Hayward City Council
January 27, 2026

Tuesday, January 27, 2026
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda
1 January 27, 2026City Council Agenda

CONCURRENT MEETING OF CITY COUNCIL AND

GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Participate in the Council Chambers or click link below to join the meeting:
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Password: CC1/27@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 899 3360 8747
Password: 1617644116

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

BOARD OF DIRECTORS MEETING
CALL TO ORDER: Mayor/GHAD Chair Salinas
Pledge of Allegiance: Council/GHAD Member Bonilla Jr.

SB 707 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

2 January 27, 2026City Council Agenda

ROLL CALL

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the GHAD Board on items not listed on the agenda. As the GHAD Board is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to GHAD staff.

CONSENT
Approve the Geologic Hazard Abatement District Board (GHAD) Minutes of the Board Meeting of December 2, 2025
MIN 26-0131.

Attachments: Attachment I GHAD Minutes of 12/2/2025

PUBLIC HEARING
Resolution 26-01 Accepting Tabulation of Votes for the Parcel Group 3 Development within the Hayward GHAD and
Resolution 26-02 Confirming the Assessment and Authorizing the Levy and Collection of Assessment for the Parcel Group 3 Development within the Hayward GHAD (Report from GHAD
Manager Ralston)
PH 26-0042.

Attachments: Attachment I GHAD Staff Report
Attachment II Resolution No. 26-01
Attachment III Resolution No. 26-02
Attachment VI Notice of Assessment for Reso 26-02
Attachment V Engineer's Report for Reso 26-02
GHAD Manager's Report
An oral report from the GHAD Manager on ongoing activities, events, or other items of general interest to the GHAD and the public, if any.

3 January 27, 2026City Council Agenda
GHAD Boardmembers’ Reports, Referral, and Future Agenda Items Oral reports from GHAD Boardmembers on their activities, referrals to GHAD staff, and suggestions for future agenda items, if any.

ADJOURN TO CITY COUNCIL MEETING

4 January 27, 2026City Council Agenda

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers

CLOSED SESSION ANNOUNCEMENT

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

CONSENT CALENDAR
Adopt a Resolution Authorizing the City Manager to Accept Grant Funding in the Amount of $153,000 from the California Department of Justice Tobacco Grant Program, and
Appropriate the Funds to the Code Enforcement Division of the Development Services Department, for the Term of Three Years CONS 26-0321.

Attachments: Attachment I Staff Report
Attachment II Resolution

5 January 27, 2026City Council Agenda
Adopt Resolutions Authorizing the City Manager to Negotiate and Execute Landscape Maintenance Contracts for Twin
Bridges Landscape and Lighting Assessment District 7 with New Image Landscape Company in a Not-to-Exceed Amount of $357,000 and for Parkside Heights Landscape and Lighting Assessment District 17 with Pacheco Landscape Management, Inc. in a Not-to-Exceed Amount of $91,000
CONS 26-0142.

Attachments: Attachment I Staff Report
Attachment II Resolution for Twin Bridges LLAD 7
Attachment III Resolution for Parkside Heights LLAD 17 Adopt Resolutions to 1) Initiate Proceedings Pursuant to Government Code Section 53753, 2) Provide Intention to Levy Assessments for FY 2026, 3) Preliminarily Approve FY 2026 the Engineer’s Report, 4) Provide a Notice of Proposition 218 Public Hearing for Stratford Village Flood Control Facilities Improvement Assessment (MD1 - 2026), 5) Approve the
Mailing of Ballots, and 6) Adopt Proposition 218 Assessment Ballot Procedures
CONS 26-0153.

Attachments: Attachment I Staff Report
Attachment II Resolution Initiating Proceedings
Attachment III Resolution Adopting Prop 218 Procedures
Attachment IV Preliminary Engineer's Report
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., in a Not-to-Exceed Amount of $1,200,000 for Consulting Services for Phase 2 of the High Injury Network Safety Plan, Project No. 06942
CONS 26-0204.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III High Injury Network Corridor Map

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

6 January 27, 2026City Council Agenda
Business-Friendly Hayward Project Update: Review of Draft Municipal Code and Zoning Maps Revisions Related to the Business-Friendly Hayward Project (Report from Development Services Director Buizer)
WS 26-0035.

Attachments: Attachment I Staff Report
Attachment II Section 10-1.800 Commercial Districts Clean Attachment III Section10-1.800 Commercial Districts Redlined Attachment IV Section 10-24.2.3.010 Mission Boulevard Use Attachment V 10-28.2.3.010 Downtown Development Code
Attachment VI Section 10-1.1603 Industrial Districts Use Attachment VII Section 10-1.2735(a) Accessory Commercial Attachment VIII Section 10-1.2735(f) Limited Entertainment Attachment IX Section 10-1.2700 General Regulations
Attachment X Section 10-1.3500 Definitions
Attachment XI Maps of Properties Proposed to be Rezoned

PUBLIC HEARING
Moratorium on New Massage Businesses: Adoption of an
Interim Urgency Ordinance Pursuant to Government Code
section 65858, Extending the Temporary Moratorium on New Massage Businesses in Hayward for up to 10 Months and 15 Days, and Finding that the Action is Exempt from
Environmental Review (Report from City Attorney Lawson) PH 26-0026.

Attachments: Attachment I Staff Report
Attachment II Moratorium Extension Ordinance

LEGISLATIVE BUSINESS
East Bay Greenway Multimodal Project: Adopt a Resolution Approving the Project Evaluation for the East Bay Greenway Multimodal - Hayward Segment Project (Report from Public Works Director Ameri)
LB 26-0027.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Project Concepts
Attachment IV Phase 3 Outreach Summary
Attachment V East Bay Greenway Project Alignment

7 January 27, 2026City Council Agenda

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

ADJOURNMENT
NEXT MEETING, February 3, 2026, 7:00 PM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

8 January 27, 2026City Council Agenda

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.

9 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 26-013
DATE: January 27, 2026
TO: Geologic Hazard Abatement District Board
FROM: Geologic Hazard Abatement District Manager

SUBJECT
Approve the Geologic Hazard Abatement District Board (GHAD) Minutes of the Board Meeting of December 2, 2025

RECOMMENDATION
That the GHAD Board approves the GHAD meeting minutes of December 2, 2025.

SUMMARY
The GHAD Board held a GHAD Board meeting on December 2, 2025.

ATTACHMENTS
Attachment I GHAD Draft Minutes of 12/2/2025
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MINUTES OF JOINT CITY COUNCIL/HAYWARD GEOLOGIC HAZARD

ABATEMENT DISTRICT BOARD MEETING

OF THE CITY OF HAYWARD
Council Chambers
777 B Street, Hayward, CA 94541
Tuesday, December 2, 2025
The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Salinas at 7:02 p.m.

ROLL CALL

Present: BOARD MEMBERS Zermeño, Roche, Bonilla, Syrop, Andrews, Goldstein and Chair Salinas

Absent: None

PUBLIC COMMENT
None.

CONSENT CALENDAR

1. Approve the GHAD Minutes of the Board Meeting of October 28, 2025. It was moved by Board member Zermeño and seconded by Board member Andrews to approve the minutes; the motion carried unanimously (7-0-0).

PUBLIC HEARING

2. Resolution 25-03: GHAD Manager Haley Ralston presented the staff report regarding approval of the annexation of the Parcel Group 3 development (Parcel Map No. 11247) into the existing Hayward GHAD, along with approval of the draft Plan of Control dated October 2, 2025. The Parcel Group 3 development is comprised of a multi-family residential building and educational building which was conditioned by the City of Hayward to be annexed into the Hayward GHAD. The property owners— La Vista Hayward, L.P. and Strategic Growth Partners, Inc.— filed a Petition for Annexation with the GHAD Clerk on September 2, 2025. A draft Plan of Control has been prepared which is separate from the La Vista (The Reserve), Ersted (The Hideaway) and Hayward SoMi Plans of Control.

There was no public comment on this item.

Motion by Board member Goldstein (seconded by Board member Syrop) to approve Resolution No. 25-03 to approve: 1) the annexation of Parcel Group 3 development into the Hayward GHAD; and 2) the draft Plan of Control, as required by GHAD Law. The motion carried unanimously (7-0-0).
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3. Resolution No. 25-04: GHAD Manager Haley Ralston presented the staff report regarding the GHAD’s intent to order an assessment for the Parcel Group 3 development and to further set a public hearing for January 27, 2026, for the GHAD to consider the proposed assessment and any protests thereto.

Board member Roche inquired whether it made a difference in the amount of the assessment based on the type of building on the parcel (school, commercial, etc.). GHAD Manager Ralston indicated that the Engineer’s Reportproposes an assessment based on square footage of the building. Board member Roche further inquired whether the assessments are passed through to the residential tenants on the property. GHAD Manager Ralston indicated the assessment is placed on the property tax bill for the parcel and that the property owner is responsible for paying the property tax bill. The GHAD has no information whether, or to what extent, assessment amounts arepassed through to tenants.

There was no public comment on this item.

Motion by Board member Roche (seconded by Board member Bonilla) to approve Resolution No. 25-04 declaring the GHAD’s intent to:1) order an assessment for the Parcel Group 3 development; and 2) set a public hearing for January 27, 2026 (which is 45 days after written notice is provided) to consider the proposed assessment and any protests thereto. The motion carried unanimously (7-0-0).

4. GHAD MANAGER REPORT
The GHAD Manager reported that all the fall monitoring has been completed and all GHAD-maintained areas are performing well. The GHAD Manager will be reaching out to schedule a meeting with the Board members who are also members of the City Council public safety committee to discuss collaborative efforts around geologic hazard preparedness.

GHAD BOARD MEMBERS’ REPORTS, REFERRAL, AND FUTURE AGENDA ITEMS Board member Syrop inquired whether there could be inter-agency cooperation around the maintenance of the La Vista park project and Ms. Ralston responded GHAD staff will review the Plan of Control to confirm maintenance responsibilities.

GHAD Manager Ralston reminded the Board will reconvene on January 27, 2026.

ADJOURNMENT
GHAD Board Chair Salinas adjourned the meeting at 7:20 pm.

APPROVED:
______________________________
Amara Morrison, Clerk and General Counsel
Hayward Geologic Hazard Abatement District
12 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 26-004
DATE: January 27, 2026
TO: Geologic Hazard Abatement District Board
FROM: Geologic Hazard Abatement District Manager

SUBJECT
Resolution 26-01 Accepting Tabulation of Votes for the Parcel Group 3 Development within the Hayward GHAD and Resolution 26-02 Confirming the Assessment and Authorizing the Levy and Collection of Assessment for the Parcel Group 3 Development within the Hayward GHAD

RECOMMENDATION
Staff recommends that the GHAD Board take the following actions:

1. Open and conduct a public hearing on the proposed assessment;

2. Close the hearing and consider any protest against the assessment;

3. Direct the GHAD Clerk to canvass and tabulate the assessment ballots;

4. Adopt Resolution 26-01 Accepting the Tabulation of Votes; and

5. If the vote supports the approval, adopt Resolution 26-02 confirming the assessment, and authorizing the levy and collection of the assessment for the Parcel Group 3 Development within the Hayward Geologic Hazard Abatement District.

SUMMARY
In approving the Parcel Group 3 Development, which is improved with a multi-family residential building and an educational building, the City of Hayward included Infill Checklist Item No. 48 that required the Parcel Group 3 Development to be annexed into the existing Hayward Geologic Hazard Abatement District (GHAD).

With the approval of Resolution 25-03, the Hayward GHAD Board of Directors (GHAD Board) approved annexation of the Parcel Group 3 Development into the Hayward GHAD and approved the Plan of Control.

With the approval of Resolution 25-04, the GHAD Board approved the draft Engineer’s Report for the Parcel Group 3 Development which identifies the source of funding for the GHAD-maintained improvements identified in the Plan of Control. In order to impose the assessment set forth in the approved Engineer’sReport, it is recommended the GHAD Board adopt Resolutions 26-01 and 26-02 to accept the tabulation of the ballots, consider any protests against the proposed assessment, and certify the canvass of votes.

ATTACHMENTS
CITY OF HAYWARD Printed on 1/22/2026Page 1 of 2
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13 File #:PH 26-004
Attachment I Staff Report
Attachment II GHAD Resolution 26-01
Attachment III GHAD Resolution 26-2
Attachment IV Notice for Resolution 26-02
Attachment V Engineer’s Report for Resolution 26-02
CITY OF HAYWARD Printed on 1/22/2026Page 2 of 2
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HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT

TO: Hayward Geologic Hazard Abatement District (GHAD) Board of Directors

FROM: GHAD Manager
GHAD Attorney

BOARD MEETING DATE: January 27, 2026

SUBJECT: Resolution 26-01 Accepting Tabulation of Votes for the Parcel Group 3 Development within the Hayward GHAD and Resolution 26-02 Confirming the Assessment and Authorizing the Levy and Collection of Assessment for the Parcel Group 3 Development within the Hayward GHAD

RECOMMENDATION(S):

Staff recommends that the GHAD Board take the following actions:

1. Open and conduct a public hearing on the proposed assessment;

2. Close the hearing and consider any protest against the assessment;

3. Direct the GHAD Clerk to canvass and tabulate the assessment ballots;

4. Adopt Resolution 26-01 Accepting the Tabulation of Votes; and

5. If the vote supports the approval, adopt Resolution 26-02 confirming the assessment, and authorizing the levy and collection of the assessment for the Parcel Group 3 Development within the Hayward Geologic Hazard Abatement District.

SUMMARY:

In approving the Parcel Group 3 Development, which is improved with a multi-family residential building and an educational building, t he City of Hayward included Infill Checklist Item No. 48 that required the Parcel Group 3 Development to be annexed into the existing Hayward Geologic Hazard Abatement District (GHAD).

With the approval of Resolution 2 5-03, the Hayward GHAD Board of Directors (GHAD Board) approved annexation of the Parcel Group 3 Development into the Hayward GHAD and approved the Plan of Control. With the approval of Resolution 25-04, the GHAD Board approved the draft Engineer’s Report for the Parcel Group 3 Development which identifies the source of funding for the GHAD-maintained improvements i dentified in the Plan of Control . In order to impose the assessment set forth in the approved Engineer’s Report, it is recommended the GHAD Board adopt Resolutions 26-01 and 26-02 to accept the tabulation of the ballots, consider any protests against the proposed assessment, and certify the canvass of votes.

15

BACKGROUND AND DISCUSSION:

On March 1, 2016, the Hayward City Council adopted Resolution 16-030 approving the formation of the Hayward GHAD and appointed itself to serve as the GHAD Board of Directors.

On December 2, 2025 , the GHAD Board of Directors held a public hearing on the proposed annexation of the Parcel Group 3 Development into the Hayward GHAD, and adopted Resolution 25-03 approving annexation of the Parcel Group 3 development into the Hayward GHAD and accepting the Parcel Group 3 Development Plan of Control.

A funding source has been secured for The Reserve (La Vista) , Hideaway (Ersted Project), and Hayward SoMi developments within the Hayward GHAD, and it is now appropriate to secure a funding source for the Parcel Group 3 Development annexation area. Like the existing developments within the GHAD, the funding source for the Parcel Grou p 3 Development is through a real property assessment. The assessment for the multi-family residential building and educational building within the Parcel Group 3 Development is proposed to be imposed at the time building permits are issued for each of the buildings; this assessment will fund the maintenance of the improvements in the Parcel Group 3 Development Plan of Control previously approved by the GHAD Board on December 2, 2025 (Resolution 25-03).

On December 2, 2025, the GHAD Board adopted Resolution 25-04 approving the draft Engineer’s Report for the Parcel Group 3 Development to set an assessment limit of $0.25472 per square foot of habitable space (Fiscal Year 202 5/26 dollars).The Parcel Group 3 Development assessment will not impact or change the existing assessments for The Reserve (La Vista) , Hideaway (Ersted Project), and Hayward SoMi landowners within the GHAD.

Following the GHAD Board meeting on December 2, 2025, the property owners of the parcels within the Parcel Group 3 Development were provided with a copy of the draft Engineer’s Report, a Notice of Intent to Order an Assessment, and a ballot (Resolution 25-04).

FISCAL IMPACT:

The developer is responsible for funding all activities undertaken by the GHAD up and until the GHAD Improvements, as defined in the Plan of Control, are accepted by the GHAD. Thereafter, the GHAD will be funded 100% through assessments levied on properties within the Hayward GHAD. Therefore, there is no fiscal impact on the City’s General Fund.

NEXT STEPS:

The GHAD Board shall consider all protests against the proposed assessment and shall not impose the assessment if there is a majority protest (Resolution 26-01). If there is no majority protest, the GHAD Board shall authorize the assessment (Resolution 26-02).

Prepared by: GHAD Manager Haley Ralston and GHAD Attorney Amara Morrison

Recommended by: GHAD Manager Haley Ralston

ATTACHMENTS:

A. Resolution No. 26-01
B. Resolution No. 26-02
16 BOARD OF DIRECTORS

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
RESOLUTION NO. 26-01
ACCEPTING TABULATION OF VOTES FOR THE PARCEL GROUP 3 DEVELOPMENT

WITHIN THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on January 27, 2026, the Hayward Geologic Hazard Abatement District (GHAD) Board of Directors (GHAD Board), held a public hearing on a benefit assessment proposed to be levied on real property located within the Parcel Group 3 Development. After the close of the public hearing, the GHAD Clerk opened the sealed ballots that had been submitted and not withdrawn prior to the close of the hearing and tabulated it in support of, or in opposition to, the proposed assessment. In tabulating the ballots, the GHAD Clerk weighted them according to the proportional financial obligation of the affected property.

