ATTACHMENT II
ORDINANCE NO. 25-______
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE)
OF THE HAYWARD MUNICIPAL CODE REZONING A PROPERTY TO THE LOW DENSITY RESIDENTIAL -MINIMUM LOT SIZE 10,000 S Q. FT. DISTRICT IN CONNECTION WITH ZONE CHANGE APPLICATION NO. MTA-25-0002
WHEREAS, on May 19, 1987, the City Council approved the Mission -Garin Neighborhood Plan which changed the General Plan Land Use Designation from Agriculture (A) to Low Density Residential (LDR) at 900 Calhoun Street (Assessor’s Parcel Number (APN) 078C-0647-001-02) which rendered it inconsistent with the zoning; and
WHEREAS, on July 3, 2025, Aman Poyh ar, submitted Zone Change Application No.
MTA-25-0002, to rezone an existing parcel Agriculture (A) District to Low Density Residential- Minimum Lot Size – 10,000 square feet (RLB10) District located subject property referenced above; and
WHEREAS, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan and certified by the City Council on July 1, 2014 pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168. In accordance with Section 15164 of the CEQA Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if changes are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. The Program EIR covers the subject zoning map amendments, and the said amendments are fully consistent with the General Plan Land Use designation. Future development would undergo site and project specific review. No further environmental review is necessary; and
WHEREAS, on August 29, 2025, notice of the City Council public hearing related to the proposed project was published in The Daily Review; and
WHEREAS, on September 4, 2025, notice of the City Council public hearing related to the proposed project was mailed to all property owners and residents within 300 feet of the project site as well as those who requested such notice; and
WHEREAS, on September 25, 2025, the Planning Commission held a duly noticed public hearing on the proposed project and voted 6:1 to recommend City Council’s denial of the project; and
WHEREAS, on October 21, 2025, the City Council held a public hearing and accepted public testimony on the proposed project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
Section 1. Provisions.
Chapter 10 of the Hayward Municipal Code is hereby amended to rezone one parcel located at 900 Calhoun Street (Assessor Parcel No. (APN) 078C-0647-001-02), to the Low Density Residential-Minimum Lot Size 10,000 s q. ft. District, subject to the findings and conditions of approval set forth in the companion Resolution (No. 25-___) to this Ordinance.
Section 2. Severance.
Should any part of this ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond authority of the City, such decision shall not affect the validity of the remainder of this or dinance, which shall continue in fu ll force and effect, provided the remainder of the ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.
Section 3. Effective Date.
This ordinance shall become effective immediately upon adoption.
INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2025, by Council Member __________________________.
ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2025, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: _______________________________________
Mayor of the City of Hayward
DATE: _____________________________________________
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward