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HAYWARD CITY COUNCIL
RESOLUTION NO. 25-___
Introduced by Council Member _________
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE A
COMMERCIAL CANNABIS RETAIL DISPENSARY IN A VACANT TENANT SPACE IN A SHOPPING CENTER AT 21463 FOOTHILL BOULEVARD
WHEREAS, in 2015, the State of California enacted a comprehensive regulatory framework (Assembly Bills AB 243 and AB 266 and Senate Bill SB 643, collectively referred to as the Medicinal Cannabis Regulation and Safety Act or “MCRSA”, for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery and testing of medicinal cannabis throughout the state; and
WHEREAS, on November 8, 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA), which legalized adult possession, cultivation and use of cannabis for non-medicinal (recreational) purposes and created a regulatory framework for recreational cannabis businesses; and
WHEREAS, On June 15, 2017, the State enacted SB 94, the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA), which consolidated provisions of the MCRSA into the regulatory framework of the AUMA, thereby creating a unified regulatory system for adult medicinal and recreational cannabis use. MAUCRSA specifically authorized local jurisdictions to adopt and enforce local ordinances to regulate cannabis busine sses licensed in accordance with state law, including local zoning and land use regulations, and business license requirements; and
WHEREAS, on October 30, 2017, and November 28, 2017, the City Council enacted new regulatory and land use ordinances author izing cannabis businesses in certain zones throughout the City, subject to compliance with local and state regulations; and
WHEREAS, on July 17, 2018, Esther Lopez ( doing business as “ Aunty Honeys”) was selected as one of three commercial cannabis retail dispensary operators approved for a Commercial Cannabis Business Permit (CCBP) by the City Council; and
WHEREAS, on March 3, 2020, the City C ouncil approved Conditional Use Permit Application No. 201806127 allowing Ms. Lopez to operate the Aunty Honeys retail dispensary at 1147 B Street in downtown Hayward; and
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WHEREAS, Ms. Lopez was ultimately unable to commence business at the approved location at 1147 B Street due to complications that arose with the property owner related to the leasing of the pro perty and, instead, chose to look for a new location as well as partner with another operator, Angilbert Sarkis, who has experience operating retail dispensaries throughout the state and could assist with the financing and management of the business; and
WHEREAS, on April 17, 2025, Ms. Lopez and Mr. Sarkis, as co -applicants doing business as “Phenos Hayward,” filed Conditional Use Permit Application No. UP-25-0011 to operate a new retail dispensary at the subject location at 21463 Foothill Boulevard; and
WHEREAS, on September 25 , 2025 , the Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit application for the proposed commercial cannabis retail dispensary , received public testimony, and voted 5-1 (with one Commissioner recusing) to forward the matter to the City Council with a recommendation for denial; and
WHEREAS, on December 5 , 2025, notice of a public hearing was published in the manner required by law , and said hearing was duly held by the City Council and public testimony was received on December 16, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Of Hayward hereby finds and determines as follows:
CALIFORNIA ENVIRONMENTAL QUALITY ACT
1. The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities, which exempts projects that utilize existing structures while only making minor interior and/or exterior modifications to them. The proposed project involves only minor alterations to the interior of an existing commercial building with no expansion of the subject tenant space.
CONDITIONAL USE PERMIT
A. The proposed use is desirable to the public convenience or welfare;
The proposed use is desirable for the public convenience and welfare in that it would result in the establishment of a legal retail outlet for cannabis -based products in a large tenant space in a shopping center located on one of the City’s main commercial thoroughfares that has remained vacant since the previous retail tenant moved out .
Cannabis retail sales are a significant contributor to the City’s sales tax base and legal medicinal cannabis-based products can provide relief for people suffering from pains and various ailments safely.
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B. The proposed use will not impair the character and integrity of the zoning district and surrounding area;
The proposed use would occupy the anchoring tenant space in a shopping center that has been vacant for nearly two years. Furthermore, establishment of the proposed dispensary could provide spillover economic benefits to nearby businesses from its patrons. As conditioned, the applicant will be required to adhere to several operational conditions of approval and implement numerous safety and security measures crafted to mitigate any negative impacts and curtail any possible illegal activity that could have an adverse effect on public safety and welfare, as well as the surrounding businesses.
C. The proposed use will not be detrimental to the public health, safety or general welfare.
The proposed project, as conditioned, will not be detrimental to the public health, safety, or general welfare in that establishment will be subject to the regulations and requirements prescribed by the State Department of Cannabis Control (DCC) for a retail dispensary, as well as all fire, building/life safety codes, as applicable . In addition, the conditions of approval will require the applicant to control cannabis odors so that they undetectable outside the premises, and implement the following safety/security measures to the satisfaction of the Hayward Police Department: 1) have two professionally licensed security guards on the premises during all business hours to monitor the main entrance and back of house; 2) utilize computerized identification scanners on all customers who enter the establishment to check identifications and ensure that no underage patrons enter the establishment; 3) install a professionally -monitored security alarm s ystem for the establishment and commercial-grade locks on all windows and doors; and 4) prohibit individuals from loitering or ingesting purchased products around the premises. Finally, the applicant will be required to operate a c losed-circuit television (CCTV) surveillance camera system within and around the perimeter of the establishment 24 hours a day and make the video footage available to the Police Department upon request. Violations of any of the conditions of approval or th e restrictions of the DCC or the City of Hayward may result in the revocation of the business license and this Conditional Use Permit at the expense of the applicant.
D. The proposed use is in harmony with applicable City policies and the intent and purpose of the zoning district involved.
The proposed use is in harmony with the applicable City policies and the intent and purpose of the zoning district involved in that the subject site is located within the General Commercial (CG) zoning district and is d esignated as Commercial/High Density Residential (CHDR) in the Hayward 2040 General Plan. The CG zoning district allows commercial cannabis retail dispensaries subject to approval of a Conditional Use Permit. The CHDR General Plan land use designation applies to properties along
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the City’s major commercial thoroughfares and prescribes policie s which are intended to ensure the provision of a wide variety of retail goods and professional services for the City’s residents and workforce. Allowed uses under the CHDR land use designation include retail shops, restaurants and commercial services as w ell as professional offices and higher density residential uses. The proposed use will add a new specialized retail establishment for adults who choose to purchase legal cannabis products for personal use, consistent with the following goals and policies o f the Hayward 2040 General Plan:
Land Use Policy LU-5.1 – Mix of Uses and Activities. The City shall encourage a mix of retail, service, dining, recreation, entertainment, and cultural uses and activities in regional and community centers to meet a range of neighborhood and citywide needs.
Economic Development Goal ED -1: Diversify the econ omic base of Hayward to support a robust and stable economy with a diverse range of employment, shopping, and cultural opportunities for residents.
Economic Development Goal ED -1.4: The City shall establish business attraction efforts that focus on small a nd medium -sized businesses with emerging and growing business sectors.
Community Safety CS-1.12 – On-Site Security. The City shall require conditions of approval related to the provision of on-site security and safety measures for bars, nightclubs, live en tertainment businesses, and related uses. Conditions shall promote a healthy balance of public safety and nightlife vibrancy, and may include surveillance cameras, crowd management practices, and on-site security staff.
Additionally, as conditioned, the proposed use will also be required to operate in strict accordance with various safety and security measures prescribed by the Hayward Police Department to minimize any negative impacts to adjacent properties or uses, and deter criminal activity associated with the business, including theft, loitering and underage purchasing/consumption.
COMMERCIAL CANNABIS BUSINESS
A. The proposed cannabis use will not be detrimental to the public health, safety or general welfare in that the cannabis operation is situated in an appropriate location where sensitive land uses will not be adversely impacted.
The subject tenant space which the retail dispensary will occupy was previously occupied by a Walgreens drugstore, the anchor tenant space for a medium -sized neighborhood shopping center also containing a donut shop, dental office and martial arts studio t hat offers classes for students of all ages. The shopping center is situated along Foothill Boulevard, a major commercial thoroughfare that offers a wide variety of commercial and service uses, including Lincoln Landing, a large mixed-use development, and a major shopping center anchored by a Safeway supermarket, motels, and several restaurants, shops and professional offices. A
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retail cannabis dispensary would be a compatible use with the other commercial and service uses located along the boulevard, and c onditions of approval have been included requiring robust security measures designed to deter criminal activity that could adversely impact the adjacent businesses and residential uses.