NOW, THEREFORE, the GHAD Board hereby resolved and orders that:

1. The GHAD Board accepts the Tabulation of Votes from the GHAD Clerk showing the benefit assessment passed as follows:

Total Landowners Voted Yes No
La Vista Hayward, L.P.

Strategic Growth
Partners, Inc.

2. This Resolution shall become effective immediately upon its passage and adoption.

HAYWARD, CALIFORNIA, January 27, 2026
PASSED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

EXCUSED:

ATTEST: _________________________
Amara Morrison
Clerk of the GHAD Board
17

THE BOARD OF DIRECTORS OF HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 26-02

RESOLUTION CONFIRMING ASSESSMENT AND AUTHORIZING THE LEVY AND COLLECTION OF THE ASSESSMENT FOR THE PARCEL GROUP 3 DEVELOPMENT

WITHIN THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on March 1, 2016, the Hayward City Council approved Resolution 16-030 ordering the formation of the Hayward Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the Hayward Geologic Hazard Abatement District Board of Directors(GHAD Board); and WHEREAS, on October 28, 2025, the GHAD Board accepted a petition from Parcel Group 3 , requesting annexation of the Parcel Group 3 Development into the GHAD; and WHEREAS, on December 2, 2025 , the GHAD Board held a public hearing on the proposed annexation and Parcel Group 3 Development Plan of Control (Plan of Control) and thereafter adopted Resolution 25-03 approving the annexation and adopting the Plan of Control; and WHEREAS, in order to pay for costs and expenses of maintaining and operating the GHAD improvements as set forth in the Plan of Control, a funding source must be established; and WHEREAS, an Engineer’s Report has been prepared to support a real property assessment against the multifamily residential building and the educational facility at a Fiscal Year 2025/26 level of $0.25472 per square foot of habitable space for GHAD services and is attached as Attachment 1; and
WHEREAS, Public Resources Code sections 26650 et seq . authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII(D) of the California Constitution imposes ad ditional requirements for the levy and collection of said assessment; and
WHEREAS, the Engineer’s Report was prepared by the GHAD Manager to reflect the Plan of Control adopted by the GHAD Board on December 2, 2025, the GHAD Manager being a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 26651(a) and section 4(b) of Article XIII (D) of the California Constitution; the Engineer’s Report attached hereto asAttachment 1 sets forth the purpose of theParcel Group 3 Development portion of the GHAD, the estimated budget, the total assessment that will be chargeable to the Parcel Group 3 Development portion of the GHAD, the proposed estimated assessment to be levied against each parcel of property within the Parcel Group 3 Development portion of the GHAD, and a description of the method used in formulating the estimated assessments; and
WHEREAS, the property within theParcel Group 3Development portion of the GHAD is identified in the plat and legal description included in Attachment 1 and each parcel is proposed to be assessed.

WHEREAS, on December 2, 2025 , the GHAD Board adopted Resolution 2 5-04 declaring its 18

intention to order an assessment on the Parcel Group 3 Development and fixed a public hearing for January 27, 2026 to consider the assessment and any protest against the assessment; and WHEREAS, pursuant to Resolution 25-04 the GHAD Board declared it intention, consistent with the requirements of Article XIII(D) of the California Constitution, to order that the costs and expenses of maintaining and operating the GHAD improvements acquired or constructed pursuant to Public Resources Code section 26500 et seq. be assessed against those parcels in the Parcel Group 3 Development, as identified on the Boundary Map (Exhibit A to the Engineer’s Report), that are specially benefited by the GHAD; and
WHEREAS, Resolution 25-04 declared the GHAD Board’s intention to assess against those parcels in the Parcel Group 3 Development and as shown on the Boundary Map, all or part of the amount set forth in Engineer’s Report commencing with the following fiscal year given there is no majority protest to the proposed assessment; and
WHEREAS, this Resolution 2026-02 directs the tabulation of the ballots and presentation of the ballots received from record owners to the GHAD Board at the hearing. This Resolution states that the GHAD Board shall then consider all protests against the proposed assessment and certify the tabulation of the ballots. This Resolution states that, in tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation on the affected property. This Resolution states that the GHAD Board shall not impose the a ssessment if there is a majority protest and if there is no majority protest, the GHAD Board shall authorize the assessment.

The Board of Directors of the GHAD HEREBY RESOLVES THAT:

1. That notice of the public hearing described above in accordance with Public Resources Code sections 26651 through 26653 and Article XIII(D), Section 4 of the California Constitution was provided.

2. The public hearing was held before the GHAD Board on January 27, 2026, at 7:00 p.m. at Hayward City Hall, 777 B Street, Hayward, California. At the hearing, the GHAD Board heard and considered any and all protests to the proposed assessment. After the public hearing was closed, the sealed ballot was canvassed and tabulated.

3. Based upon the tabulation of the ballot, the GHAD Board finds that there is no majority protest. Therefore, the GHAD Board is authorized to levy the proposed assessment pursuant to Public Resources Code section 26653 and Article XIII(D), Section 4 of the California Constitution on property within the Parcel Group 3 Development.

4. The GHAD Board further confirms the assessment at a FY 2025/26 level of $0.25472 per square foot of habitable space, as set forth in the Engineer’s Report.

5. The GHAD Board further orders that the assessment amount in the Engineer’s Report (with an adjustment annually to reflect the percentage change in the San Francisco - Oakland-Hayward Consumers Price Index for All Urban Consumers) shall be assessed against each residential unit in the Parcel Group 3 Development, which shall be levied at the beginning of the following fiscal year given there is no majority protest to the proposed assessment for each parcel and the assessment will continue to be levied in perpetuity.

6. The GHAD Board further orders that the assessment shall be levied and collected in the following manner:
19

(a) The GHAD Manager shall cause to be recorded a Notice of Assessment, in substantially the form as attached hereto as Attachment 2, as provided for in Section 3114 of the California Streets and Highway Code, whereupon the assessment shall be imposed as a lien upon the property.
(b) Thereafter, the assessment shall be payable at the same time and in the same manner as general taxes on real property within the Parcel Group 3 Development are payable.
(c) All funds generated by the assessment, and all returns earned on the assessment, shall be segregated and deposited in the existing Hayward GHAD account for the exclusive benefit of the Hayward GHAD, as directed by the GHAD Treasurer. Said funds shall not b e deposited or credited to the City or any of its departments, including the City Finance and Management agency or the City Treasury.

7. This Resolution shall become effective immediately upon its passage and adoption.

HAYWARD, CALIFORNIA, JANUARY 27, 2026
PASSED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: _________________________
Amara Morrison
Clerk of the GHAD Board
Attachments: 1 – Engineer’s Report
2 – Notice of Assessment
20 AFTER RECORDATION RETURN TO:

Clerk of the District
Hayward Geologic Hazard Abatement District
2633 Camino Ramon, Suite 250
San Ramon, CA 94583

NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and Highways Code, the undersigned Clerk of the Hayward Geologic Hazard Abatement District State of California, hereby gives notice that a diagram and assessment were recorded in the office of the County Recorder of Alameda County as provided for in said section, more particularly described on that certain assessment diagram filed in accordance with the section in Book _____ of Maps of Assessments and Community Facilities Districts at Page ______ in the Office of the County Recorder of the County of Alameda and relating to the following described real property (commonly known as the Parcel Group 3 Development ):

The land referred to is situated in the County of Alameda, City of Hayward, State of California, and is described as follows:

Real Property situated in the City of Hayward, County of Alameda, and State of California as described in Exhibit A.

Notice is further given that upon the recording of this notice in the Office of the County Recorder, the several assessments assessed on the lots, pieces and parcels shown on said filed assessment diagram shall become a lien upon the lots or portions of lots assessed respectively. Levy date: January 27, 2026 .

Reference is made to the assessment diagram and assessment roll recorded in the office of County Recorder of Alameda County. Recorded on _________ ____ at Document No. ________________ .

ATTEST:
______________________
Amara Morrison
Clerk of the Hayward Geologic Hazard Abatement District Dated: _______________ _
21 EXHIBIT A

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

LIST OF PROPERTY OWNERS
Assessment
Diagram No.

Assessor’s
Parcel No.

Name of
Property Owner
1 078C-0626-019 Strategic Growth Partners, Inc.
2 078C-0626-018 La Vista, L.P.
22 Copyright © 2025 by ENGEO Incorporated. This document may not be reproduced in whole or in part by any means
whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated.

PARCEL GROUP 3 DEVELOPMENT ANNEXATION

HAYWARD, ALAMEDA COUNTY, CALIFORNIA

ENGINEER’S REPORT
FOR PARCEL GROUP 3 DEVELOPMENT

SUBMITTED TO
Hayward Geologic Hazard Abatement District
777 B Street
Hayward, CA 94541

PREPARED BY
ENGEO Incorporated

November 11, 2025

PROJECT NO.
15577.000.001

23 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

i of i November 11, 2025

TABLE OF CONTENTS

CERTIFICATION OF FILING .......................................................................................... 1 I. INTRODUCTION .................................................................................................... 3 II. BACKGROUND ..................................................................................................... 3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES .......................... 3 IV. SERVICE LEVELS ................................................................................................. 3 V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY THE GHAD .......... 4 VI. ASSESSMENT METHOD ...................................................................................... 4 VII. ASSESSMENT – BUDGET .................................................................................... 5 VIII. OWNER RESPONSIBILITIES ................................................................................ 6

EXHIBIT A – Legal Description and Plat
EXHIBIT B – Hayward GHAD Budget – Parcel Group 3 Development Annexation

24 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

Page | 1 November 11, 2025

ENGINEER’S REPORT

HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 DEVELOPMENT ANNEXATION
(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)

CERTIFICATION OF FILING

The Geologic Hazard Abatement District (“ GHAD”) provides monitoring and maintenance of improvements related to geologic hazard management within the Parcel Group 3 Development portion of the Hayward GHAD. The GHAD also levies and collect s assessments in order to perform its activities.

The GHAD responsibilities, which are the subject of this report, are defined as any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Section 26505).

This report consists of eight parts, as follows:

I. INTRODUCTION

II. BACKGROUND

III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM

IV. SERVICE LEVELS

V. DESCRIPTION OF IMPROVEMENTS MAINTANED BY THE GHAD

VI. ASSESSMENT METHOD

VII. ASSESSMENT LIMIT - BUDGET PROJECTION

VIII. OWNER RESPONSIBILITIES
25 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

Page | 2 November 11, 2025

The undersigned respectfully submits the enclosed Engineer’s Report.

Date: July 23, 2025 By: ENGEO Incorporated

_________________________________________, GE
Uri Eliahu

I HEREBY CERTIFY that the enclosed Engineer’s Report was filed on the 23rd day of July 2025.

_________________________________________
Patricia Curtin
Attorney and Acting Clerk of the Board
Hayward Geologic Hazard Abatement District
Hayward, Alameda County, California

I HEREBY CERTIFY that the enclosed Engineer’s Report was approved and confirmed by the GHAD Board on the 23rd day of July 2025.

_________________________________________
Haley Ralston
GHAD Manager
Hayward Geologic Hazard Abatement District
Hayward, Alameda County, California

26 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

Page | 3 November 11, 2025

ENGINEER’S REPORT

for

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 DEVELOPMENT ANNEXATION

HAYWARD, ALAMEDA COUNTY, CALIFORNIA
for the

ESTABLISHMENT OF AN ASSESSMENT LIMIT

I. INTRODUCTION

The Hayward City Council formed the Hayward Geologic Hazard Abatement District (“GHAD” or “District”) on March 1, 2016 (Resolution No. 16-030), under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. The GHAD Board of Directors approved the annexation of the Parcel Group 3 Development (“GHAD Annexation Area”) into the GHAD on August XX, 2025, with the approval of Resolution No. XX-XX. The members of the Hayward City Council act as the Board of Directors of the GHAD.

II. BACKGROUND

The Hayward GHAD Board of Directors approved the Plan of Control for the Parcel Group 3 Development Annexation (“Plan of Control”) with the approval of Resolution No. XX-XX on August XX, 202 5. The Plan of Control describes the GHAD’s responsibilities to permanently monitor and maintain GHAD improvements within the GHAD Annexation Area. This Engineer’s Report describes the establishment of an assessment level to fund GHAD activities necessary or incidental to geologic hazard mitigation, abatement, and control.

III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES

The boundaries for the GHAD Annexation Area are shown in the legal description and plat attached hereto as Exhibit A.

IV. SERVICE LEVELS

The GHAD’s Activities (defined in the Plan of Control) are those that are necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including construction, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing.

The GHAD provides for the administration and review of facilities within the budgeted limits, including the following services.

1. Oversight of GHAD operations, including reporting to the GHAD Board of Directors.

2. In conjunction with the Alameda County Assessor’s Office, setting the annual levying of assessments on the property tax rolls.

27 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

Page | 4 November 11, 2025

3. Engagement of technical professionals to perform the monitoring duties as described in the Plan of Control.

4. Performance of GHAD maintenance activities in accordance with the Plan of Control. These maintenance activities include:

• Surface Drainage Improvements : The GHAD maintain s surface drainage improvements, including drainage ditches, to manage stormwater runoff and prevent flooding or erosion.
• Functional Aspects of Water Quality Flow Control Basins and Stormwater Facilities: The GHAD handles functional maintenance, repair, and replacement of water quality flow control basins and stormwater facilities, including retention detention ponds, to manage runoff and minimize flood risks.
• Storm Drainage System: The GHAD maintain s the storm drainage system to support proper function and reduce geologic hazard risks.
• Retaining Walls: The GHAD maintain s retaining walls and drain outlets to preserve structural integrity.
• Geotechnical Monitoring Instruments (if any): The GHAD monitor s and maintain s geotechnical instruments used to track soil movement and other geotechnical factors. • Keyway Subdrains and Outlets: The GHAD maintains keyway subdrains and outlets to prevent blockages and sustain proper slope drainage.
• Geologic Hazard Abatement: The GHAD monitor s and mitigate s geologic hazards, including slope stability and erosion control.

5. Preparation of annual GHAD budgets for approval by the GHAD Board of Directors.

V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY

THE GHAD

The GHAD -maintained improvements are described in the Plan of Control. In general, these improvements include drainage systems, including concrete-lined ditches in developed areas and open space; open-space storm drain inlets and outlets; subdrains and outlets; and selected retaining walls.

VI. ASSESSMENT METHOD

The improvements and GHAD responsibilities described in Section V are distributed within the GHAD Annexation Area. The improvements described in this document will confer the following special benefits to the assessed parcels.

1. Protection from slope instability.

2. Protection from erosion due to uncontrolled surface water.

3. Protection of water quality.

28 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

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The GHAD assessment is distributed among all residential and commercial/educational property owners within the GHAD Annexation Area. The improvements and responsibilities listed in Section IV provide specific benefits to the properties within the GHAD Annexation Area and the improvements are constructed for the benefit of those assessed and not the general public.

The GHAD Annexation Area consists of 214,693 planned square feet of habitable structures which include a childhood center, elementary school, and two residential complexes which include 176 units . The total area of habitable space within the GHAD Annexation Area was considered in light of the annual GHAD Annexation Area budget in developing the annual assessment limit.

The Engineer hereby finds that the planned structures within the GHAD Annexation Area receive approximately equal special benefit from the work and improvements within the GHAD based on the percentage of habitable square footage within each of the structures . As a result, the GHAD assessment for the GHAD Annexation Area is distributed among all owners of parcels as follows:

PRODUCT TYPE SQUARE FOOTAGE PERCENTAGE OF

TOTAL ASSESSMENT
Childhood Center 10,994 5.1%
Elementary School 35,460 16.5%
Residential – Building 1 84,829 39.5%
Residential – Building 2 83,460 38.9%
TOTAL 214,693 100%

A financial analysis was performed to provide a framework for an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the GHAD Annexation Area. In preparation of the budget, several factors were considered including:

1. Site geology

2. Remedial grading

3. Proximity of geologic hazards to proposed structures

4. Improvements and structures

5. Site access considerations

6. Elements requiring routine maintenance, including:
• Surface drainage facilities
• Graded slopes
• Retaining walls

VII. ASSESSMENT – BUDGET

The purpose of this Engineer’s Report is to establish the assessment level and the apportionment of the assessment within the GHAD Annexation Area as required under Proposition 218. The annual budget in each subsequent fiscal year will apprise the GHAD Board of Directors of the estimated budget for the upcoming year.

Based on the estimated expenses for on -going operations, and allowing for larger (approximately $200,000) geologic events at 20-year intervals and accumulation of a target reserve of $ 510,000 by FY 2075/76 in FY 2025/26 dollars, a budget was prepared for the 29 Hayward Geologic Hazard Abatement District Parcel Group 3 Development Annexation 15577.000.001 Engineer’s Report

Page | 6 November 11, 2025

purpose of estimating initial assessment levels (Exhibit B). For the purposes of establishing an assessment limit, it was anticipated that the target reserve w ould accumulate over a 50 -year period; however, the target reserve may accumulate at a slower or more rapid rate than estimated depending on the GHAD’s actual expenses and revenues.

The Engineer recommends an annual assessment limit for the GHAD Annexation Area of $0.25472 per square foot of habitable space (Fiscal Year 2025/26 dollars). The proposed initial assessment level will be automatically adjusted annually on December 30 to reflect the percentage change in the San Francisco -Oakland-San Jose Consumers Price Index for All Urban Consumers. The assessments are to be levied in conjunction with the issuance of a certificate of occupancy for each of the structures.

