiencing Homelessness and the
2024 Point-In-Time Count2.
29 PC 10-1.2736 (d) Have we explored the use of portable restrooms for Safe Parking?
Yes. Staff has modified HMC Section
10-1.2736(d)(4)(e) to allow for
temporary bathroom facilities.
30 PC 10-1.2736 (e) Will existing hotels be able to meet all the SRO regulations?
It is likely existing hotels with some
minor alterations would be able to
meet all the SRO regulations
identified in HMC Section 10-
1.2736(e). This is because the
requirements for hotels and SROs
are very similar.
31 PC 10-1.2736 (a) Why is there a distance requirement for Emergency Shelters but none of the other
uses?
Government Code Section 65583
limits cities from developing
objective standards for Emergency
Shelters unless the standards are
related to number of beds, parking,
intake areas, onsite management,
length of stay, lighting, security and
proximity to one another. Due to this
limitation, staff thought it was
important to include a minimum
distance requirement. Furthermore,
a distancing requirement will ensure
certain neighborhoods do not have a
disproportionate amount of
Emergency Shelters.
32 PC General Why was Winters selected as an example
for the SRO regulations?
Through staff’s research, there were
very limited jurisdictions within the
Bay Area that had SRO regulations.
While, Winters, located in Northern
2 https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/ Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
California, has robust and clear
regulations aimed at housing their
migrant farm worker population.
33 PC 10-1.1603 Why were the Psychiatric and
Rehabilitation Facility permitted in the
Industrial Districts?
Psychiatric and Rehabilitation
Facility are typically institutional
facilities where individuals are not
permitted to leave the facility during
their stay. Unlike the other proposed
uses, these facilities operate as
institutions that do not need to be
located near commercial
development, transit, or open space.
As such, the Industrial Districts
seem appropriate for this use.
34 PC 10-1.3510 Why was the definition of “Family”
removed?
The definition of “Family” is not
needed within the Zoning Code.
35 PC General If a hotel is converted into an SRO, will the Transit Occupancy Tax still apply?
No.
36 PC General Housing Element Action 13.3 requires
supportive housing to be permitted “by-
right” which would allow projects to by-
pass the Planning Commission. For this
reason, I am opposed to allowing additional
by-right uses. Otherwise, I am supportive
of all the other regulations.
The only proposed “by-right” uses
within the regulations are for Small
Licensed Group Homes, Emergency
Shelters, and Low-Barrier
Navigation Centers
Welfare and Institution Code Section
5116 requires local jurisdictions to
allow Group Homes with up to 6
individuals by-right. Staff is
proposing allowing Licensed Group
Homes with up to 8 individuals by-
right. Staff is proposing this because
Licensed Group Homes are already
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
heavily regulated by the Department
of Social Services.
Government Code Section 65583
and 65662 require local
jurisdictions to allow Emergency
Shelter and Low Barrier Navigation
Centers by-right.
37 PC General Why are service providers not attending
meetings and advocating for these changes?
Staff is not responsible and can not
require service providers to attend
public hearings. All interested
parties were notified of the hearings
directly from staff.
38 PC General All of these uses require review and
enforcement to ensure compliance. I am
worried about the costs and staffing
implications of this.
The permit application costs cover
city staff’s time to review and
process applications.
Code Enforcement staff recovers
staffing costs through fines and the
Rental Inspection Programs fees, as
applicable. Additionally, the
responsibility of enforcement will
not be fully on city staff as many of
these uses requiring licensing and
oversite from State departments.
Furthermore, the cost of inaction is
greater. A study3 conducted in Santa
Clara County found that the County
spent $62,473 annually providing
services to each unhoused
3 https://osh.sccgov.org/continuum-care/reports-and-publications/cost-homelessness-silicon-valley Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
individual. Once an individual was
placed into housing, the cost
decreased to $42,706 annually.
39 PC General I don’t believe an Administrative Use
Permit is appropriate for the Safe Parking
use. I would prefer Planning Commission or
City Council approval.
City Council was supportive of
allowing Safe Parking with an AUP.
See Comments #53, 59 and 82.
40 PC General I am concerned about the revenue losses
that will occur if we allow hotels to convert
to SROs.
In Fiscal Year 2025 (FY25), the City
of Hayward projects $3,125 in
revenue from the Transit Occupancy
Tax which is 0.7% of City’s total
revenue4. Therefore, it is unlikely
that the conversion of hotels into
SROs will result in meaningful losses
in revenue.
41 PC General Besides my previous comments (See
Comments # 38-41), I am supportive of all
the other regulations.
Acknowledged.