B. Appropriate measures have been taken to address nuisances related to odor, noise, exhaust, and waste related to the cannabis operation.
Conditions of approval have been included that will require the dispensary operators to store and distribute its products and dispense waste securely in order to prevent theft, diversion, and public nuisances. Odors and exhaust will not be applicable to the business since no cultivation or manufacturing activities will be conducted on the site.
C. The cannabis operation is designed to be safe, secure, sustainable and aesthetically compatible with the surrounding area.
The proposed use would occupy an existing tenant space that has been vacant for the last two years, thereby supporting retail activity in Hayward which could have spillover economic benefits for the surrounding businesses from i ts customers. The dispensary will be required to comply with several robust security-related conditions of approval intended to deter break-ins and other illegal activity at the premises that could jeopardize public safety and the security of the neighbori ng businesses in the shopping center and nearby residences.
D. The cannabis operation will not place a burden on the provision of public services disproportionate to other industrial or commercial uses.
A set of robust operational conditions of approval and security requirements crafted by the Hayward Police Department will be imposed upon the proposed use which are designed to help deter criminal activity and minimize the burden on everyday police services. These conditions and operational requirements are similar to those placed on other recently -approved cannabis businesses and, as such, will help ensure that this particular dispensary does not place a disproportionate burden on public safety services compared to other similar cannabis-based uses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the findings in support of approval of Conditional Use Permit Application No. UP-25-0011, subject to the Conditions of Approval cont ained in this Resolution.
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IN COUNCIL, HAYWARD, CALIFORNIA, ___________________________.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
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CITY OF HAYWARD PLANNING COMMISSION
CONDITIONAL USE PERMIT APPLICATION NO. UP-25-0011
PHENOS HAYWARD CANNABIS DISPENSARY - 21463 FOOTHILL BLVD.
CONDITIONS OF APPROVAL
General Conditions
Planning
1. The applicant shall assume the defense of and shall pay on behalf of and hold harmless the City, its officers, employees, volunteers and agents from and against any or all loss, liability, expense, claim costs, suits and damages of every kind, nature and description directly or indirectly arising from the performance and action of this permit.
2. The retail dispensary shall operate in accordance with these conditions of approval and the approved Project Plans prepared by PQ Design Studio Inc. dated June 12, 2025, and the approved Business and Operations Plan prepared by Gream Enterprises, Inc. DBA Phenos Hayward submitted on Apr il 17, 2025. Any future changes to the approved plans and Business and Operations Plan may require the submittal of a new application for a Conditional Use Permit and shall be subject to additional review and approval by the City prior to their implementation.
3. Failure to comply with any of the conditions set forth in this approval, or as subsequently amended in writing by the City and agreed to by the applicant, may result in failure to obtain a Building Final and/or Certificate of Occupancy until full compliance is achieved. The City’s requirement for full compliance may require minor corrections and/or complete demolition of a non -compliant improvement regardless of costs incurred where the project does not comply with the design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. The applicant acknowledges that the conditions set forth in this approval are not intended to supersede any obligations imposed pursuant to Chapter 6, Article 14 of the Hayward Municipal Code (HMC) related to commercial cannabis permits, as it may be amended from time to time.
4. The applicant/business owner, property owner or designated representative shall allow the City’s staff to access the property for site inspections to confirm all approved conditions have been completed and are being adhered to in compliance with all adopted City, staff and federal laws.
5. The applicant/business owner shall obtain a sign permit prior to the installation of any new signage on the exterior of the building.
6. The applicant shall continue its efforts to find local non -profit organizations that are willing and able to accept a portion of the $100,000 which it has committed to provide as part of the approved community benefits package, and shall n otify the Planning Division and provide proof of payment when it has found such entity/ies.
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7. The applicant/business owner shall only employ persons at least 21 years of age and shall keep employment records that include each employee’s proof of age. Said records shall be provided to the City upon request.
8. The retail dispensary shall have an on -site business manager at all times who is responsible for overall operation whenever employees are conducting operations and shall provide the City with the contact information for such person(s), including mobile telephone numbers and email addresses. The applicant/business owner shall also provide the City with the name and contact information of at least one (1) manager who can be reached 24 hours a day in case of an emergency.
9. The applicant/business owner shall maintain records of all sales transactions in accordance with the requirements of state law.
10. No person shall be permitted to enter the retail dispensary without government-issued photo identification. The retail dispensary shall not offer cannabis or cannabis products to any underaged person or any person, whether by purchase, trade, gift or otherwise, who does not possess a valid government -issued photo identification card or a valid physician's prescription under Section 11362.712 of the Health and Safety Code.
11. The retail dispensary shall be designed to prevent unauthorized entrance into areas containing cannabis or cannabis products. Limited access areas accessible to only authorized personnel shall be established.
12. Commercial cannabis and cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
13. The retail dispensary shall not have an on-site or on-staff physician to evaluate patients and provide a recommendation for medical cannabis.
14. The business owner shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and other areas surrounding the premises during business hours, if directly related to the patrons of the retail dispensary. For the purposes of this condition, “reasonable steps” shall include calling the police in a timely manner, and requesting those engaging in nuisance activities to cease those activities unless personal safety would be threatened in making such a request.
15. The retail dispensary shall maintain a copy of the valid operating Conditional Use Permit and Commercial Cannabis Business Permit issued by the City on display during business hours and in a conspicuous location so that it may be readily seen by all persons entering the facility.
16. No on-site consumption of cannabis or cannabis products is permitted at any time.
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17. The permitted business hours shall be from 9:00 AM to 8:00 PM, seven days a week.
Any changes to the approved business hours shall require prior approval of the City of Hayward Development Services Director and Police Chief, or their designees.
18. Storefront windows shall be kept free and clear of all interior or exterior obstructions including, but not limited to, display cases, curtains, black-out window tinting, signage, posters or any other methods of obstructing or obscuring natural light and clear views into the tenant space.
19. No cannabis odors shall be detectable outside of the retail dispensary. The applicant/business owner incorporate and maintain adequate on -site odor control measures such that any cannabis -related odors cannot be readily outside of the dispensary or within any adjoining businesses within the subject shopping center.
20. No Commercial Cannabis Business Permit or use permit issued by the City pursuant to Chapter 6, Article 14 and Chapter 10, Article 1 of the HMC shall be sold, transferred, or assigned by the permittee or by operation of law, to any other person without prior approval of the City, pursuant to the limitations outlined in HMC Section 10 -1.3604.
Any such sale, transfer, assignment, attempted sale, attempt ed transfer or attempted assignment without prior approval of the City shall constitute a violation of this Article and result in immediate revocation of the permit and the permit shall thereafter be null and void. Transfers of ownership interests that res ult in new majority ownership are not permitted and operators will be required to re -apply for a new commercial cannabis permit, consistent with the provisions outlined in HMC Chapter 6, Article 14.
Any transfer of ownership or operational control of a com mercial cannabis business which results in a lapse of normal operations for a period of six (6) months or more shall be required to obtain a new use permit, consistent with HMC Sections 10-1.3170 or 10-1.3270, as applicable. Any changes to the approved bus iness name, changes to the product marketing, and/or rebranding of the commercial cannabis business shall be subject to review and approval by the City prior to any changes.
21. The City may require modification, discontinuation or revocation of this Conditio nal Use Permit if it determines that the retail dispensary is being operated in a manner that:
(a) adversely affects the health or safety of persons living or working or patronizing the other businesses in the area surrounding the dispensary; (b) contribut es to or creates a public nuisance in the opinion of the City Manager and/or Chief of Police; (c) has resulted in excessive nuisance activities, including disturbances of the peace, illegal drug-related activity, diversion of commercial cannabis or cannabi s products, public intoxication, smoking in public, harassment of passersby, littering, or obstruction of any street, sidewalk or public walkway, including the walkways around the subject shopping center; or (d) violates any provision of the Hayward Munici pal Code or condition imposed by a City-issued permit, or violates any provision of any other local or state regulation or order, including those of state law, or violates any condition imposed by permits or licenses issued in compliance with those laws.
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22. This approval shall expire three (3) years after the effective date of approval unless a building permit application with plans matching the approved plans for this Conditional Use Permit have been submitted and accepted for processing by the Building Official.