While the assumptions and estimated expenses listed in Exhibit B were used to determine the assessment levels for the GHAD Annexation Area, they do not represent the actual budget for any one year of the GHAD’s operation, since assessment of the individual structures will be based on the issuance of building permits, which may occur over a number of years. In addition, the Engineer anticipates that the projected expense amounts will be reached over time and that these amounts will be inflation-adjusted in the year that the expenses occur.

Pursuant to the schedule set forth in Section 6.4 of the Plan of Control for the Parcel Group 3 Development, the GHAD reserve at the time of transfer must have a minimum of $114,910. In addition, all four planned structures shall be subject to the levy of the GHAD assessment. The minimum reserve amount represents the estimated total assessments that will be collected from within the Parcel Group 3 Development during the period the Owner is responsible for all GHAD activities. The reserve amount requirement may be satisfied by including remaining cash and receivables from the Alameda County Tax Collector during the period that the Owner of the Parcel Group 3 Development is responsible for performing the GHAD activities. Additional funds may be required of the developer in order to satisfy the above-stated minimum reserve requirement and shall be provided to the Hayward GHAD prior to its acceptance of the monitoring and maintenance responsibilities within the Parcel Group 3 Development.

VIII. OWNER RESPONSIBILITIES

La Vista Hayward, L.P. , (“Owner”) is responsible for managing and maintaining the GHAD Annexation Area until the GHAD accepts responsibility for the GHAD Improvements as set forth in the Plan of Control . In addition, the Owner is responsible for funding any necessary GHAD functions or business undertaken for the GHAD Annexation Area that the GHAD Officers or Board of Directors determine are necessary before the GHAD accepts the GHAD Improvements. If the Owner fails to fund all or a portion of these costs, the costs shall be covered by the funds generated by and for the GHAD Annexation Area (i.e., t hrough the assessment) and the Owner shall be required to reimburse the GHAD for such costs before the GHAD can accept monitoring and maintenance responsibilities for the GHAD Improvements.

The GHAD may utilize funds generated by or for the GHAD Annexation Area to conduct any necessary GHAD functions or business for the GHAD Annexation Area required before the GHAD accepts the GHAD improvements. Such functions and business can include periodic reporting to the GHAD Board of Directors and work performed by GHAD Officers to verify the GHAD is implemented in accordance with the Plan of Control and GHAD Law.

30 EXHIBIT A

LEGAL DESCRIPTION AND PLAT

31 EXHIBIT A

LEGAL DESCRIPTION

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PARCEL GROUP 3 – PARCL MAP No. 11247

All that real property, situate in the City of Hayward, County of Alameda, State of California, described as follows:

Parcel 2:

Being a portion of Parcel 2 of “Parcel Map No. 11247”, recorded April 6, 2022, in Book 354 of Parcel Maps, at Page 79, Alameda County Records, further described as follows:

Beginning at the southwest corner of said Parcel 2 (354 PM 79); thence along the westerly boundary line of said Parcel 2 (354 PM 79) North 11°33’57” West, 296.43 feet; thence North 15°11’20 West, 314.38 feet to the beginning of a non-tangent curve, concave to the west and having a radius of 44.00 feet, a radial line to the beginning of said curve bears North 85°42’26” East; thence leaving said westerly boundary line north 4.79 feet along said curve, through a central angle of 6°14’00” to the beginning of a compound curve, concave to the west and having a radius of 350.00 feet; thence 64.05 feet along said curve, through a central angle of 10°29’08” to a point on the westerly boundary line of said Parcel 2 (354 PM 79); thence along said boundary line the following nineteen (19) courses:

1. North 15°11’20” West, 16.66 feet;

2. South 57°24’10” West, 2.10 feet;

3. North 23°39’08” West, 498.22 feet to the beginning of a non-tangent curve, concave to the south and having a radius of 109.74 feet, a radial line to the beginning of said curve bears North 20°17’51” West;

4. East and Southeast 113.69 feet along said curve, through a central angle of 59°21’41” to the beginning of a non-tangent curve, concave to the southwest and having a radius of 1666.21 feet, a radial line to the beginning of said curve bears North 59°24’38” East;

5. Southeast 298.63 feet along said curve, through a central angle of 10°16’08” to the beginning of a reverse curve, concave to the northeast and having a radius of 862.55 feet;

6. Southeast 429.43 feet along said curve, through a central angle of 28°31’31” to the beginning of a reverse curve, concave to the southwest and having a radius of 1063.72 feet;

7. Southeast 178.52 feet along said curve, through a central angle of 9°36’57”;

8. South 52°24’45” West, 100.60 feet;

9. South 37°28’08” East, 1.62 feet;

10. South 52°31’52” West, 31.50 feet;

11. South 37°28’08” East, 115.00 feet;

12. North 52°31’52” East, 18.00 feet;

13. South 37°28’08” East, 57.63 feet to the beginning of a curve, concave to the west and having a radius of 26.00 feet;
32 14. Southeast and South 30.33 feet along said curve, through a central angle of 66°50’40” to the beginning of a reverse curve, concave to the east and having a radius of 46.00 feet;

15. South 29.16 feet and said curve, through a central angle of 36°19’01” to the beginning of a reverse curve, concave to the west and having a radius of 26.50 feet;

16. South 27.51 feet along said curve, through a central angle of 59°28’21”;

17. South 37°28’08” East, 13.50 feet;

18. South 52°31’52” West, 25.38 feet;

19. South 77°07’18” West, 230.47 feet to the Point of Beginning of this description.

Containing an area of 199,485 square feet (4.58 acres), more or less.

Parcel 3:

Being all of Parcel 3 of “Parcel Map No. 11247”, recorded April 6, 2022, in Book 354 of Parcel Maps, at Page 79, Alameda County Records, further described as follows:

Beginning at the northwest corner of said Parcel 3 (354 PM 79); thence along the boundary line of said Parcel 3 (354 PM 79) the following twenty-three (23) courses:

1. North 77°07’18” East, 230.47 feet;

2. North 52°31’52” East, 25.38 feet;

3. North 37°28’08” West, 13.50 feet to the beginning of a non-tangent curve, concave to the west, having a radius of 26.50 feet, a radial line to the beginning of said curve bears North 37°28’08” West;

4. Northeast and North 27.51 feet along said curve, through a central angle of 59°28’21” to the beginning of a reverse curve, concave to the east, having a radius of 46.00 feet;

5. North and Northeast 29.16 feet along said curve, through a central angle of 36°19’01” to the beginning of a reverse curve, concave to the southwest, having a radius of 26.00 feet;

6. North and Northwest 30.33 feet along said curve, through a central angle of 66°50’40”;

7. North 37°28’08” West, 57.63 feet;

8. South 52°31’52” West, 18.00 feet;

9. North 37°28’08” West, 115.00 feet;

10. North 52°31’52” East, 31.50 feet;

11. North 37°28’08” West, 1.62 feet;

12. North 52°24’45” East, 100.60 feet to the beginning of a non-tangent curve, concave to the southwest, having a radius of 1063.72 feet, a radial line to the beginning of said curve bears North 50°46’11” East;

13. Southeast 297.32 feet along said curve, through a central angle of 10°00’54” to the beginning of a reverse curve, concave to the northeast, having a radius of 214.30 feet;

14. Southeast 37.72 feet along said curve, through a central angle of 10°05’02”;

15. South 01°08’10” West, 172.13 feet;

16. North 89°39’02” East, 348.86 feet to a point on the northerly right-of-way line of Tennyson Road, also being the beginning of a non-tangent curve, concave to the north, having a radius of 720.00 feet, a radial line to the beginning of said curve bears North 25°54’27” West;

17. West 198.93 feet along said curve, through a central angle of 15°49’48”; 33 18. South 79°55’21” West, 216.36 feet to the beginning of a curve, concave to the north, having a radius of 570.00 feet;

19. West 99.75 feet along said curve, through a central angle of 10°01’36”;

20. North 19°40’27” West, 41.77 feet;

21. North 86°39’15” West; 118.04 feet;

22. South 78°09’10” West, 86.04 feet;

23. Leaving said northerly right-of-way line and continuing along said boundary line of Parcel 3 (354 PM 79) North 11°33’57” West, 173.12 feet to the Point of Beginning of this description.

Containing an area of 140,846 square feet (3.23 acres), more or less.

34 ΔΔ Δ
ΔΔΔΔ
35 EXHIBIT B
B
UDGET – November 11, 2025
36 15577.000.001
November 11, 2025

Hayward Geologic Hazard Abatement District – Parcel Group 3 Development Annexation
B
udget – November 11, 2025

ASSUMPTIONS
Approximate Total Habitable Space (square feet) 214,693 Annual Assessment per Habitable Structures (square feet) $0.25472 Annual Adjustment in Assessment (estimated) 2.0%
Inflation (estimated) 2.0%
Investment Earnings (estimated) 4.0%
Frequency of Large-Scale Repair (years) 20
Cost of Large-Scale Repair (current $) $200,000
ESTIMATED ANNUAL EXPENSES IN 2025/26 DOLLARS
Administration (Manager, Treasurer, Clerk, and Legal Counsel) $9,750 Outside Administration Services, Membership, and Insurance $2,462 Monitoring Activities $3,375
Maintenance and Operation $13,900
Capital Improvements $11,063
Major Repair (Annualized) $ 10,000
Miscellaneous & Contingency (10%) $4,055
Reserve $81

TOTAL

$54,686

37 52639197.1/517102.0

www.engeo.com
38 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-032
DATE: January 27, 2026
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept Grant Funding in the Amount of $153,000 from the California Department of Justice Tobacco Grant Program, and Appropriate the Funds to the Code Enforcement Division of the Development Services Department, for the Term of Three Years

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept grant funding in the amount of $153,000 from the California Department of Justice (DOJ) Tobacco Grant Program, allocating these funds to the Code Enforcement Division of the Development Services Department for a three-year term to support tobacco regulation enforcement and public health efforts.

SUMMARY
Staff recommends Council adopt the attached resolution to accept a $153,000 grant from the California DOJ Tobacco Grant Program (Award # DOJ-PROP56-2025-26-1-018). The grant supports efforts to reduce tobacco sales to underage youth through enhanced enforcement activities over three years. There is no match required for this grant.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/22/2026Page 1 of 1
powered by Legistar™
39

DATE: January 27, 2026

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept Grant Funding in the Amount of $153,000 from the California Department of Justice Tobacco Grant Program and Appropriate the Funds to the Code Enforcement Division of the Development Services Department for a Term of Three Years

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept grant funding in the amount of $153,000 from the California Department of Justice (DOJ) Tobacco Grant Program, allocating these funds to the Code Enforcement Division of the Development Services Department for a three-year term to support tobacco regulation enforcement and public health efforts.

SUMMARY

Staff recommends Council adopt the attached resolution to accept a $153,000 grant from the California DOJ Tobacco Grant Program (Award # DOJ-PROP56-2025-26-1-018). The grant supports efforts to reduce tobacco sales to underage youth through enhanced enforcement activities over three years. There is no match required for this grant.

FISCAL IMPACT

Acceptance of the grant funding has no impact on the General Fund, as no City match is required. Funds will be appropriated into a Grant Reimbursement Fund to support the operation of the Code Enforcement Division's tobacco compliance efforts.

Grant Budget Breakdown
Category of Expenditure FY25-26 FY26-27 FY27-28 FY28-29 Total Personal Services $25,000 $50,000 $50,000 $25,000 $150,000 Administrative Costs $500 $1,000 $1,000 $500 $3,000
Total Award Amount $25,500 $51,000 $51,000 $25,500 $153,000

40

BACKGROUND

The City's Code Enforcement Division was competitively selected for a $153,000 grant from the California DOJ Tobacco Grant Program, one of many applicants vying for a share of the program's funds amidst approximately $50 million in requests for the 2025-26 cycle. The grant prioritizes local retailer enforcement and collaboration to curb tobacco sales to underage youth. In June 2025, the City's Grant Committee approved the Division's application, and in November 2025, the City was awarded funds under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Award # DOJ-PROP56-2025-26-1-018). Over three years, the Code Enforcement Division will conduct 103 annual retailer inspections and provide education to support compliance with tobacco laws, focusing on restricting sales of flavored products and protecting public health. This grant aligns with the City's Strategic Roadmap goals of promoting public health and safety through effective regulation and enforcement.

DISCUSSION

The City's grant committee reviewed the application and recommended proceeding, contingent on using existing staff to administer the grant (no new positions added). A current Code Enforcement Inspector will conduct enforcement activities. This grant streamlines the tobacco compliance program, allowing one inspector to oversee it, and saves City funds typically used for tobacco enforcement, freeing them up for other programs. Code Enforcement currently funds this program without additional City financial support. The grant optimizes resources and provides financial benefits to the City.

ECONOMIC IMPACT

The grant funding supports enforcement efforts without requiring new City funding, reducing tobacco-related costs and promoting Hayward's economic vitality through improved public health.

STRATEGIC ROADMAP

This project supports the Strategic Priority of Enhance Community Safety, however, it is not tied to implementation of any specific projects.

SUSTAINABILITY FEATURES

The grant funding supports sustainable public health efforts by reducing tobacco use, promoting compliance with tobacco regulations, and decreasing the environmental impact of tobacco product waste. By funding enforcement activities, the City enhances community health outcomes while advancing environmental stewardship goals aligned with City of Hayward initiatives.

41

NEXT STEPS

Upon Council approval, the City Manager will accept the grant and allocate funds to the Code Enforcement Division for implementation with program activities starting FY 2025-26.

Prepared by: Tera Maroney, Management Analyst

Recommended by: Sara Buizer, AICP. Development Services Director

Approved by:

_________________________________
Jennifer Ott, City Manager
42 ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE GRANT FUND ING IN THE AMOUNT OF $153,000 FROM THE

CALIFORNIA, DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM AND

APPROPRIATE THE FUNDS TO THE CODE ENFORCEMENT DIVISION OF THE

DEVELOPMENT SERVICES DEPARTMENT FOR A TERM OF THREE YEARS

WHEREAS, the City of Hayward is interested in participating in the Tobacco Grant Program (Program), which is made available through The California Healthcare Research and Prevention Tobacco Tax Act of 2016 (Prop 56) and administered by the California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors; and

WHEREAS, upon City’s submittal of a proposal for the Program, DOJ awarded $153,000 for the three -year grant project beginning January 2026 and ending June 2029; and

WHEREAS, Grant funds will be used to support the operation of the Code Enforcement Division’s tobacco compliance efforts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD RESOLVES AS FOLLOWS:

1. The City Manager or a designated representative is hereby authorized, on behalf of the City, to accept grant funding in the amount of $153,000 from DOJ.

2. The City Manager or a designated representative is hereby authorized and directed, on behalf of the City, to execute the grant documents including funding terms and conditions and to submit all documents including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds and comply with conditions of the grant.

3. The City Manager or a designated repr esentative is hereby authorized and directed to establish all required accounts and make all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent o f this resolution.

43 ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2026

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

44 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-014
DATE: January 27, 2026
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt Resolutions Authorizing the City Manager to Negotiate and Execute Landscape Maintenance Contracts for Twin Bridges Landscape and Lighting Assessment District 7 with New Image Landscape Company in a Not-to-Exceed Amount of $357,000 and for Parkside Heights Landscape and Lighting Assessment District 17 with Pacheco Landscape Management, Inc. in a Not-to-Exceed Amount of $91,000

RECOMMENDATION
That City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a landscape maintenance contracts for Twin Bridges Landscape and Lighting Assessment District (LLAD) 7 with New Image Landscape Company (New Image)in a not-to-exceed amount of $357,000 and a resolution (Attachment III) authorizing the City Manager to negotiate and execute a landscape maintenance contract for Parkside Heights LLAD 17 with Pacheco Landscape Management, Inc. (Pacheco) in a not-to-exceed amount of $91,000, both for a length of five years.

SUMMARY
Maintenance Services’ Landscape Division maintains eighteen (18) LLADs and two (2) Maintenance Districts. In October 2025, staff released requests for quotes (RFQ) to seek experienced and qualified contractors to provide landscape maintenance within Twin Bridges (LLAD 7) and Parkside Heights (LLAD 17). Staff received and evaluated five (5) bids for LLAD 7 and six (6) bids for LLAD 17. For LLAD 7, staff recommends awarding the landscape maintenance contract to New Image in a not-to-exceed amount of $357,000. For LLAD 17, staff recommends awarding the contract to Pacheco in a not-to-exceed amount of $91,000. Both agreements will have an effective term date from July 1, 2025 - June 30, 2028, with an option to extend for two one-year extensions through June 2030. The agreements are also subject to an annual CPI increase.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution for Twin Bridges LLAD 7
CITY OF HAYWARD Printed on 1/22/2026Page 1 of 2
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45 File #:CONS 26-014
Attachment III Resolution for Parkside Heights LLAD 17
CITY OF HAYWARD Printed on 1/22/2026Page 2 of 2
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DATE: January 27, 2026

TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT: Adopt Resolutions Authorizing the City Manager to Negotiate and Execute Landscape Maintenance Contracts for Twin Bridges Landscape and Lighting Assessment District 7 with New Image Landscape Company in a Not -to-Exceed Amount of $ 357,000 and for Parkside Heights Landscape and Lighting Assessment District 17 with Pacheco Landscape Management, Inc. in a Not-to-Exceed Amount of $91,000

RECOMMENDATION

That City Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a landscape maintenance contracts for Twin Bridges Landscape and Lighting Assessment District (LLAD) 7 with New Image Landscape Company (New Image) in a not-to-exceed amount of $357,000 and a resolution (Attachment III) authorizing the City Manager to negotiate and execute a landscape maintenance contract for Parkside Heights LLAD 17 with Pacheco Landscape Management, Inc. (Pacheco) in a not-to-exceed amount of $91,000, both for a length of five years.

SUMMARY
Maintenance Services’ Landscape Division maintains eighteen (18) LLADs and two (2) Maintenance Districts. In October 2025, staff released requests for quotes (RFQ) to seek experienced and qualified contractors to provide landscape maintenance within Twin Bridges (LLAD 7) and Parkside Heights (LLAD 17). Staff received and evaluated five (5) bids for LLAD 7 and six (6) bids for LLAD 17. For LLAD 7, staff recommends awarding the landscape maintenance contract to New Image in a not-to-exceed amount of $357,000. For LLAD 17, staff recommends awarding the contract to Pacheco in a not-to-exceed amount of $91,000. Both agreements will have an effective term date from July 1, 2025 – June 30, 2028, with an option to extend for two one-year extensions through June 2030. The agreements are also subject to an annual CPI increase.

47

BACKGROUND AND DISCUSSION

In October 2025, staff released RFQ 26-008 that detailed landscape maintenance required for LLAD 7. In December 2025, staff received the following bids:

Vendor Monthly Bid Yearly Bid

NEW IMAGE

LANDSCAPE COMPANY
$ 5,100 $ 61,200

BRIGHTVIEW

LANDSCAPE SERVICES,
INC.
$ 5,261.08 $ 63,132.96

BAYSCAPE

MANAGEMENT, INC
$ 5,480 $ 65,760

PACHECO LANDSCAPE

MANANAGEMENT, INC
$ 6,200 $ 74,400
LOS LOZA, INC $ 7,800 $ 93,600
Staff recommends awarding the contract to New Image. The expected yearly cost, inclusive of 3% annual CPI increase and a 10% contingency, is outlined below.

Cost Type FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total Contractual
Services
$ 61,200 $ 63,036 $ 64,927 $ 66,875 $ 68,881 $ 324,919
Contingency $ 6,121 $ 6,120 $ 6,120 $ 6,860 $ 6,860 $ 32,081 Total $ 67,321 $ 69,156 $ 71,047 $ 73,735 $ 75,741 $ 357,000 Additionally, staff released RFQ 26 -012 that detailed landscape maintenance required for LLAD 17. Staff received the following bids:

Vendor Monthly Bid Yearly Bid

PACHECO LANDSCAPE

MANANAGEMENT, INC
$ 1,300 $ 15,600
LOS LOZA, INC $ 1,920 $ 23,040

BRIGHTVIEW

LANDSCAPE SERVICES,
INC.
$ 2,070.92 $ 24,851.04

BAYSCAPE

MANAGEMENT, INC
$ 2,495 $ 29,940

NEW IMAGE

LANDSCAPE COMPANY
$ 2,510 $ 30,120

RUBICON LANDSCAPE

CORPORATION
$ 4,523.45 $ 54,281.45
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Staff recommends awarding the contract to Pacheco. The expected yearly cost, inclusive of 3% annual CPI increase and 10% contingency, is outlined below.

Cost Type FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total Contractual
Services
$ 15,600 $ 16,068 $ 16,550 $ 17,047 $ 17,558 $ 82,823
Contingency $ 1,497 $ 1,500 $ 1,580 $ 1,800 $ 1,800 $ 8,177 Total $ 17,097 $ 17,568 $ 18,130 $ 18,847 $ 19,358 $ 91,000

FISCAL AND ECONOMIC IMPACT

Each LLAD collects tax assessments levied on the parcels within the community. LLAD 7 (Fund 274) and LLAD 17 (Fund 290) have sufficient funds for this agreement. This item has no impact on the General Fund.

Routine landscape maintenance provides economic benefits, such as reduced blight, increased property values, and enjoyable outdoor spaces for recreational activities.

STRATEGIC ROADMAP AND SUSTAINABILITY FEATURES

This item is a routine operational item and does not directly support Council’s Strategic Priorities or has significant sustainability features.

NEXT STEPS

If Council approves the attached resolution, the City Manager will execute the agreement with New Image for Twin Bridges LLAD 7 for a total not-to-exceed amount of $357,000 and an agreement with Pacheco for Parkside Heights LLAD 17 for a total not-to-exceed amount of $91,000. Both agreements will have a termination date through FY2030 and subject to CPI increases.

Prepared by: Manny Grewal, Management Analyst
Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

Jennifer Ott, City Manager
49 ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member ______

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A LANDSCAPE MAINTENANCE CONTRACT S FOR TWIN BRIDGES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 7 WITH NEW IMAGE LANDSCAPE COMPANY IN A NOT-TO-EXCEED AMOUNT OF $357,000

WHEREAS, the Landscape Maintenance Division maintains eighteen (18) Landscape and Lighting Assessment Districts (LLAD) and two (2) Maintenance Districts; and,

WHEREAS, each District collects property tax assessments levied on the parcels within the community to fund specific operating and maintenance needs for its District; and,

WHEREAS, in October 2025, staff released a Request for Quote (RFQ) 2 6-008for a qualified contractor to provide maintenance on landscaping, trees, bioretention areas, irrigation, and walking paths for Twin Bridges (LLAD 7); and,

WHEREAS, in December 2025, staff received and evaluated five (5) bids; and,

WHEREAS, staff recommends awarding the contract to New Image Landscape Company (New Image), the lowest bidder, in an annual amount of $67,321, which includes a 10 percent contingency, and is subject to CPI increases; and,

WHEREAS, the contract term length would be for three (3) years with two (2) options for one (1)-year extensions, for a total contract term length of five years; and,

WHEREAS, the District has sufficient balance in its fund for this contract and will have no impact on the General Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute a landscape maintenance contract for Twin Bridges Lighting and Landscape Assessment District 7 with New Image Landscape Company in a not-to-exceed amount of $357,000effective from FY26 thru FY30.

50 ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2026

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
51 ATTACHMENT III

HAYWARD CITY COUNCIL
RESOLUTION NO. 26-____
Introduced by Council Member ___

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A LANDSCAPE MAINTENANCE CONTRACTS FOR PARKSIDE
HEIGHTS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 17 WITH PACHECO LANDSCAPE MANAGEMENT, INC. IN A NOT -TO-EXCEED AMOUNT OF $91,000

WHEREAS, the Landscape Maintenance Division maintains eighteen (18) Landscape and Lighting Assessment Districts (LLAD) and two (2) Maintenance Districts; and,

WHEREAS, each District collects property tax assessments levied on the parcels within the community to fund specific operating and maintenance needs for its District; and,

WHEREAS, in October 2025, staff released RFQ 26 -012 for a qualified contractor to provide maintenance on landscaping, trees, bioretention areas, irrigation, and walking paths for Parkside Heights (LLAD 17); and,

WHEREAS, in December 2025, staff received and evaluated six (6) bids; and,

WHEREAS, staff recommends awarding the contract to Pacheco Landscape Management, Inc. (Pacheco), the lowest bidder, in an annual amount of $17,097, including a 10 percent contingency, and subject to CPI increases; and,

WHEREAS, the contract term length would be for three (3) years with two (2) options for one (1)-year extensions, for a total contract term length of five years; and,

WHEREAS, the District has sufficient balance in its fund for this contract and will have no impact on the General Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute a la ndscape maintenance contract for Parkside Heights Lighting and Landscape Assessment District 17 with Pacheco Landscape Management, Inc. in a not-to-exceed amount of $91,000, effective from FY26 thru FY30.

52 ATTACHMENT III

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2026

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

53 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-015
DATE: January 27, 2026
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt Resolutions to 1) Initiate Proceedings Pursuant to Government Code Section 53753, 2) Provide Intention to Levy Assessments for FY 2026, 3) Preliminarily Approve FY 2026 the Engineer’sReport, 4) Provide a Notice of Proposition 218 Public Hearing for Stratford Village Flood Control Facilities Improvement Assessment (MD1 - 2026), 5) Approve the Mailing of Ballots, and 6) Adopt Proposition 218 Assessment Ballot Procedures

RECOMMENDATION
That the City Council adopts two resolutions (Attachment II and III):

1. Initiating proceedings pursuant to Government Code Section 53753,

2. Providing intention to levy assessments for FY 2026,

3. Preliminarily approving the FY 2026 Engineer’s Report,

4. Providing a notice of Proposition 218 Public Hearing,

5. Approving the mailing of ballots, and

6. Adopting procedures for Proposition 218 Assessment Ballot Proceedings for the Stratford Village Flood Control Facilities Assessment District.

SUMMARY
Maintenance District #1 (District) was established in 1995 as a financial funding mechanism to fund the operation, maintenance, and the capital repair and replacement of the Stratford Village Storm Water Lift Station, the critical flood protection infrastructure for the neighborhood. Thirty years later, the funds generated from the annual assessment revenue are no longer sufficient to provide proper operation, maintenance, and the capital repair and replacement of the District’sstorm water drainage and pumping infrastructure.

To meet this need, staff is recommending a Proposition 218 assessment balloting procedure to propose a new assessment that includes:

1.) A cost-of-living adjustment mechanism in order to ensure that the flood control infrastructure is properly funded over time for operations and maintenance.

2.) An annual augmentation of approximately $7,544 (2025-26 dollars) to the annual operating CITY OF HAYWARD Printed on 1/22/2026Page 1 of 2
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54 File #:CONS 26-015

2.) An annual augmentation of approximately $7,544 (2025-26 dollars) to the annual operating budget.

3.) A capital investment of $379,049, to be financed over 40 years to fund the Pump and Equipment Replacement Fund/2030 Pump replacement.

Tonight, staff is recommending that the Council take formal action to initiate the Proposition 218 election process by preliminarily approving the Engineer’s Report, providing a Notice of Public Hearing in compliance with Proposition 218, approving the mailing of ballots, and adopting Proposition 218 Assessment Ballot Proceeding Procedures.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution for Twin Bridges LLAD 7
Attachment III Resolution for Parkside Heights LLAD 17 Attachment IV Preliminary Engineer’s Report
CITY OF HAYWARD Printed on 1/22/2026Page 2 of 2
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55

DATE: January 27, 2025

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt Resolution s to 1) Initiate Proceedings Pursuant to Government Code Section 53753 , 2) Provide Intention to Levy Assessments for FY 202 6, 3) Preliminarily Approv e FY 202 6 Engineer’s Report , 4) Provide a Notice of Proposition 218 Public Hearing for Stratford Village Flood Control Facilities Improvement Assessment (MD1 - 2026), 5) Approv e the Mailing of Ballots, and 6) Adopt Proposition 218 Assessment Ballot Procedures

RECOMMENDATION

That the City Council adopts two resolutions (Attachment II and III):

1. Initiating proceedings pursuant to Government Code Section 53753,

2. Providing intention to levy assessments for FY 2026,

3. Preliminarily approving the FY 2026 Engineer’s Report,

4. Providing a notice of Proposition 218 Public Hearing,

5. Approving the mailing of ballots, and

6. Adopting procedures for Proposition 218 Assessment Ballot Proceedings for the Stratford Village Flood Control Facilities Assessment District.

SUMMARY

Maintenance District #1 (District) was established in 1995 as a financial funding mechanism to fund the operation, maintenance, and the capital repair and replacement of the Stratford Village Storm Water Lift Station, the critical flood protection infrastructure for the neighborhood. Thirty years later, the funds generated from the annual assessment revenue are no longer sufficient to provide proper operation, maintenance, and the capital repair and replacement of the District’s storm water drainage and pumping infrastructure.

To meet this need, staff is recommending a Proposition 218 assessment balloting procedure to propose a new assessment that includes:

1.) A cost-of-living adjustment mechanism in order to ensure that the flood control infrastructure is properly funded over time for operations and maintenance.

2.) An annual augmentation of approximately $7,544 (2025-26 dollars) to the annual operating budget.
56

3.) A capital investment of $379,049, to be financed over 40 years to fund the Pump and Equipment Replacement Fund/2030 Pump replacement.

Tonight, staff is recommending that the Council take formal action to initiate the Proposition 218 election process by preliminarily approving the Engineer’s Report, providing a Notice of Public Hearing in compliance with Proposition 218, approving the mailing of ballots, and adopting Proposition 218 Assessment Ballot Proceeding Procedures.

FISCAL IMPACT

This action has no impact on the City’s General Fund.

The District funds the operations and maintenance of the Stratford Village Storm Water Lift Station (SWLS) through its assessments. Currently, there are insufficient funds to properly maintain or replace the SWLS, increasing the risk of neighborhood flooding. The ballot procedure proposed in this report would increase the assessment to create a sustainable operating budget and establish a fund balance to ensure positive cash flow.

BACKGROUND

The Stratford Village neighborhood is located within a large drainage basin, with the Ward Creek1 drainage facilities running along the western edge of the neighborhood. In 1992, as part of the Stratford Village neighborhood pre-development analysis, it was determined that the neighborhood was located below the 100-year flood zone. Due to the increased risk of flooding, the conditions of development approval required extensive grading to raise the elevation of the property to receive approvals from the City.

Development of the neighborhood was eventually made possible with the construction of a dedicated SWLS, built in 1995, designed solely to service this specific development. The SWLS was constructed at the end of Pacheco Way to pump storm water runoff for the developed area adjacent to Alameda County Flood Control and Water Conservation District’s (ACFCWCD) Line B, Zone No. 3A, Ward Creek. The SWLS was designed with capacity to only process the stormwater run-off generated by the 174-lot development, a portion of Ruus Lane, Stratford Road, and the Stratford Village Park. No added capacity was constructed for run-off from other areas outside those mentioned above.

The ACFCWCD 2, through an agreement with the City, provides a range of construction, repair, maintenance, operations, and upgrades to the district’s storm drainage and pump station improvements. These improvements protect the usefulness, utility, desirability, and livability of all properties within its jurisdictional area by preventing flooding.

The District was formed as a financial mechanism for the property owners to fund the station’s operation, maintenance, and capital replacement in perpetuity. This station is the

1 URL – Ward Creek – Old Alameda Creek Watershed
2 URL – ACFCWCD Site
57

only privately built SWLS in the City, initially funded by the developer, and able to be operated and maintained solely with assessment revenue collected by the benefited property owners.

Presently, $42,456 in assessment revenue is collected annually, with each of the 174 property owners contributing $243.92 per year. The annual maximum charge rate (Assessment) was established and set when the District was established in 1995 and cannot be legally increased without official property owner approval completed through a formal assessment balloting procedure. Thirty years later, the funds generated from the annual Assessment are no longer sufficient to properly operate and maintain the Stratford Village SWLS and to provide for repair and replacement of its critical infrastructure assets.

DISCUSSION

Properties in the Stratford Village neighborhood are currently at an increased risk for flooding if the SWLS is not operating properly. The proposed Assessment will fund an increase in maintenance, operations, and improvement activities to reduce the likelihood of SWLS failure and reduce the threat of flooding, thereby significantly reducing the risk of property damage potential and loss of life associated with floods. Proper flood control operation, maintenance, and capital repair helps to protect, and specifically benefits, all properties in the District.

Each year the City evaluates the need to increase assessments to ensure there are adequate funds to continue to provide proper operation, maintenance, and capital replacement of the storm water pumping facilities. As part of this effort, the County of Alameda updated their capital replacement study to determine whether the MD1 is adequately funded. Currently there are not sufficient funds to replace the MD1 capital facilities when they reach the end of their useful life.

Based on input from the Stratford Village neighborhood, staff recommends establishing a new assessment that incorporates several critical improvements to the existing assessment including:

1.) A cost-of-living adjustment mechanism to ensure that the flood control infrastructure is properly funded over time for operations and maintenance.

2.) An annual augmentation of approximately $7,544 (2025-26 dollars) to the annual operating budget.

3.) A capital investment of $379,049, to be financed over 40 years to fund the Pump and Equipment Replacement Fund/2030 Pump replacement.

The attached Engineer’s Report (Attachment IV) serves as the basis for this proposed new assessment (MD1-2026) to fund a specific portion of these critically needed storm water pumping facilities improvements. This assessment, if approved by property owners, will be in addition to the existing MD1 assessment, adding a new assessment designated as MD1- 2026.

The area that will benefit from the proposed flood includes 29.1 acres, of which 24.7 acres are residential, 1.9 acres are for a park site, and 2.5 acres are for the collector streets associated with Stratford Road and Ruus Lane. Pacheco Way does not drain into this 58

drainage basin system nor does the industrial property to the south. The area is characterized by relatively flat terrain, low elevation and drains into the ACFCD’s Line B, Zone No. 3A. The area is served by a pump station to manage storm runoff and avoid any surface flooding.

The boundary of the District is shown below

Legal Analysis of Proposition 218 to Fund Flood Control

The proposed assessment complies with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses of a public improvement which provide a special benefit to the assessed property.

Proposition 218 imposes several important requirements, including property-owner balloting, for the formation and continuation of assessments, and these requirements are satisfied by the process being used to establish this proposed assessment.

Funding for flood control is a well-supported and appropriate use of a benefit assessment.

In fact, when Proposition 218 was initially approved in 1996, it allowed for certain types of assessments, including flood control, to be “grandfathered” in, and these were exempted from the property–owner balloting requirement. Proposition 218 is manifested as Article XIIID of the State Constitution, and states in part in Section 5:

59

“Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4:

“(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems (emphasis added) or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”

Specific mention of “flood control and drainage systems” underscores the fact that the drafters of Proposition 218 were satisfied that funding for such activities is an appropriate use of benefit assessments, and therefore confers a direct and special benefit to property.

Proposition 218 Process3

Principal requirements. Section 4 of Article XIII D and the Proposition 218 Omnibus Implementation Act (Gov. Code § 53750 et seq.) sets forth Proposition 218’s procedural requirements. The principal requirements are:

1. An agency must provide 45 days’ written notice of a public hearing, and mail ballots to the owners of the parcels to be assessed;

2. The notice must include specified information, including information regarding the special assessments, the public hearing, and owners’ right to cast votes weighted by each owner’s special assessment amount;

3. An agency must hold a noticed public hearing for the purpose of allowing public testimony regarding the proposed assessments. At the public hearing, the agency will tally the results of the majority protest vote; and

4. If it is determined that the assessment ballots submitted in opposition to the proposed assessments do not exceed the assessment ballots submitted in favor of the assessments (weighted by the proportional financial obligation of the property for which ballots are submitted), the City Council may take action to approve the imposition of assessments for fiscal year 2026.

5. If a majority of the weighted votes does not oppose the special assessments, the agency may vote to levy the special assessment.

Funding Options

The financial plan also includes the establishment of a fund balance equal to at least half of the annual operating costs to ensure positive cash flow to account for assessment revenues

3 URL – League of California Cities Review of Proposition 218 and 26 60

that lag approximately six months. The plan includes a reasonable fund balance to allow for occasional major maintenance expenses in future years to ensure the pump station retains its capacity and reliability. The estimated unfunded cost of providing the services in FY26 is $17,020.23.

The current assessment rate is $243.92 per parcel in the District. The proposed cost increase is $97.82 for a total annual assessment of $341.74. This rate would be subject to annual CPI increases, if appropriate, by an amount equal to the annual change in the U.S.

Department of Labor, Bureau of Labor Statistics Consumer Price Index – All Urban Consumers (CPI) for the Northern California Consumer Price Index, SAN FRANCISCO- OAKLAND-HAWYARD, not to exceed 3% per year. The February-to-February CPI will be used to calculate the CPI. The CPI adjustment will be applied to the sum of the existing 1995 assessment and the proposed new assessment.

PUBLIC CONTACT

Previously, through a series of mailers, virtual community meetings, a dedicated webpage, flyers delivered to each of the 174 properties in the neighborhood, use of electronic message boards parked in the neighborhood, and Council meetings, staff has sought to inform and receive input from Stratford Village property owners and Council regarding the best path forward to protect Stratford Village from flooding.

On December 9, 2025, staff held an in-person event with representatives from ACFCWCD and SCI Consultants for residents at the pump station to explain how it works, the upgrades needed, and the Prop 218 process.

NEXT STEPS

If Council adopts the attached two resolutions, a notice and ballot materials will be sent to all property owners of record within the District at least 45 days prior to the scheduled public hearing. The ballot materials will include a postage paid return envelope, addressed to the City of Hayward Office of the City Clerk. The City Clerk will collect all received ballot envelopes and will only open those ballot envelopes at the April 21, 2026 public hearing.

In addition, a required legal notice will be published in the Daily Review, announcing April 21, 2026 as the public hearing date in which the ballots will be opened and counted.

The public hearing will be held on April 21, 2026 to open, tally, and report on ballots received by the Office of the City Clerk. Should the proposed Proposition 218 balloting be performed and pass the City Council may take action to approve the imposition of assessments for fiscal year 2026 (July 2026 through June 2027) and each fiscal year thereafter. The levy and collection of the assessments would continue year to year until terminated by the City Council.

61

Prepared by: Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

_________________________________
Jennifer Ott, City Manager
62 ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO.

Introduced by Council Member

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD

INITIATING PROCEEDINGS PURSUANT TO GOVERNMENT CODE SECTION 53753 AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, PROVIDING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 202 6,

PRELIMINARILY APPROVING THE ENGINEER'S REPORT, AND PROVIDING

FOR NOTICE OF HEARING, AND THE MAILING OF ASSESSMENT BALLOTS

FOR THE STRATFORD VILLAGE FLOOD CONTROL FACILITIES
IMPROVEMENT ASSESSMENT (MD1-2026)

WHEREAS, on June 6, 1995, by Resolution No. 95 -103, the City Council ordered the formation Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit – Pacheco Way, Stratford Road, and Russ Lane (“MD1”) to provide for the operation and maintenance of the storm drainage improvements and the stormwater pumping facility to serve the area commonly known as Stratford Village; and

WHEREAS, the funds generated from the MD1 Assessment are no longer adequate to continue to provide proper operation, maintenance, and capital replacement of the drainage and pump facilities.

WHEREAS, Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California , authorizes formation of a maintenance district, and imposition of assessments to finance construction, improvement, and maintenance of drainage facilities; and

WHEREAS, the City of Hayward (“City”) desires to initiate the proce edings for the establishment of the Stratford Village Flood Control Facilities Improvement Assessment pursuant to Government Code Section 53753 and Article XIIID of the California Constitution; and to provide improved maintenance and operations services an d improvements to the drainage and pump facilities within the proposed district; and

WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution; and

WHEREAS, Articles XIIIC and XIIID of the Ca lifornia Constitution and implementing statutes impose certain procedural and substantive requirements relating to assessments (as defined); and

63 ATTACHMENT II

WHEREAS, an Engineer’s Report (the “Report”) has been prepared by SCI Consulting Group (the “Engineer of Work”) and submitted to the City Council (the “Council”), in which a new assessment is proposed to fund the cost to provide maintenance and operations services and improvements to the drainage and pump facilities within the proposed district boundaries; and

WHEREAS, this proposed assessment shall be described as th e “Stratford Village Flood Control Facilities Improvement Assessment (MD1-2026)” (hereinafter the “Assessment”).

NOW THEREFORE BE IT RESOLVED, by the City of Hayward City Council as follows:

1. Reference to Initiation. SCI Consulting Group, the Engineer of Work, has prepared an Engineer’s Report in accordance with Article XIIID of the California Constitution and Government Code section 53750, 54710 et seq. (the "Report"). The Report has been made, filed with the City Clerk and duly considered by the Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution.

2. Description of the Services. Within the Assessment District, the proposed Services will include improved maintenance and operations services and improvements to the drainage and pump facilities as described in the Engineer’s Report.

3. Reference to Engineer’s Report. Reference is hereby made to the Report for a full and detailed description of the Services, the boundaries of the Assessment District and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

4. Report of the Engineer of Work. The Report, which is available for public review upon request is hereby incorporated by reference. This Engineer’s Report includes:

A. A description of the Services to be funded with Assessment proceeds; B. An estimate of the annual cost of such Services;
C. A description of the assessable parcels of land within the District and proposed to be subject to the new Assessment;
D. A description of the proportionate special and general benefits conferred on property by the proposed Assessment;
E. A description of the boundaries of the proposed Assessment District; F. A specification of the amount to be assessed upon various types of assessable land to fund the cost of the Services.

5. Description of Assessment District. The Assessment District consists of the lots and parcels shown on the Assessment Diagram of the Assessment District on file with the City Clerk, and reference is hereby made to such map for further particulars.

64 ATTACHMENT II

6. Proposed Assessment Rate. It is the intention of this Council to levy and collect assessments within the Assessment District. The estimated fiscal year 202 6 cost of providing the Services to be funded by this proposed assessment is $17,020.23 This cost results in a maximum proposed assessment rate per single-family equivalent benefit unit of NINETY-SEVEN DOLLARS AND EIGHTY -TWO CENTS ($97.82) . If approved, these rates may be increased in future years by an amount equal to the annual change in the U.S.

Department of Labor, Bureau of Labor Statistics Consumer Price Index – All Urban Consumers (“CPI”) for the Northern California Consumer Price Ind ex, SAN FRANCISCO - OAKLAND-HAWYARD, not to exceed 3% per year. The February-to-February CPI will be used to calculate the CPI. The CPI adjustment will be applied to the sum of the existing 1995 assessment and the proposed new assessment.

7. CPI. If approved, these rates may be increased in future years by an amount equal to the annual change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index – All Urban Consumers (“CPI”) for the Northern California Consumer Price Index, SAN FRANCISCO-OAKLAND-HAWYARD, not to exceed 3% per year. The February - to-February CPI will be used to calculate the CPI. The CPI adjustment will be applied to the sum of the existing 1995 assessment and the proposed new assessment. Any CPI in excess of 3% may be used in subsequent years when the CPI is less than 3%. In the case of a negative February to February CPI, a 0.0% CPI will be used.

8. Public Hearing . The public hearing on the proposed assessment shall be held before the City Council on Tues day, April 21 , 202 6, at the hour of 7:00pm and for the purpose of this Council’s determination of whether the public interest, convenience and necessity require the Services and this Council’s final action upon the Report and the assessments therein.

9. Notice and Ballot . The City Clerk is hereby authorized and directed to cause Notice of the hearing ordered under Section 53753 of the Government Code and Article XIIID, Section 4 of the California Constitution law by mailing, postage prepaid, in the United States mail, and such Notice shall be deemed to have been given when so deposited in the mail. The envelope or cover of the mailing shall include the name of the District. The mailed Notice shall be given by such mailing by name to those persons whose names and addresses appear on the last equalized secured property tax assessment roll of the County of Alameda, or in the case of any public entity, the representative of such public entity at the address thereof known to the City Clerk. The Notice shall include, but not be limited to, the total amount of the assessment proposed to be levied in the Assessment District fo r fiscal year 2026, the assessment proposed for the owner's particular parcel(s) and the duration thereof and the reason for the assessment. Each Notice shall also contain the proposed assessment and the basis upon which the amount of the assessment was ca lculated. Each Notice shall also contain an assessment ballot, a summary of the procedures applicable to the completion, return and tabulation of assessment ballots, the date, time, and location of the public hearing and a statement that the existence of a majority protest will result in the assessment not being imposed. The Notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing.

65 ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA , 2026
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
66 ATTACHMENT III

HAYWARD CITY COUNCIL
RESOLUTION NO.

Introduced by Council Member

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD ADOPTING PROCEDURES FOR PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS

FOR THE STRATFORD VILLAGE FLOOD CONTROL FACILITIES
IMPORVEMENT ASSESSMENT (MD1-2026)

WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution; and

WHEREAS, Articles XIIIC and XIIID of the California Constitution impose certain procedural and substantive requirements relating to assessments (as defined); and

WHEREAS, some of the requirements of Proposition 218 are unclear and require, or have required, judicial interpretation and/or legislative implementation; and

WHEREAS, the City of Hayward (the “City”) believes it to be in the best interest of the City and its pro perty owners to confirm and memorialize the City’s procedures and guidelines regarding implementation of the provisions of Proposition 218 and pertinent statutes relating to assessments.

WHEREAS, under Government Code sections 53759.1 and 53759.2 (known a s “AB 2257”), the City may establish supplemental procedures for objecting property owners to exhaust administrative remedies, also described in this resolution, by which the City will take specified actions in response to any “timely written objection.” Under this process, only an owner who submits a timely written objection will have a right to challenge a proposed assessment through a legal proceeding. (These supplemental processes were authorized by Assembly Bill No. 2257, Chapter 561, Statutes of 2024, effective January 1, 2025.); and

WHEREAS, this resolution identifies the procedural steps the City will follow to implement the administrative remedies property owners must exhaust under Government Code sections 53759.1 before initiating any legal action to challenge an assessment. In general, at least 45 days before a public hearing to consider a proposed new assessment, the City will make publicly available the proposed new assessment and post the written basis for the proposed new assessment on its website. During this period (for at least 45 days after notice of public hearing), any property owner may review the proposed assessment and submit a written objection specifying the grounds for alleging noncompliance with Proposition 218. The City will consi der each timely written objection and provide a substantive written response prior to the close of the public hearing.

67 ATTACHMENT III

WHEREAS, for any new assessment approved by the City implementing the procedures described in this resolution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for such new assessment, unless that person or entity has timely submitted to the City a written objection to that a ssessment that specifies the grounds for alleging noncompliance with Proposition 218; and

WHEREAS, the City Council hereby intends to adopt the exhaustion of administrative remedies procedure as outlined in Government Code section 53759.1, and the administrative record principles contained in Government Code section 53759.2.

NOW, THEREFORE, the City Council of the City of Hayward does hereby resolve as follows:

SECTION 1. Statement of Legislative Intent . In adopting this resolution, it is the Council’s intent to adopt assessment ballot proceedings, which are consistent and in compliance with Articles XIIIC and XIIID of the California Constitution and with Government Code Sections 53750 through 53754. It is not the intent of the Council to vary in any way from the requirements of either the California Constitution or the laws of the State of California. If there is any inconsistency between a provision of this resolution and state law, state law will govern.

SECTION 2. Definition of Assessment. Proposition 218 defines “assessment” as “any levy or charge by an agency upon real property that is based upon the special benefit conferred upon the real property by a public improvement or services, that is imposed to pay the capital cost of the public improvement, the maintenance and operation expenses of the public improvement or the cost of the service being provided.” “Assessment” includes, but is not limited to, “special assessment,” “benefit assessment,” “mai ntenance assessment,” and “special assessment tax.”

SECTION 3. Assessment Ballot Proceeding. The following procedures shall be used in an assessment ballot proceeding that follows the requirements of Article XIIID, section 4 of the California Constitution:

A. Amount of Assessment . Only special benefits are assessable. The amount of each assessment shall be each identified parcel’s proportionate share of the cost of the additional flood control facilities and maintenance services based upon that parcel’s special benefit from the Service. The amount shall be proportional to and no greater than the special benefits conferred on the property.

B. Engineer’s Report. The Council shall direct the filing of an engineer’s report that shall comply with the applicable stat e statute authorizing the assessment and with Article XIIID, Section 4, of the California Constitution. The engineer’s report shall explain the special benefits conferred by the improvements and/or services funded by the assessments. The engineer’s report shall also provide the evidence upon which the Council may find that a special benefit exists. If the improvement or service confers a general benefit, the engineer’s report shall describe the general benefit and an 68 ATTACHMENT III

alternative funding source for any gener al benefits. The engineer’s report shall be prepared by a registered professional engineer certified by the State of California, (the “Assessment Engineer”). The cost of preparing the engineer’s report shall be included as a cost of the assessment.

C. Notice. The following guidelines shall apply to giving notice of an assessment:

1. The record owner(s) of each parcel to be assessed shall be determined from the last equalized property tax roll. If the property tax roll indicates more than one owner, each owner shall receive notice. Only property owners shall receive notice;

2. The notice shall be sent at least forty-five (45) days prior to the date set for the public hearing on the assessment;

3. The notice provided by this section shall contain the following information:

a. The total amount to be assessed for the entire assessment district;

b. The amount to be assessed to the owner’s particular parcel;

c. The duration of the payments;

d. The reason for the assessment;
e. The basis upon which the amount of the proposed assessment was calculated; f. The date, time and location of the public hearing on the proposed assessment; g. A summary of the procedures for the completion, return and tabulation of the assessment ballots;
h. A disclosure statement that the existence of a majority protest will result in the assessment not being imposed; and

i. A ballot to be completed by the owner, as further described in section D of this resolution.

4. The notice provided by this section and in accordance with Government Code Sections 53753(b) and (c) shall supersede and be in lieu of any other statutes requiring notice to levy or increase an assessment, including but not limited to the notice required by the state statute authorizing the assessment and Government Code section 54954.6;

5. Failure of any person to receive notice shall not invalidate the proceedings;

6. The cost of providing notice shall be included as a cost of the assessment.

69 ATTACHMENT III

D. Assessment Ballot. The following guidelines shall apply to the assessment ballot:

1. The ballot required by Article XIIID, section 4(d), of the California Constitution shall be mailed to all property owners of record subject to the proposed assessment at least forty -five (45) days prior to the date of the public hearing on the proposed assessment. This ballot shall comply with Government Code Sections 53753(b) and (c). The ballot shall be designed in such a way that, once sealed, its contents are concealed.

2. All ballots must be returned either by mail or by hand delivery; not later than the date for r eturn of ballots stated on the notice and ballot described in this section.

Mailed ballots must be returned to : Office of the City Clerk, 777 B Street, 4th Floor, Hayward, CA 94541, Attn: Stratford Village Flood Control Facilities Improvement Assessment District, or, if delivered at the time and location of the public hearing, to the City Clerk’s Office drop box loc ated on the 1st floor of City Hall, 777 B Street.

Ballots must be returned either by mail or by hand delivery prior to the conclusion of the public input portion of the public hearing scheduled for 7:00 p.m. on April 21, 2026. The City Clerk, with the assi stance of SCI Consulting Group shall tabulate the ballots (the “Tabulator”).

3. Each ballot must be signed under penalty of perjury. In the event that more than one of the record owners of a parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the parcel shall be allocated to each ballot submitted in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record, as established to the satisfaction of the Council or As sessment Engineer by documentation provided by the record owners. If two or more persons own a parcel subject to the assessment, any one owner may cast an assessment ballot for all owners.

4. If a parcel has multiple owners, any owner may request a proportio nal assessment ballot. If the ownership interest of the owner is not shown on the last equalized secured property tax assessment roll, such request must include evidence, satisfactory to the City, of the owner's proportional rights in the parcel. The Assessment Engineer will provide the proportional ballot to the owner at the address shown on the assessment roll. Any request for a ballot to be mailed to another location must include evidence, satisfactory to the City, of the identity of the person requesting the ballot. Each proportional ballot will be marked to identify it as a proportional ballot and to indicate the owner's proportional rights in the parcel.

The Assessment Engineer will keep a record of each proportional ballot provided to an owner.

5. The City will only accept official ballots mailed or otherwise provided to owners by the Assessment Engineer.

6. If an assessment ballot is lost, withdrawn, destroyed or never received, the Assessment Engineer will mail or otherwise provide a replacement ballot to the owner upon receipt of a request delivered to the City or the Assessment Engineer. 70 ATTACHMENT III

The replacement ballot will be marked to identify it as a replacement ballot or a replacement proportional ballot. Any request for a replacement or replacement proportional ballot to be mailed to another location must include evidence, satisfactory to the City or the Assessment Engineer, of the identity of the person requesting the ballot. The same procedure applies to replacement ballots or replacement proportional ball ots, which are lost, withdrawn, destroyed, or never received.

7. If an assessment ballot is returned by the United States Post Office as undeliverable, the Assessment Engineer may mail a redelivered ballot to the current property owner, if updated ownership or owner mailing address can be determined. The redelivered ballot will be marked to identify it as a redelivered ballot.

8. An assessment ballot proceeding is not an election.

9. An assessment ballot is a disclosable “public record” as that phrase is defined by Government Code section 6252 during and after tabulation of the ballots.

10. The California Government Code requires that assessment ballots be signed by property owners. However, property owner names and corresponding votes will remain strictly confidenti al, except as necessary to count the votes or as may be required by California law.

11. To complete an assessment ballot, the owner of the parcel or his or her authorized representative must (1) mark the appropriate box (or circle) supporting or opposing the proposed assessment, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box (or circle) may be stamped or marked on each ba llot. All incomplete or improperly marked ballots shall be disqualified from balloting. The Tabulator will retain all such invalid ballots.

12. To complete an assessment ballot, the owner of the parcel or his or her authorized representative must (1) mark the appropriate box (or circle) supporting or opposing the proposed assessment, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box (or circle) may be stamped or marked on each ballot. All incomplete or improperly marked ballots shall be disqualified from balloting. The Tabulator will retain all such invalid ballots.

13. After returning an assessment ballot to the City, or the Ta bulator on behalf of the City, the person who signed the ballot may withdraw the ballot by submitting a written statement to the City directing the City to withdraw the ballot. Such statement must be received by the City or the Tabulator prior to the close of the public input portion of the public hearing on the proposed assessment. When ballots for the assessment are tabulated, the Tabulator will segregate withdrawn ballots from all other returned ballots. The Tabulator will retain all withdrawn ballots and will indicate on the face of such withdrawn ballots that they have been withdrawn.
71 ATTACHMENT III

14. In order to change the contents of a ballot that has been submitted, the person who has signed that ballot may (1) request that such ballot be withdrawn, (2) request that a replacement ballot be issued, and (3) return the replacement ballot fully completed. Each of these steps must be completed according to the procedures set forth above.

E. Tabulating Ballots . The following guidelines shall apply to tabulating assessment ballots:

1. Assessment ballots shall remain sealed until tabulation commences at the conclusion of the public input portion of the public hearing.

2. An impartial person shall tabulate the assessment ballots. An impartial person includes, but is not limited to, the City Clerk, City staff, and any independent third party engaged by the City for the purpose of tabulating assessment ballots. The Tabulator shall follow the rules and procedures of the laws of the State of California, this resolution and any other rule s and procedures of the Council. If the Tabulator needs clarification, then they shall inquire of the Council, who is the final arbiter. All ballots shall be accepted as valid except those in the following categories:
a. A photocopy of a ballot, a letter or other form of a ballot that is not an official ballot provided by the City or the Assessment Engineer on behalf of the City; b. An unsigned ballot, or ballot signed by an unauthorized individual; c. A ballot which lacks an identifiable mark in the box for a “yes” or “no” vote or with more than one box marked;
d. A ballot which appears tampered with or otherwise invalid based upon its appearance or method of delivery or other circumstances; e. A ballot for which the barcode represent ing the parcel number is damaged or obstructed, unless the parcel number or property ownership information is legible and allows the Tabulator to clearly determine the property(s) identified on the ballot;
f. A ballot received after the close of the balloting time period.

The Tabulator’s decision, after consultation with the Council’s legal counsel that a ballot is invalid, shall be final and may not be appealed to the Council.

3. If more than one of the record owners of a parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the parcel shall be allocated to each ballot in proportion to the respective record ownership interests, as shown on the record or as established to the City’s satisfaction by documentation provided by the record owners.
72 ATTACHMENT III

4. In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the Council will make such dete rmination from the official County Assessor records and any evidence of ownership submitted to the Council prior to the conclusion of the public hearing. The Council will be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership will be final and conclusive.

5. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the Council may rely on the statement on the ballot signed unde r penalty of perjury that the person completing the ballot is the owner's authorized representative and any evidence submitted to the Council prior to the conclusion of the public hearing. The Council will be under no duty to obtain or consider any other e vidence as to whether the signer of the ballot is an authorized representative of the owner and its determination will be final and conclusive.

6. A property owner who has submitted an assessment ballot may withdraw the ballot and submit a new or changed ballot up until the conclusion of the public input portion of the public hearing on the assessment. Assessment ballots may be withdrawn, and newer changed ballots submitted up until the conclusion of the public input portion of the public hearing on the assessment.

7. A property owner’s failure to receive an assessment ballot shall not invalidate the proceedings conducted under this section and section 4, Article XIIID, of the California Constitution.

8. The City shall retain all ballots for a period of three (3) years from the date of the public hearing.
73 ATTACHMENT III

F. Public Hearing.

1. At the public hearing, the Council shall hear and consider all public testimony, objections and protests regarding the proposed assessment and accept ballots until the close of the public input portion of the public hearing.

2. Reasonable time limits may be imposed on both the length of the entire hearing and the length of each speaker’s testimony.

3. At the conclusion of the public input portion of the hearing, but prior to the conclusion of the public hearing, the Tabulator shall begin tabulation of the ballots at the direction of the Council, including those received during the public hearing.

4. If it is not possible to tabulate the ballo ts on the day of the public hearing, or if additional time is necessary for public testimony, the Council may continue the public hearing to a later date to receive additional testimony or information, or to finish tabulating the ballots.

5. If it is determi ned that the assessment ballots submitted in opposition to the proposed assessments do not exceed the assessment ballots submitted in favor of the assessments (weighted by the proportional financial obligation of the property for which ballots are submitte d), the City Council may take action to approve the imposition of assessments for fiscal year 202 7 (July 2026 through June 2027) and each fiscal year thereafter. The levy and collection of the assessments would continue year to year until terminated by the City Council.

IN COUNCIL, HAYWARD, CALIFORNIA , 2026
ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED AS TO FORM:

ATTEST:

City Clerk of the City of Hayward

City Attorney of the City of Hayward
74 THE CITY OF HAYWARD

STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT
ASSESSMENT (MD1-2026)

PRELIMINARY ENGINEER’S REPORT
JANUARY 2026

P
URSUANT TO CHAPTER 26 OF PART 3 OF DIVISION 7 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND CHAPTER 10, ARTICLE 10, SECTION 10-

10.25 OF THE HAYWARD MUNICIPAL CODE, AND ARTICLE XIIID OF THE CALIFORNIA

CONSTITUTION

E
NGINEER OF WORK:

SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
Attachment IV
75 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE i

CITY OF HAYWARD

CITY COUNCIL
Mark Salinas, Mayor
Julie Roche, Mayor Pro Tempore
Angela Andrews
Ray Bonilla Jr.

Dan Goldstein
George Syrop
Francisco Zermeño

CITY MANAGER
Jennifer Ott

CITY ATTORNEY
Michael Lawson

E

NGINEER OF WORK
SCI Consulting Group

76 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE ii

TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 1 SPECIAL FLOOD HAZARD AREAS ....................................................................................... 3 LEGAL ANALYSIS OF PROPOSITION 218 TO FUND FLOOD CONTROL ..................................... 3 ASSESSMENT PROCESS AND FUTURE CONTINUATION OF ASSESSMENTS .............................. 6 DESCRIPTION OF FACILITIES IMPROVEMENTS ........................................................................... 7 FACILITY IMPROVEMENTS ................................................................................................. 7 COST AND BUDGET ESTIMATE ................................................................................................ 9 METHOD OF APPORTIONMENT ............................................................................................... 10 DISCUSSION OF BENEFIT ................................................................................................ 10 FLOOD CONTROL IS A SPECIAL BENEFIT TO PROPERTIES .................................................. 11 BENEFIT FACTORS ......................................................................................................... 12 GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 16 ASSESSMENT APPORTIONMENT ...................................................................................... 20 METHOD OF ASSESSMENT .............................................................................................. 21 FLOOD RISK FACTORS (PARCEL SPECIFIC FACTOR I) ....................................................... 22 FLOOD DAMAGE FACTORS (PARCEL SPECIFIC FACTOR II) ................................................ 22 SHARED FACILITY FACTORS (PARCEL SPECIFIC FACTOR III) ............................................. 22 WEIGHTED PARCEL FACTOR SUBTOTALS ........................................................................ 22 LAND USE FACTORS TO DETERMINE REPLACEMENT FACTORS ........................................... 22 SFES AND RATE FACTORS ............................................................................................. 22 CRITERIA AND POLICIES ................................................................................................. 23 ASSESSMENT ...................................................................................................................... 26 ASSESSMENT DIAGRAM ........................................................................................................ 28 APPENDICES ....................................................................................................................... 29 APPENDIX A – ASSESSMENT ROLL, FY 2027 ................................................................... 29

77 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE iii

LIST OF TABLES
TABLE 1 – PROPOSED CAPITAL IMPROVEMENTS ....................................................................... 8 TABLE 2 – PROPOSED BUDGET ............................................................................................... 9 TABLE 3 – EQUATIONS.......................................................................................................... 21

LIST OF FIGURES
FIGURE 1 – AREAS BENEFITED FROM PROPOSED IMPROVEMENTS ............................................. 3 FIGURE 2 – STRATFORD VILLAGE FLOOD CONTROL ASSESSMENT DIAGRAM FY 2027 ............... 28

78 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE 1

INTRODUCTION
On January 5, 1993, the City of Hayward (the “City”) City Council, by Resolution No. 93-010, approved Tentative Tract Map 6472, which authorized the subdivision of land on both sides of Stratford Road into 148 single-family home lots commonly known as Stratford Village. On April 4, 1995, the City Council, by Resolution No. 95-6, approved Tentative Tract Map 6682, which authorized the subdivision of the two existing properties at 1362 and 1384 Ruus Lane into 27 single -family homes. The storm drainage system serving these properties necessitates pumping the storm water run- off into Ward Creek. Conditions of Approval for the tentative map of Tract 6472 and Tract 6682 included provisions for storm drainage improvements and construction of an approved storm water pumping facility.

The drainage basin includes 29.1 acres of which 24.7 acres are residential, 1.9 acres are for Stratford Village Park, and 2.5 acres are for the collector streets of Stratford Road and Ruus Lane. Pacheco Way does not drain into this basin system nor does the industrial property to the south. The total number of lots in the drainage basin is approximately 175.

A Storm Water Lift Station ( “SWLS”) was constructed at the end of Pacheco Way to pump storm water runoff for the developed area adjacent to Alameda County Flood Control and Water Conservation District’s (“ACFCD”) Line B, Zone No. 3A, Ward Creek. The SWLS was designed with capacity for only the development of the area encompassing the 175 potential lots, a portion of Stratford Road, Ruus Lane and the Stratford Village Park . No added capacity was constructed for run -off from other areas such as the Georgian Manor and Spanish Ranch Mobile Home Parks, although there is space for additional pumps if they wish to connect in the future. The mobile home parks are presently served by privately owned and operated pumping facilities located within each mobile home park.

On June 6, 1995, by Resolution No. 95- 103, the City Council ordered the formation of Maintenance District No. 1 (“MD1”) to provide for the operation and maintenance of the storm drainage improvements and the stormwater pumping facility to serve the drainage basin.

The maximum annual assessment rate is $243.92 per parcel, and it may not be increased to reflect any change in the Consumer Price Index.

On August 29, 1995, an agreement between the City and the ACFCD transferred ownership of the SWLS to the Flood Control District. The agreement states that the Flood Control District concurred with the SWLS transfer subject to the City providing the Flood Control District with the funds to operate, maintain, and provid e for capital equipment replacement and for modifications that may become necessary for the optimal performance of the SWLS.

Each year the City evaluat es the need to increase assessments to ensure there are adequate funds to continue to provide proper operation, maintenance, and capital replacement of the storm water pumping facilities. As part of this effort, the County of Alameda updated their capital re placement study to determine whether the MD1 is 79 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE 2

adequately funded. Currently there are not sufficient funds to replace the MD1 capital facilities when they reach the end of their useful life.

Based upon input from the Stratford Village neighborhood, the City has decided to proceed with the formation of a new assessment which incorporates several critical improvements to the existing assessment including:

1.) A cost-of-living adjustment mechanism in order to ensure that the flood control infrastructure is properly funded over time for operations and maintenance.

2.) An annual augmentation of approximately $7,544 (2025- 26 dollars) to the annual operating budget.

3.) Creation of the “2030 Pump Replacement” dedicated fund, which is a capital investment of $379,0 49, to be financed over 40 years to fund the pump and equipment replacement.

This Engineer’s Report serves as the basis for this proposed new assessment to fund a specific portion of th ese critically needed storm water pumping facilities . This assessment, if approved by property owners, will be in addition to the existing MD1 assessment, adding a new assessment designated as MD1-2026.

The area that will benefit from the proposed flood includes 29.1 acres, of which 24.7 acres are residential, 1.9 acres are for a park site, and 2.5 acres are for the collector streets associated with Stratford Road and Ruus Lane. Pacheco Way does not drain into this drainage basin system nor does the indus trial property to the south. The area is characterized by relatively flat terrain, low elevation and drains into the ACFCD’s Line B, Zone No. 3A. The area is served by a pump station to manage storm runoff and avoid any surface flooding.

80 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE 3

The boundary of the District is shown in Figure 1.

FIGURE 1 – AREAS BENEFITED FROM PROPOSED IMPROVEMENTS

SPECIAL FLOOD HAZARD AREAS
A Special Flood Hazard Area is defined by FEMA as a high-risk area in which land would be inundated by a flood having a one percent chance of occurring in any given year. Owners of properties within a Special Flood Hazard Area are 1) Required to purchase flood insurance if they have federally-backed mortgages, and 2) Required to make significant improvements to their property prior to any development or major renovation, including raising the elevation of the property to above the base flood level.

FEMA is responsible for creating and updating maps which indicate Special Flood Hazard Areas within flood- prone communities throughout the United States. The current maps adopted in August 2009 for the City of Hayward indicate that within MD1 15 single- family parcels, the park, and several street areas fall within a Special Flood Hazard Area.

LEGAL ANALYSIS OF PROPOSITION 218 TO FUND FLOOD CONTROL The proposed assessment complies with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well 81 CITY OF HAYWARD
STRATFORD VILLAGE FLOOD CONTROL FACILITIES IMPROVEMENT ASSESSMENT DISTRICT (MD1-2026) PRELIMINARY ENGINEER’S REPORT, FY 2027
PAGE 4

as maintenance and operation expenses of a public improvement which provides a special benefit to the assessed property.

Proposition 218 imposes a number of important requirements, including property -owner balloting, for the formation and continuation of assessments, and these requirements are satisfied by the process being used to establish this proposed assessment.

Funding for flood control is a well -supported and appropriate use of a benefit assessment.

In fact, when Proposition 218 was initially approved in 1996, it allowed for certain types of assessments, including flood control, to be “grandfathered” in, and these were exempted from the property –owner balloting requirement. Proposition 218 is manifested as Article XIIID of the State Constitution, and states in part in Section 5:

“Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4:

“(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems (emphasis added) or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”

Specific mention of “ flood control and drainage systems ” underscores the fact that the drafters of Proposition 218 were satisfied that funding for such activities is an appropriate use of benefit assessments, and therefore confers a direct and special benefit to property.

S
ILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL.4TH 431
On July 14, 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“Silicon Valley”).

Several of the most important elements of the ruling included further emphasis that:
 Benefit assessments are for special, not general benefit  The services and/or improvements funded by assessments must be clearly defined  Special benefits are directly received by and provide a direct advantage to property in the Assessment District

D
AHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL.APP.4TH 708 On June 8, 2009, the 4 th District Court of Appeal amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court granted review and transferred the case to the Court for Appeal for reconsideration in light of the Supreme Court’s discussion in the above cited Silicon Valley. In Dahms, the Appellate Court on reconsideration upheld the assessment that was 100% special benefit ( i.e., 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the 82 CITY OF HAYWARD
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assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

BONANDER V. TOWN OF TIBURON (2009) 46 CAL.4TH 646
On December 31, 2009, the California Supreme Court overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub-areas of the assessment district instead of proportional special benefits.

B
EUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL.APP.4TH 1516 On May 26, 2010, the 4th District Court of Appeal issued a decision on the Steven Beutz v.

County of Riverside (“Beutz”) appeal. This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.

G
OLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011)199 CAL.APP.4TH 416
On September 22, 2011, the 4th District Court of Appeal issued a decision in the Golden Hill Neighborhood Association v. City of San Diego. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, as in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified, and separated from the special benefits. Second, the court found that the City had failed to document the basis for the assessment on its own parcels.

C

OMPLIANCE WITH CURRENT LAW
This Report is consistent with the requirements of Article XIIIC and XIIID of the California Constitution and with the Silicon Valley decision because the S ervices to be funded are clearly defined; the Services and Improvements are available to and will be directly provided to all benefited property in the proposed assessment district; the Services and Improvements provide a direct advantage to property in the Assessment District that would not be received in absence of the a ssessment, and are benefits that are over and above general benefits conferred on real property located in the district or to the public at large by other public entities that make up the membership of the District.

This Report is consistent with Dahms because, similar to the Downtown Pomona assessment validated in Dahms, the services and improvements will be directly provided to property in the Assessment District. More specifically, as discussed hereafter, the services and improvements afford benefits specifically unique and supplied only to property owners within the District with a corresponding effect that is not shared by other parcels outside of the District or real property in general including the public at large.

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The Report is also consistent with Bonander because the Assessment has been apportioned based on the proportional special benefit to each property. Furthermore, the Assessment is consistent with Beutz and Golden Hill because the general benefits have been explicitly calculated, quantified, and excluded from the assessment.

ASSESSMENT PROCESS AND FUTURE CONTINUATION OF ASSESSMENTS Following submittal of this Report to the City for preliminary approval, the City of Hayward City Council may, by Resolution, call for an assessment ballot proceeding and public hearing on the proposed establishment of a Flood Control Facilities Improvement Assessment.

If the City Council approves such a Resolution, a notice of assessment and assessment ballot shall be mailed to each property owner within the proposed Assessment District boundaries who will be subject to the proposed assessment. Such notice will include a description of the services and improvements to be funded by the proposed assessments, the total amount of the proposed assessment chargeable to the entire Assessment District and the amount chargeable to the specific owner’s parcel, the reasons for the proposed assessments and the basis upon which they were calculated, and an explanation of the process for submitting a ballot. Each notice would also include a postage prepaid return envelope and a ballot on which the property owner may mark his or her approval or disapproval of the proposed assessments as well as affix his or her signature.

After the ballots are mailed to property owners in the Assessment District, a minimum 45- day time period must be provided for the return of the assessment ballots. Following this balloting time period, a public hearing must be held for the purpose of allow ing public testimony regarding the proposed assessments. At the public hearing, the public will have the opportunity to speak on the issue.

If it is determined that the assessment ballots submitted in opposition to the proposed assessments do not exceed the assessment ballots submitted in favor of the assessments (weighted by the proportional financial obligation of the property for which ball ots are submitted), the City Council may take action to approve the imposition of assessments for fiscal year 2026 (July 2026 through June 2027) and each fiscal year thereafter. The levy and collection of the assessments would continue year to year until t erminated by the City Council.

The authority granted by the ballot proceeding would be for a Fiscal Year 202 6 maximum assessment rate of $97.82 per parcel, with a possible adjustment each subsequent year by the annual change of the U .S. Department of Labor , Bureau of Labor Statistic Consumer Price Index – All Urban Consumers (“CPI”) for the San Francisco- Oakland-Hayward, CA MSA Consumer Price Index for All Urban Consumers (CPI -U), not to exceed 3% per year.

The CPI adjustment may be applied to the sum of the existing 1995 assessment and the proposed new assessment for each parcel.
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DESCRIPTION OF FACILITIES IMPROVEMENTS
The City of Hayward, through an agreement between the City and the ACFCD , provides a range of construction, repair, maintenance, operations, and upgrades to its storm drainage and pump station improvements. These improvements protect the usefulness, utility, desirability, and livability of property within its jurisdictional area by preventing flooding.

The additional improvements (the “Improvements”) proposed to be undertaken by the City and the cost thereof to be paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the Assessment District as defined in the Method of Assessment herein. These proposed Improvements are over and above the current level of service of the existing facilities.

The formula below describes the relationship between the final level of S ervices, the baseline level of Service if the assessment is not instituted, and the enhanced level of services funded by the assessment.

In this case, the Baseline Level of Service is that which is provided by the existing flood control facilities. The Enhanced Level of Service will be provided by the City’s Stratford Village Flood Control Improvements.

Below is a more detailed description of these improvements that are proposed to be provided for the special benefit of property in the Assessment District.

FACILITY IMPROVEMENTS
The existing facilities, which have been constructed within the City's MD1 boundaries, and which will be operated, maintained, and serviced and are generally described as follows:

The Stratford Village Storm Water Lift Station (SWLS):

 2 - 15 H.P. Pumps
 1 - 5 H.P. Pump
 1 - 3 H.P. Dewatering Pump
 1 - Generator
 1 - Supervisory Control and Data Acquisition (SCADA) System  1 - Masonry Building to house the SCADA System and Generator

These existing facilities are approximately 30 years old. A recent evaluation of the flood control facilities shows that various elements of the facility need repair, replacement, or rehabilitation. Those improvements are detailed below in Table 1. 85 CITY OF HAYWARD
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Table 1 – Proposed Capital Improvements

Element Cost Estimate
E
valuation / Design 41,560.00$
SCADA Upgrades 255,000.00
Pump Rehabilitation 49,248.00
Other Improvements 33,241.00
TOTAL 379,049.00$

The Improvements will include the installation and maintenance of the Stratford Village Storm Water Lift Station as referenced above, as well as financing costs and other expenses associated with the financing for the improvements, and incidental expenses.

“Installation” means the construction or installation of improvements, including, but not limited to, land preparation, such as grading, leveling, cutting, and filling.

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COST AND BUDGET ESTIMATE
The City of Hayward developed a long-range financial plan which includes ongoing operating and maintenance costs as well as the capital improvement costs described above. The District budget showing the first four years of the financial plan is shown in Table 2 below.

TABLE 2 – PROPOSED BUDGET
Total Amount
Beginning Unrestricted Net Assets $0. 00
Current Annual Operating Costs $50,000.00
Pump and Equipment Replacement Dedicated Fund/(or 2030 Pump Rep $9,476.23 Total Annual Costs $59, 476.23
Assessment Calculator
Total Annual Costs $59,476.23
Less Contribution from Current Funding Sources ($42,456.00) Balance to Assessment $17,020.23
Benefit Units(a) SFE Rate(b) (a)*(b)
174.00 $97.82 $17,020.23
Total Assessment Amount = $17,020.23

The financial plan includes the establishment of a fund balance equal to at least half of the annual operating costs to ensure positive cash flow while revenues lag approximately six months.
1 The plan also includes a reasonable additional fund balance to allow for occasional major maintenance expenses in future years to ensure the pump station retains its capacity and reliability.

Article XIIID of the California Constitution (Proposition 218) limits the assessment amount to reasonable cost s of the proportional special benefit conferred. Therefore, future assessments may be set below the maximum allowable in order not to exceed that limit.

1 Assessments are collected on the property tax bills. Proceeds from those collections are not sent to the City until approximately six months into each fiscal year. 87 CITY OF HAYWARD
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METHOD OF APPORTIONMENT
This section includes an explanation of the special benefits to be derived from the maintenance, operations and repair activities, the criteria for the expenditure of assessment funds and the methodology used to apportion the total assessments to properties within the proposed Assessment District. The proposed Assessment District area consists of all Assessor Parcels included within the Stratford Village boundaries.

The method used for apportioning the assessment is based upon the proportional special benefits conferred to the properties over and above the general benefits conferred to real property in the Assessment District, or to the public at large. Special benefit is calculated for each parcel in the District using the following process:

1.) Identification of all benefit factors derived from the Improvements

2.) Calculation of the proportion of these benefits that are general

3.) Determination of the relative special benefit wit hin different areas of the Assessment District

4.) Determination of the relative special benefit per property type

5.) Calculation of the specific assessment for each individual parcel based upon special vs. general benefit, zones, property type and other supporting attributes

DISCUSSION OF BENEFIT
California Streets and Highways Code Section 5820 et seq. allows agencies which provide flood control and drainage services, such as the City , to levy assessments for those Services. Section 5821 states that the governing body may:

“… in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its intention to order that the expenses of maintaining and operating any or all of said improvements or any or all other improvements such as are permitted to be constructed herein, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed, either partly or wholly, upon the real property or upon the land only lying within the district to be benefited by and to be assessed to pay the cost of the construction of said improvement.”

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In addition, California Government Code Section 53750 defines the term s “drainage” and “flood control” as follows:
e) “Drainage System” means any system of public improvement that is intended to provide for erosion control, for landslide abatement, or for other types of water drainage.”
f) "Flood control" means any system of public improvements that is intended to protect property from overflow by water.

Therefore, the maintenance, operational and improvement activities to be provided by the proposed Assessment District fall within the scope of Services that may be funded by assessments under the Code.

The assessments can be levied based only on the special benefit to property. This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s specific use of the maintenance, operations and improvements activities or a property owner’s specific demographic status. With reference to the requirements for assessments, Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property:

"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."

Since assessments are levied on the basis of special benefit, they are not a tax and are not governed by Article XIIIA of the California Constitution.

The benefit factors below, when applied to property in the proposed Assessment District, confer special benefits to property and ultimately protect property in the proposed Assessment District and improve the safety, utility, and functionality of such property.

FLOOD CONTROL IS A SPECIAL BENEFIT TO PROPERTIES
The Engineer’s Report concludes that enhanced flood control is a special benefit directly to the property that is being protected from flooding. The proposed M aintenance and Operations Services and Improvements, which would be over and above the baseline level, will result in the storm drainage and pump facilities being maintained to a much higher standard, and accordingly will reduce the risk of flooding and the associated damage to property.

The following Benefit Factors section describes how and why the Services and Improvements specially benefit properties. This benefit is particular and distinct from its effect on property in general or to the public at large.

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BENEFIT FACTORS
The primary special benefit from the Services and Improvements is the significantly reduced risk of damage to property from flooding. In addition, this section describes other special benefits conferred to residential and other lots and parcels resulting from the Services and Improvements that will be provided. These types of special benefit are summarized as follows:

R

EDUCED RISK OF DAMAGE TO REAL PROPERTY ASSETS FOR ALL PROPERTY OWNERS WITHIN THE

ASSESSMENT DISTRICT
Properties in the proposed Assessment District are currently at higher risk of flooding. The proposed Assessments will fund an increase in maintenance, operations, and improvement activities to reduce the likelihood of pump station failure and reduce the threat from flooding, thereby significantly reducing the risk of property damage potential and loss of life associated with floods. Flood control maintenance helps to protect and specifically benefits all properties in the Assessment District. The following citations illustrate the importance of the proposed maintenance, operational and improvement activities:

1.) Pump stations are one of the more vulnerable features of a flood risk management project. The failure of a pump station during a flood could result in considerable damage within the protected area.
2 2.) [T]he one flood variable that is always expected to be associated with an increase in flood damages is the depth of flooding or flood stage. As the water gets deeper, damages increase.
3 2 US Army Corps of Engineers, Mechanical and Electrical Design of Pump Stations, Engineers Manual, April 30, 2020 (https://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/EM1110- 2%20-3105.pdf) 3 US Army Corps of Engineers, National Economic Development (NED) Procedures Manual for Flood Damage Reduction (http://www.hq.usace.army.mil/nedp/DB%20Pages/Content.asp?ID=17)

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3.) During and after Hurricane Katrina, many of those levees and floodwalls were overtopped and several were breached, allowing billions of gallons of water from the Gulf of Mexico, Lake Borgne, and Lake Pontchartrain to flow into New Orleans and flood major portions of the city. As of August 2, 2006, 1,118 people were confirmed dead in Louisiana as a result of Hurricane Katrina.

Another 135 people are still missing and presumed dead.

Thousands of homes were destroyed. Direct damage to residential and non-residential property is estimated at $21 billion, damage to public infrastructure another $6.7 billion. Nearly half the region’s population has not yet returned after evacuating.
4 4.) The flood that followed inundated the town of Olivehurst and 15 square miles of farmland and towns. One man is known dead and two other people are missing, 180 homes and businesses were destroyed and another 480 were damaged, according to the state Office of Emergency Services, which put preliminary damage estimates at $200 million.5

5.) After natural disasters such as hurricanes, tornadoes, and floods, excess moisture and standing water contribute to the growth of mold in homes and other buildings.
6 R

EDUCED RISK OF LOSS OF LIFE OR HARM TO PROPERTY FROM FLOODING The proposed Assessments will fund maintenance, operations, and improvement activities to reduce the likelihood of pump station failure and reduce the threat from flooding. These services will reduce the loss of life, injuries, and other public health issues associated with flooding. The reduced risk of direct and indirect contact with flood water will increase public safety and will provide positive health benefits in the Assessment District. These are special benefits to property in the Assessment District because property is ultimately more desirable and valuable in areas that are safer and have less risk of harmful flooding. The following citations illustrate the importance of robust flood protection measures for the health and safety of the community:

4 American Society of Civil Engineers, The New Orleans Hurricane Protection System, What Went Wrong and Why (http://www.asce.org/files/pdf/ERPreport.pdf) 5 San Francisco Chronicle, January 12, 1997, Page C 1
6 Centers for Disease Control and Prevention, “Protect Yourself from Mold” (http://www.bt.cdc.gov/disasters/mold/protect.asp)
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1.) Annually, the nation experiences an average of 100 flood- related fatalities.7

2.) Every effort should be made to limit contact with flood water due to potentially elevated levels of contamination associated with raw sewage and other hazardous substances.8

3.) Six inches of water will reach the bottom of most passenger cars causing loss of control and possible stalling. A foot of water will float many vehicles. Two feet of rushing water can carry away most vehicles including sport utility vehicles (SUV’s) and pick-ups. 9 P

ROTECTION OF TRANSPORTATION SYSTEMS AFFECTING PROPERTY
The proposed Assessment District will provide funding for maintenance, operational and improvement activities that will reduce the risk of significant disruption and harm in the Assessment District. The maintenance, operations and improvement activities will also better protect the roads and transportation system s in the Assessment District that are crucial for maintaining access for residents, goods movement, maintenance of utilities, and emergency vehicles . Without reliable roads and access, the value of property in the Assessment District would be diminished. Therefore, another special benefit to property is the protection of the local transportation systems.

E

LIMINATION OF LIMITATIONS ON DEVELOPMENT/RENOVATION RESULTING FROM SHFA

DESIGNATION BY FEMA
The Assessments would fund Improvements that may prevent additional properties in the proposed district from being mapped in a Special Flood Hazard Area (“ SFHA”) flood zone.

Without such funding for the Improvements, additional properties within the proposed Assessment District may be designated as being in a SFHA by the Federal Emergency Management Agency (“FEMA”). Additional SFHA designations would result in limitations on property development; therefore, prevention of limitations on development is another tangible and direct special benefit to property in the proposed Assessment District.

7 "’Be Aware and Be Prepared’ Weather Service Issues Annual Flood Outlook”, National Weather Service Press Release 99- 20
(http://www.publicaffairs.noaa.gov/releases99/mar99/noaa99-20.html) 8 US Environmental Protection Agency, “Response to 2005 Hurricanes – Health Precautions” (http://www.epa.gov/katrina/precautions.html) 9 FEMA FloodSmart web site (http://www.fema.gov/hazard/flood/fl_during.shtm)

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Our findings support the hypothesis that increases in flood risk decrease values for residential properties within the 100-year floodplain. Unlike other studies which conclude that there are uniform impacts within the floodplain, we find declining effects with reduced risk. Furthermore, there is evidence suggesting that flooding events heighten sensitivity to such risks and raise the property price premium associated with a given level of flood risk.10

10 “Using GIS To Evaluate The Effects Of Flood Risk On Residential Property Values “, Bartosova et. al, Proceedings of “Environmental Problem Solving with Geographical Information Systems: A National Conference”, U.S. EPA, September 22- 24, 1999, Cincinnati, Ohio
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GENERAL VERSUS SPECIAL BENEFIT
Proposition 218 requires any local agency proposing to increase or impose a special assessment to “separate the general benefits conferred on a parcel.” 11 The rationale for separating special and general benefits is to ensure that property owners are not charged a benefit assessment in order to pay for general benefits. Thus, a local agency carrying out a project that provides both special and general benef its may levy an assessment to pay for the special benefits, but must acquire separate funding to pay for the general benefits. 12 In other words:

However, flood control operations , such as the Services , provide only special benefits.

Special benefits are benefits that are “peculiar and distinct over and above general benefits located in the district or to the public at large.”
13 Because flood control infrastructure protects
particular identifiable parcels (including residents of the parcel and any appurtenant facilities or improvements) from damage due to inundation or force by rising floodwaters, the benefits are provided directly to those parcels, and to no other parcels. By contrast, general benefits provided to the public at large are discussed in terms of general enhanced property values, provision of general public Services such as police and fire protection, and recreational opportunities that are available to people regardless of their location. 14 The issue of general benefits merits further discussion, however, because flood control Services and improvements have an obvious indirect relationship to the provision of general benefits. For example, the Services may protect restaurant and/or recreation facilities in the Assessment District that may be used by people regardless of whether they own property in the District. But this indirect relationship does not mean that the Services and Improvements themselves will provide any general benefits. Rather, the Services will provide direct special benefits to parcels that may themselves be used in the provision of general benefits.