42 PC General In general, I am supportive of the draft regulations. However, I would like to see
some flexibility added to allow for
modification of these regulations in the
future.
All regulations can be modified with
City Council approval if needed and
to ensure consistency with State
Law.
43 PC General Has there been any consideration to
converting St. Regis?
In December 2022, Bay Area
Community Services (BACS)
acquired the St. Regis property to
convert it to a multi-service campus
that will include interim housing,
permanent housing, supportive
housing, a health clinic and a
substance use treatment center. The
4 https://www.hayward-ca.gov/your-government/documents/budget-documents Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
state-funded facility is expected to
open at the end of 2025.
45 PC General Who is going to pay for these
developments?
This project does not include the
construction of any facilities. These
uses and developments will be
proposed and funded by applicants
and may include federal, state, local
or private funding.
46 PC General The regulations are complicated, and all the uses are so different. Is there any way we
considered each of the uses separately?
No. The City of Hayward is required
to adopted regulations to address
Housing Element Actions 13.1, 13.3,
13.4, 13.5, 13.6, 12.7 and 19.11 by
January 31, 2025.
If the City of Hayward fails to do so,
our Housing Element will be out of
compliance. This would leave the
City susceptible to builder’s remedy
applications and potential lawsuits.
47 Public General Why were the five community meetings in May private?
These meeting were not private.
Interested parties were invited to
attend.
48 Public General Will these facilities be built and funded by the cities? If it is a city-project, how will it
be funded?
See Comment #45.
49 Public General I don’t believe the State has the right to mandate these things. I believe we should
speak with the City Attorney about fighting
this mandate. High density and low-income
housing are ruining this City.
See Comment #49.
50 Public General I think we should remove parking
requirements for SROs near public-transit
In accordance with HMC Section 10-
2.420 (b), no parking requirements
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
facilities. I also think we should include bike
parking requirements for SROs. I think high
density housing makes our City more
efficient, reduces costs and more
sustainability.
will be enforced for any
development, including SROs, within
a half mile of a major transit stop.
Bicycle parking requirements were
added for SROs in HMC Section 10-
1.2736(e)(3)(h).
51 CC 10-1.2736(e) Why was the High-Density Residential zoning district selected for SROs? Could we
consider allowing SROs in the Medium-
Density Residential or Low-Density
Residential zoning districts?
SROs have similar form to
apartment buildings which are
permitted within the High-Density
Residential zone. Furthermore, the
High-Density Residential zoned
properties typically are close to
commercial development, transit
and open space which will be
beneficial to residents of an SRO.
Staff does not believe the typical
scale or intensity of SROs would be
appropriate in the Medium Density
Residential or Low-Density
Residential zoning districts.
However, these districts allow for
Group Homes which can operate
similarly to an SROs but in a smaller,
more appropriate form.
52 CC General Are there other zoning districts along W Jackson Steet, Harder Road, Industrial
Parkway, Tennyson Road to allow these
uses?
Some of the proposed uses will be
allowed along these major
throughfares. For example,
Psychiatric and Rehabilitation
Facilities will be permitted in some
properties along W. Jackson Street
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
and Industrial Parkway. SROs will be
permitted on some properties on
Harder Road, W. Jackson Street and
Tennyson Road.
However, these areas are not
appropriate for all the uses since
they are not as transit rich as
Mission Boulevard or Downtown.
53 CC General I am supportive of the recommendations
including allowing hotels convert to SROs.
The City spends tax dollars responding to
the homelessness crisis and loses revenue
when individuals are on the street. I think
they will be immense savings from getting
individuals housed.
Acknowledged.
54 CC General We need to do something to address the
homelessness crisis. We cannot do nothing.
One way to address this crisis is to allow for
these uses.
Acknowledged.
55 CC General I would like to keep the SRO regulation as written. I do not want to allow this use in
the Medium-Density Residential or Low-
Density Residential zoning districts.
Acknowledged. Staff will not allow
SROs in Medium-Density Residential
or Low-Density Residential zoning
districts.
56 CC General If a problem arises with an Administratively Permitted Use, what can we do?
The community can report problems
through Access Hayward. City Staff
will enforce all applicable conditions
of approval. If nuisances remain,
Staff can revoke an AUP and require
the use to cease immediately.
57 CC General I am a bit concerned about allowing up to 8 residents by-right in a Licensed Group
Home. Will this depend on the size of the
The home will be required to meet
all applicable requirements in the
California Building Code and
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
home? Will neighbors get the opportunity
to comment on a new group home?
licensing requirements from the
Department of Social Services.
With the exception of all Small
Licensed Group Homes and Small
Unlicensed Group Homes, the
neighbors will be notified and given
the opportunity to comment on a
new Group Home.
58 CC General How can the community be proactive and
involved with projects before they are
approved?
Community members can reach out
to the Planning Division at
[email protected]
to be added to the interested parties
mailing list to be notified of all new
discretionary projects within the
City of Hayward.
59 CC General I like all the recommendations. I support the zoning amendments.
Acknowledged.
60 CC General Have any tiny homes been constructed? City Staff has reviewed and approved a couple tiny home
developments. However, only one
project has been constructed.
61 CC General Have we spoked to any other jurisdictions about converting hotels to SROs?
Many California jurisdiction have
been allowing this. For example,
Sacramento allowed the conversion
of Hotel Berry into 712 SROs unit in
2012. Los Angeles allowed the
conversion of the Rosslyn into 264
SRO units for the homeless, with 93
set aside for those with mental
illness and 74 for homeless veterans.
Many jurisdictions including San
Diego, San Fransisco and Oakland
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
have passed regulations to ensure
SROs are protected from be
converted to other uses.
62 CC General Do we know how many hotels would want
to convert to an SROs?
No. However, it is likely only older
hotels would take advantage of this
allowance since they tend to be less
competitive with newer hotels.
63 CC General Would trailers or campers be allowed as
part of the Safe Parking use?
Yes, recreational vehicles and
trailers will be allowed in Safe
Parking facilities. However, as
proposed, no hook-up will be
permitted.
64 CC General How we going to address the issue of
unhoused that are not interested in
housing?
This is outside the scope of this
project.
65 CC General How could we raise revenue to counteract the potential loss in Transit Occupancy Tax
if hotels convert to SROs?
See Comment #40. City Staff is
currently working on some
commercial zoning updates which
will likely promote economic growth
within Hayward.
66 CC General There are several new hotels being
constructed in the City. My understanding is
the regulation allowing hotels to convert to
SROs are aimed at older hotels and motels.
Could a hotel or motel be partially
converted in an SRO?
That assumption is correct. Yes, a
hotel or motel could be partially
converted to an SRO.
67 CC General For the Room Key program, was the hotel
still open and operational? Or were all the
rooms used for the program?
Room Key was a state-sponsored
program implemented in response
to the COVID-19 pandemic. The
State and County leased motel
rooms for unhoused individuals to
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
reduce exposure risk. The Room Key
program is no longer in operation.
68 CC General The Public may not be tracking the notices.
I believe there needs to be a more robust
outreach process for Administrative Use
Permits.
This is outside the scope of this
project as noticing requirements are
set by State Law and the Municipal
Code. At City Council’s direction,
Staff can reevaluate its noticing
requirements.
69 CC General Has there been any engagement or
response to the issues occurring at the
Depot Road project? Who is managing the
Depot Road project?
The Depot Road project is an
affordable housing development,
managed by the John Stewart
Company. Issues can be referred to
Code Enforcement or Hayward
Police, as appropriate.
70 CC General Staff should compel service providers and members of the public to attend Public
Hearings for this project.
See Comment #37
71 CC General Can we have an update on the Foothill
Action Plan? We have been having issues on
Mission and in Downtown. I am worried we
are not ready for these zone changes.
An update on the Foothill Action
Plan will be provided to City Council
soon. The Foothill Action Plan is not
a planning-related project. There is
no zone changes proposed as part of
this project.
72 CC General How has the County been involved in this project? How do they manage their
facilities? How often do they inspect their
facilities? I don’t believe they have a great
track record. I would like them to identify a
point- person to address our concerns.
City Staff shared draft amendments
with County Staff, and they did not
provide comments. County
management and facility inspections
is outside the scope of this project.
This comment has been referred to
the City’s Manager Office.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
73 CC General What does management look like for a Safe Parking operation? What happens if
problems arise?
The management of the Safe Parking
facility will have to be clearly
described within a Management
Plan. The Management Plan will
have to explain the operation, rules
and safety measures. This plan will
be reviewed by City Staff.
The community can report problems
to Code Enforcement through Access
Hayward. City Staff will enforce all
applicable conditions of approval. If
nuisances remain, Staff can revoke
an AUP and require the use to cease
immediately.
74 CC General I would like to add a point system to
encourage mixed-use development for
SROs and Shelters.
Staff does not recommend adding
additional requirements for SROs
because it will increase development
costs. Furthermore, SROs are
proposed to be located in
predominately mixed-uses area with
commercial and open space
development.
In accordance with Government
Code Section 65583, the City is not
allowed to require amenities or
mixed-uses for shelters.
75 CC General I was wondering if we could explore
allowing pump out services for Safe Parking
uses.