23. The applicant/business owner shall obtain and maintain a valid Commercial Cannabis Business Permit from the City, in addition to any other state and local permits.
Commercial Cannabis Business Permit applications and renewals are subject to the requirements of HMC Section 6-14.15. Commercial Cannabis Business Permits are valid for a period of one year and shall be renewed annually by the business owner. The permit is invalid if the term has expired and the annual fee, as established in the City of Hayward Master Fee Schedule, has not been paid in full and on time. Non-payment will result in a violation penalty fee in accordance with the Master Feel Schedule.
Additionally, the City may invalidate or suspend a Commercial Cannabis Business Permit for excessive calls for service or nuisance citations.
24. The retail dispensary shall not commence operations until the applicant/business owner can demonstrate compliance with all necessary state and local licenses (dual licensing) and jurisdictional agency permit s. Failure to demonstrate dual licensing in accordance with the Hayward Municipal Code shall be grounds for revocation of a City- approved permit. Revocation of a local permit and/or a state license shall terminate the ability of the retail dispensary to op erate until a new permit and/or state license has been obtained.
25. The applicant shall maintain books, records, accounts, public safety calls for service, and all data and information relevant to its operations, and allow the City access to such records for purposes of conducting an audit or examination to determine compliance with the Hayward Municipal Code and other local regulations, including compliance with local tax obligations. Prior to the applicant’s Commercial Cannabis Business Permit renewal each year, the applicant shall provide the records to the City for review to verify compliance.
Community Preservation
26. The retail dispensary shall maintain and visibly post valid copies of all required State, and City permits, including, but not limited to, the State Department of Cannabis Control license, City of Hayward Commercial Cannabis Business Permit and business license, and any other pertinent permits and licenses.
27. Every owner of real property containing a Commercial Cannabis Business within the City is required to manage the property in a manner so as not to violate any provisions of the Cannabis Ordinance, HMC Section 10 -1.3600, or any State regulations. The property owner remains ultimately liable for all penalties and fees as a result of a violation of any of the requirements of the Commercial Cannabis Business thereof, regardless of any contract or tenant agreement or other third parties’ involvement.
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Building
28. The project shall comply with the edition of the California Building Code (CBC) in effect on the date of the building permit application for the project’s tenant improvements.
29. The project shall comply with the California Plumbing Code (CPC) with regard to plumbing fixtures. Please note that if the change of use or occupancy from the pri or tenant results in an increase of occupant load, a plumbing fixture analysis will be required (see the notes in 2022 CPC Table 422.1 under the heading). A change in occupant load may result in additional fixtures being required in the restrooms.
30. The pr oposed project will require disabled access upgrades based on CBC Ch. 11B section 202. For the building permit application, please include path of travel upgrade drawings and a completed S ummary of Disabled Access Upgrades form which can be found on the City of Hayward Building Division’s website.
31. For the building permit drawings, please include PME sheets as needed and a complete Title 24 energy report.
Fire Safety
32. A building permit is required for the installation of steel storage racks greater than si x (6) feet in height. A Fire Department Annual Operational Permit is required for any combustible storage (floor and/or rack) which exceeds 12 feet in height (Class I-IV type commodities) and/or any high hazard storage which includes commodities such as hazardous materials, flammable liquids, plastics, foam and rubber products, or any other classified commodity as dictated by the California Fire Code (CFC) and National Fire Protection Association (NFPA) 13 Standards, which exceeds 6 feet in height.
33. All building units shall have approved address numbers. Address identification numbers shall be placed in a position that is plainly legible and visible from the street or road fronting the property. Where access is by means of a private driveway or parking lot and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.
34. Duct smoke detectors that are installed within the heating/ventilation/air conditioning (HVAC) system (AHU’s and Smoke Dampers) shall meet the California Mechanical Code for installation and the California Fire Code. Such detectors shall be interconnected to the building’s main fire alarm control panel and zoned separately.
35. 2A:10BC type fire extinguishers are required throughout the building for every 75 feet of travel or every 3,000 square feet of space, including in dining/breakroom and service areas.
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36. The existing overhead fire sprinkler system shall be altered to provide adequate coverage for the new operation. A separate submittal and permit is required for the fire sprinkler alteration by a California licensed C16 contractor.
37. The existing fire alarm system shall be altered to provide adequate coverage for the newly remodeled building. A separate submittal is required for the fire alarm alteration by a California licensed C10 contractor.
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Police
38. The business shall provide adequate security on the premises, including on -site security, lighting and alarms, to ensure public safety and the safety of persons within the facility and to protect the premises from theft. Additionally, all Commercial Cannabis Businesses and Cannabis Operators shall include a security and safety plan prepared and implemented to the satisfaction of the Hayward Police Department.
39. Surveillance IP video cameras shall be installed at the public and vendor entrances and shall be maintained in good working order to provide coverage on a 24-hour real-time basis of all internal and exterior areas where Cannabis is dispensed. The cameras shall allow for remote access to be provided to the Hayward Police Department and shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. The surveillance cameras shall cover all parking lots and e xterior viewpoints of the cannabis business. IP cameras shall remain active at all times and shall be capable of operating under any lighting condition. Security video footage must use standard industry format to support criminal investigations and shall b e maintained for a minimum of 90 days.
40. Security guards shall use an identification (ID) card scanner to verify the authenticity of IDs for all patrons who enter the business.
41. All points of ingress and egress to the proposed use shall be secured with Building Code compliant commercial-grade, non-residential door locks and/or window locks. There shall be two security guards present during all business hours. One guard shall be stationed at the vendor entrance and be responsible for monitoring the exterior o f the dispensary to ensure no loitering or public consumption occurs, and one shall be stationed at the public entrance, unless otherwise permitted in writing by the Chief of Police.
42. A professionally monitored security alarm system shall be installed and maintained in good working condition. The alarm system shall include sensors to detect entry and exit from all secure areas and all windows. The applicant shall keep the name and contact information of the alarm system installation and monitoring company a s part of the Commercial Cannabis Business's onsite books and records.
43. Cannabis products and associated product distribution and dispensing waste shall be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.
44. The busi ness shall implement procedures for safe and secure transportation and delivery of commercial medical and non -medical cannabis, including all cannabis products and currency, in accordance with local and state law. None of the vehicles associated with the b usiness shall have markings or advertising that indicates the presence of cannabis on-site.
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45. Security measures shall be designed to ensure emergency access is provided to the Hayward Police Department and Hayward Fire Department for all areas on the premises in case of an emergency.
46. During regular business hours, the building premises shall be accessible, upon request, to any identified Hayward Police Department, Building Division or Code Enforcement employee for random and/or unannounced inspections.
47. All employees working in conjunction with the retail dispensary shall be subject to background/LiveScan checks. Additionally, all employees shall furnish the Hayward Police Department a state or federal registered Identification Card upon request.
48. The busine ss operator shall identify a local contact who will be responsible for addressing security and safety issues and shall provide and keep current contact information to the Hayward Police Department as part of the permitting process.
49. The business operator shall notify the Hayward Police Department regarding any theft or loss of product, robbery or unauthorized access or breaches.
Prior to the Issuance of Building Permit
Planning
50. All outstanding fees owed to the City for the staff time spent processing and obtaining the approval of this Conditional Use Permit application shall be paid in full prior to consideration of any approval extension requests and/or the issuance of a building permit to construct the project.
Water Pollution Source Control
51. The trash enclosure shall have a drain connection to the sanitary sewer serving the property with a minimum 5 percent slope to the drain. Details for the sewer connection shall be included in the building permit plan set for the project.
Solid Waste
52. All constr uction and demolition debris shall be recycled. Submittal of a waste management plan shall be required at the time of building permit application submittal.
Please either visit the City’s Green Halo website and create a waste management plan online at: https://wastetracking.com/city/hayward/ or complete a Debris Recycling Statement, available online here: http://www.hayward-ca.gov/services/city- services/construction-and-demolition-debris-disposal.
53. The applicant shall contact Waste Management of Alameda County at (510) 537 -5500 to determine whether the business’s carts/bins can be serviced at the trash enclosure or be required to be placed out at the curbside for collection. If the carts or bins must
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be placed curbside for collection, such carts or bins shall not be placed earlier than 6:00 AM on the day before scheduled collection, and sha ll be retrieved and removed from public view by midnight on the day of collection.
-End of Conditions-