This is not explicitly prohibited
within the regulations. It can be
elevated on a case-by-case basis
through the AUP process.
76 CC General The proposed regulations require Safe
Parking on paved surfaces. Why is this a
This is a standard requirement that
all parking lots be paved with Class
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
requirement? Is there a less expensive
surface we could require?
B, Portland Cement Concrete, or a
minimum 3 inches of asphaltic
concrete over a minimum of 4
inches of aggregate base or
comparable all-weather and dustless
material. There is less expensive
surface that could be required.
77 CC General I would like to see bike parking promoted in all these uses.
Cal Green will require bicycle
parking for many of the proposed
uses. However, the Cal Green
requirements may not be applicable
to hotels converting to SROS.
Therefore, staff added bicycle
parking requirements for SROs in
HMC Section 10-1.2736(e)(3)(h).
78 CC General I like the 5pm to 10am hours of operation for Safe Parking uses. I think this aligns
with community feedback.
Acknowledged.
79 CC General I appreciate these regulations. This will give the City a lot of tools to help solve the
housing and homelessness crisis. SROs are
proven models that help quickly house
individuals.
Acknowledged.
80 CC General Do the restrooms need to be permanent for Safe Parking uses?
See Comment # 29
81 CC General What are your thoughts on requiring
security measures for Safe Parking?
Security measures for Safe Parking
operations will need to be identified
within the Management Plan. Some
examples are lighting, security
cameras, and security guards.
82 CC General The more regulations we require the more
we disincentive these types of
Acknowledged.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
developments. For this reason, I am
supportive of allowing these uses with an
Administrative Use Permit.
83 CC General How will these regulations be
implemented? Will service providers be
engaged?
Staff is planning to host workshops
with service providers following
adoption of the new regulations.
84 CC General How will we hold operators accountable to avoid service degradation?
For uses that require Use Permits,
staff crafts strict conditions of
approval to minimize nuisances and
ensure high quality services. For city
funded services, staff conducts
regular contract monitoring to
ensure high-quality services are
being provided.
85 CC General This project is focused on zoning and the law side of housing. This project will create
tools to help address this crisis. The
regulations demonstrate the City’s
compassion toward vulnerable community
members.
Acknowledged.
86 CC General I want to be sure we have accountability and high standards as we are allowing for
these uses.
Acknowledged. Staff believes the
proposed regulations reflect these
sentiments.
87 CC Safe Parking Why do Safe parking sites have operating hours set by the City rather than the facility
owner? While the 5pm-10am hours are
very generous compared to the 10pm-5am
some facilities enforce, it discourages being
used by those that might need it most,
favoring those with operating vehicles and
the means to operate them (gas, insurance,
tags, a driver license, etc.). It also means
those folks are pushed back onto the streets
Staff proposed operational hours to
minimize nuisances and ensure the
site can still accommodate its
daytime users. The operational
hours ensure that vehicles are
consistently moving off site and
remain operable to avoid the
cumulation of broken-down
cars/waste on-site. Most of the sites
where this use would be allowed are
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
to find a place to park until they can return
at night, perhaps subject to parking fines,
fixit tickets, break downs, etc.
embedded within existing
neighborhoods and currently
operate other uses during the day
(i.e. faith-based organization, school,
non-profit). The operational hours
ensure that those uses still have
adequate parking. Please note the
regulations as currently drafted
allow the Planning Director to
authorize different operational
hours through the Use Permit
process (HMC Section 10-1.2736
(d)(4)(g). Therefore, if a property
owner/facility operator wanted
different hours, it would be easy to
request and staff could evaluate on a
case-by-case basis.
88 CC Safe Parking Who is responsible if a vehicle becomes permanently or temporarily inoperable at a
Safe parking site? The property
owner/facility operator? Are we expecting
HPD to enforce having vehicles leave?
The property owner/facility
operator will be responsible if a
vehicle becomes inoperable.
If the property owner/facility
operator is not following the
regulations, Code Enforcement will
be responsible for enforcement, not
HPD.
89 CC Safe Parking Why not let the site operator set the hours and duration of stay (perhaps subject to
case management)? And let them decide
how to enforce parking rules as apartment
complexes do? If we do these things, would
our ordinance also need to specify that Safe
See Comment #87. There is no limit
on total duration of enrollment for
individuals in a safe parking
operation. The property
owner/facility operator could set a
limit if they desired.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
parking sites are exempt from rental
housing and eviction laws?
The regulations do not need to
specify that safe parking operations
are exempt from rental
housing/eviction laws because they
are not considered dwelling units.
Only dwelling units are subject to
those regulations.
Attachment VI