More to the point, the public at large will be paying for the general benefits provided to benefiting “public use” property, and specially benefited property owners’ assessments will not be used to subsidize general benefits provided to the public at large or to property outside

11 California Constitution Article XII D 4
12 Silicon Valley Taxpayers’ Association, Inc. v. Santa Clara County Open Space Authority (2008) 44 Cal 4th 431,450
13 California Constitution Article XII D 2(i)
14 Silicon Valley Taxpayers’ Association, Inc. v. Santa Clara County Open Space Authority (2008) 44 Cal 4th 431, 450-56
Total
Benefit =
General
Benefit +
Special
Benefit
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the Assessment District. All property that is specially benefited by the Services and Improvements will be assessed, including the parcels used in the provision of general benefits. Thus, the general public will pay for a portion of the provision of the flood control Services and Improvements because the assessed public agencies will use general taxes and other public revenue to pay their Assessments , and privately-owned parcels (such as restaurants) will collect revenue from customers to pay for any “general benefits.”

The Assessment Engineer finds that the Services and Improvements are of distinct and direct special benefit to the property within the Assessment District.

The Assessment Engineer conducted a parcel -by-parcel analysis and has developed an approach, described below as the industry standard. In any case, following is a description of the separation of general benefit from special benefit, and the quantification of the general benefit, in the D istrict. In each step of this anal ysis, conservative assumptions and determinations have been used in order to ensure that the total calculated general benefit is maximized which reduces the special benefit assessed on any one parcel.

A formula to estimate the general benefit is listed below:

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GENERAL BENEFIT TO PROPERTY OUTSIDE, BUT PROXIMATE, TO THE ASSESSMENT DISTRICT An inundation analysis 15 shows that only one parcel outside t he boundaries of the District may benefit from the City’s pump station: Parcel number 464 -0120-009-00, which contains a mobile home community with approximately 265 home sites. Of those sites, approximately 92 home sites have the potential to be
affected by ponding water up to one foot
in depth in the scenario in which all the
pumps fail.

Such f looding events can cut off or
temporarily interrupt access by
residents, movements of goods, and
response times for emergency
vehicles. In order to evaluate the
relative impacts of interruptions to
access, the primary metric used was
average daily trips by residents.

Parcels within the District are single
family residential; parcel number 464 -
0120-009-00 is an age -restricted
mobile home park. According to a study
conducted by the San Diego Association of
Governments (SANDAG), the average daily trips for these two residential land uses is 10 and 3, respectively. Therefore, trips within the District are estimated at (174 x 10 =) 1,740, and trips attributed to the 92 affected home sites in the parcel number 464 - 0120-009-00 is estimated at (92 x 3 =) 276, which is 16% of the trips within the District.

However, a telephone conversation with the authors 16 of the inundation analysis confirmed that the on- site drainage system of parcel 464- 0120-009-00 was not factored into the analysis. They agreed that, while not known precisely, it is reasonable to assume that the on-site drainage system (consisting of a piping system and a privately-owned pump station) could alleviate all or most of the flooding on that parcel caused by a complete failure of the District’s pump station. Therefore, the home sites on parcel number 464- 0120-009-00 may not receive any benefit from the District’s pump station. The true benefit received by this parcel is within the range of zero to 16% and is likely to be at the lower end of that range .

For this Report, that benefit is conservatively estimated at half of the maximum, or 8%.

TOTAL GENERAL BENEFIT TO PROPERTIES OUTSIDE, BUT PROXIMATE, TO THE DISTRICT = 8%

15 “Zone 3A - Stratford Pump Station Assessment Summary”, Wood Rogers, Feb. 2020 16 Jeremiah McMahon, Satish Kumar; Wood Rogers, April 26, 2021 96 CITY OF HAYWARD
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GENERAL BENEFIT TO PROPERTY WITHIN THE ASSESSMENT DISTRICT The “indirect and derivative” benefit to property within the Assessment District is particularly difficult to calculate. A solid argument can be presented that all benefits within the Assessment District are special because the improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity of and access to the improvements enjoyed by benefiting properties in the Assessment District. Percentage of parcels receiving indirect and derivative benefit = 0% T
OTAL GENERAL BENEFIT TO PROPERTIES WITHIN THE ASSESSMENT DISTRICT = 0%

G

ENERAL BENEFIT TO THE PUBLIC AT LARGE
The Stratford Village P ark within Stratford Village is used almost exclusively by property owners within the Assessment District. While there is some occasional use by non-property owners, with no connection with property owners, including bikers, walkers, picnickers, etc., the Park itself derives no benefit from the Improvements and Services due to its elevation (no inundation) and adequate access during a flood event. Therefore, th ere is no benefit under this category.

G
ENERAL BENEFIT TO THE PUBLIC AT LARGE = 0%

T

OTAL GENERAL BENEFITS
Using a sum of these three measures of general benefit, we find that 8% of the benefits conferred by the Improvements may be general in nature and must be funded by sources other than the assessment.

General Benefit Calculation
8% Property outside the District
+ 0% P
roperty within the District
+ 0% Public at large
8% TOTAL General Benefit

S

PECIAL NOTE ON GENERAL BENEFITS
In the 2009 Dahms case, the court upheld an assessment that was 100% special benefit on the rationale that the Services funded by the assessments were directly provided to property in the assessment district. Similar to the assessments in Pomona that were validated by Dahms, the Assessments described in this Engineer’s Report fund Flood Control Services that are directly provided to property in the assessment area. Moreover, as noted in this Report, the Services directly reduce flood risk on all property in the assessment area.

Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments. However, in this report, the general benefit is more conservatively estimated and described and then budgeted so that it is funded by sources other than the assessment. 97 CITY OF HAYWARD
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THE CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY
This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City’s General Fund or other non -District funds. These contributions can also be in the form of in- lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements . The City of Hayward will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s Assessments.

A summary and quantification of these other contributions from the City is discussed below:

The City of Hayward owns, maintains, rehabilitates, and replaces curb and gutter along the border of the District Improvements . This curb and gutter serve to support, contain, retain, and manage stormwater flows. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 3%.

The City owns and maintains a storm drainage system throughout the District . This system serves to prevent flooding and associated damage to the Improvements ; and to manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 3%.

The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements to facilitate efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 3%.

The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non- assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%.

The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non- assessment contribution towards general benefit described above of 19% . Therefore, no additional General Benefit must be funded by the City.

ASSESSMENT APPORTIONMENT
In the process of determining the appropriate method of assessment, various alternatives were considered. For example, a fixed or flat assessment for all properties was deemed to be inappropriate because properties less likely to be affected by flooding would be assessed the same as properties more likely to be affected. Hence, the appropriate method of 98 CITY OF HAYWARD
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assessment should be based on the type and use of the property, the relative size of the property, and the level of potential damage to property. This method is further described below.

ZONES OF BENEFIT
Many assessment districts, including assessment districts to fund flood protection, confer different types and amounts of special benefit on parcels in different areas of the assessment district. Therefore, the creation of zones of benefit, corresponding to these various areas, are routinely considered in the development of an assessment district for flood control.

However, this District contains a relatively homogenous community in which zone partitions are not of value. As such, no zones are differentiated.

METHOD OF ASSESSMENT
The next step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a "benchmark" property, a single family detached dwelling on one parcel (one “Single Family Equivalent Unit” or “SFE”). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefits. In this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel.

The relative benefit to properties from maintenance, operational and improvement activities that reduce the potential for flooding is described by the following equations:

T
ABLE 3 – EQUATIONS
Equation
1 parcelparcel Assessment Benef it Special∑∑ =
2 Factors)Specific ParcelFactors,t ReplacemenRateAssessment zoneparcel (f× = 3 Factor Zone Relative * Rate BaseRatezone =
4 SFEs
CostsRate Base
∑
∑=

The special benefit conferred to property is a function of flood risk factors, flood damage factors, shared facilities factors, and land use factors. The derivation of these factors is described in the sections below.

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FLOOD RISK FACTORS (PARCEL SPECIFIC FACTOR I)
Flood risk factors are typically derived from an analysis of the relative risks corresponding to specific sections of flood protection system; and then assigned to specific corresponding geographic zones. However, all parcels within the proposed Assessment District are equally protected by the storm drainage system of gutters, pipes, and pumps, all with the same relative risk of failure. Therefore, the relative risk factors are the same for all parcels.

FLOOD DAMAGE FACTORS (PARCEL SPECIFIC FACTOR II)
Flood damage is a function of the depth of flooding, with higher water levels causing greater damage to structures and property. Flood Inundation maps were used to evaluate elevation data and the risk to property improvements in the event that the pump station failed to operate during a 100-year storm event. Inundation levels were determined to be below the levels of any permanent residential units on private property . While there are some private improvements that will be inundated such as roadways, drivew ays, walkways and landscaping, no permanent damage is anticipated beyond minor clean up after flood waters have receded. Based on the foregoing, the flood risk factors are the same for all parcels.

SHARED FACILITY FACTORS (PARCEL SPECIFIC FACTOR III)
Shared facilities factors affect zones of parcels in similar ways. A weighted system is used based upon an equal distribution for each of the four critical shared facilities to model the effect of the degradation of these facilities in different zones during a flood event. Three of the categories (water, sewer, and power) will experience minimal disruption . The fourth (access) will experience a more pronounced interruption to access by residents, movements of goods, and response times for emergency vehicles. However, the level of disruption for all four categories will be the same for all parcels within the District.

WEIGHTED PARCEL FACTOR SUBTOTALS
Within the proposed Assessment District boundaries, Flood Risk Factors , Flood Damage Factors and Shared Facility Factors describe the relative benefit to each parcel within a group and are adjusted by their relative importance (weighting) . However, since all three factors are equal across all parcels in the District, there is no differentiation to be made.

LAND USE FACTORS TO DETERMINE REPLACEMENT FACTORS
The final step in determining the apportionment is to factor in the land use, or replacement value for each type of use within a Group. There are no permanent residential improvements at risk in this District. As a result, the Land Use Factors are considered to be embedded in the analysis above and no further weighting is warranted.

SFES AND RATE FACTORS
The metric used for assessments is the Single-Family Equivalent (SFE), which is defined as the special benefit received by the benchmark property (single-family residential).

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SINGLE-FAMILY RESIDENTIAL
The residential portion of the District is made up of 174 single-family residential units. Each of the rate factors were determined to be equal among all residential parcels. As the benchmark property, these are assigned one SFE each.

PUBLICLY OWNED PARCELS
Article XIIID, Section 4 of the California Constitution states that publicly owned properties shall not be exempt from assessment unless there is clear and convincing evidence that those properties receive no special benefit.

Publicly owned parcels were individually reviewed and assigned the most appropriate property type. The only public parcel within this District is the Stratford Village Park, which contains a playground, sport court, skate park, and a turf area – none of which will be inundated in a flood event. Furthermore, access during a flood event is likely not necessary (due to the associated extreme weather). Therefore, this parcel will not be impacted by a flood event nor benefited by the drainage facilities ; it rece ives no special benefit and is exempt from the assessment.

A

SSESSMENT RATES
Assessment rates are determined by dividing the total benefit by the number of Single- Family Equivalents (SFEs) in order to determine an assessment rate per SFE . The base rate for a single-family home is set at ($17,020 ÷ 174 =) $97.82 per parcel.

CRITERIA AND POLICIES

PARCEL CHANGES
The signatory Assessment Engineer is responsible for a parcel -by-parcel analysis, and determination of special benefit and assessment amount for each parcel in the proposed Assessment District. Each year, the Assessment Engineer will re- analyze and re-calculate individual benefits and corresponding assessments for each parcel , incorporating parcel splits and combinations, land use changes, specific flood risks, etc. The Assessment Engineer shall use the lien date roll obtained from the County of Alameda, or a third-party distributor of this data as the basis for the levy roll. Review of aerial photos and other data including real estate data, and site visits are anticipated.

A

PPEALS OF ASSESSMENTS LEVIED TO PROPERTY
Any property owner who feels that the assessment levied on their property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the Maintenance Services Director of the City of Hayward or his or her designee. Any such appeal is limited to correction of an assessment during the then current fiscal year. Upon the filing of any such appeal, the Maintenance Services Director or his or her designee will promptly review the appeal and any information provided by the property owner. If the Maintenance Services Director or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment 101

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roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the Maintenance Services Director or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the Maintenance Services Director or his or her designee shall be referred to the City Manager of the City of Hayward and the decision of the City Manager shall be final.

D

URATION OF THE ASSESSMENT
If approved by property owners in an assessment ballot proceeding conducted pursuant to the Article and Government Code Section 53750 et seq., the assessments can be levied annually commencing with Fiscal Year 2026.

C

OST OF LIVING ADJUSTMENTS TO ASSESSMENT RATE
The assessment cannot be increased in future years without approval from property owners in another assessment ballot proceeding, except for an annual adjustment tied to the annual change of the U.S. Department of Labor, Bureau of Labor Statistic Consumer Price Index – All Urban Consumers (“CPI”) for San Francisco- Oakland-Hayward, CA MSA Consumer Price Index for All Urban Consumers (CPI-U), not to exceed 3% per year. The February-to- February CPI will be used to calculate the CPI . Any CPI in excess of 3% will be used in subsequent years when the CPI is less than 3%. In the case of a negative February to February CPI, a 0.0% CPI will be used. The CPI adjustment will be applied to the sum of the existing 1995 assessment and the proposed new assessment for each parcel to obtain the maximum allowable rate. The actual rate applied each year may be less than or equal to the maximum allowable rate and will be determined by the City Council based on the needs within MD1.

This sub-section describes the criteria that shall govern the expenditure of assessment funds and ensures equal levels of benefit for properties of similar type. The criteria established in this Report, as finally confirmed, cannot be substantially modified; however, the Council may adopt additional criteria to further clarify certain criteria or policies established in this Report or to establish additional criteria or policies that do not conflict with this Report.

A

SSESSMENT FUNDS MUST BE EXPENDED WITHIN THE PROPOSED ASSESSMENT DISTRICT The net available assessment funds, after incidental, administrative and other costs, shall be expended exclusively for Improvements that protect property within the boundaries of the proposed Assessment District.

S

ENIOR AND LOW-INCOME EXEMPTIONS
The Government Code does not provide for exemptions to assessments for senior citizen or low-income property owners.

Government Code § 53759.1 and 53759.2

AB 2257, effective January 1, 2025, codifies Government Code §§ 53759.1 and 53759.2.

Government Code § 53759.1 authorizes public agencies to implement an exhaustion of 102

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administrative remedies requirement in the context of a proposed Proposition 218 property related fee or assessment. If the local agency complies with certain specified requirements, property owners are required to submit a written objection regarding a pr oposed property related fee or assessment during the ratemaking process and by a specified deadline no less than 45 days after mailing of notice pursuant to Proposition 218, and prohibited from challenging the property related fee or assessment in litigation if they did not submit a timely written objection. To implement this requirement, the local agency is required, among other things, to prepare written responses to the timely submitted objections and present them to the local agency governing body, whic h will make certain specified determinations prior to the close of the Proposition 218.

Government Code § 53759.2 specifies the scope of a Court’s review of the administrative record of the underlying ratemaking proceeding, if the local agency complied with Government Code § 53759.1 in adopting the property related fee or assessment being challenged.

MD1-2026 intends to comply with and implement Government Code § 53759.1 with respect to the proposed assessment. Property owners will be informed of the deadline and process to submit a written objection, and other dates related to MD1 -2026 compliance with this provision.

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ASSESSMENT
WHEREAS, the City Council of the City of Hayward is proceeding with the proposed formation of the Stratford Village Flood Control Facilities Improvement Assessment District under Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, and Chapter 10, Article 10, Section 10-10.25 of the Hayward Municipal Code, and Article XIIID of the California Constitution, to proceed with the proposed levy of assessments;

WHEREAS, the undersigned Engineer of Work has prepared and filed a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District;

NOW, THEREFORE, the undersigned, by virtue of the power vested in me under State law and the order of the City Council, hereby makes the following assessment to cover the portion of the estimated cost of said Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the Assessment District for the fiscal year 2026 is generally as follows:

Element Cost Estimate
T
otal Annual Costs $ 59.476.23
Less Contribution from current funding sources 42,456.00$ TOTAL ASSESSMENT AMOUNT 17,020.23$

An Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Assessment District. The distinctive number of each parcel or lot of land in said Assessment district is its Assessor Parcel Number appearing on the Assessment Roll.

I do hereby assess and apportion said net amount of the cost and expenses of said Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Assessment District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof.

The maximum allowed assessment is subject to an annual adjustment tied to the annual change of the U.S. Department of Labor, Bureau of Labor Statistic Consumer Price Index – All Urban Consumers (“CPI”) for the San Francisco- Oakland-Hayward, CA MSA Consumer Price Index for All Urban Consumers (CPI -U), not to exceed 3% per year. The 104

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February to February CPI will be used to calculate the CPI. The CPI adjustment will be applied to the sum of the existing 1995 assessment and the proposed new assessment.

In the event that the actual assessment rate for any given year is not increased by an amount equal to the maximum of 3% or the yearly CPI change plus any CPI change in previous years that was in excess of 3% , the maximum authorized assessment shall increase by this amount. In such event, the maximum authorized assessment shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. The CPI change above 3% will be used in a future year when the CPI adjustment is below 3%.

If property owners, in an assessment ballot proceeding, approve the initial fiscal year benefit assessment for the special benefits to their property including the CPI adjustment schedule, the assessment may be levied annually and may be adjusted by up to the maximum annual CPI adjustment without any additional assessment ballot proceeding.

In the event that in future years the assessments are levied at a rate less than the maximum authorized assessment rate, the assessment rate in a subsequent year may be increased up to the maximum authorized assessment rate without any additional assessment ballot proceeding.

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the fiscal year 2026. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of Alameda County.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2026 for each parcel or lot of land within the said Assessment District.
17 Dated: December 16, 2025

Engineer of Work

By
John Bliss, License No. C052019

17 Each parcel has a calculated assessment based on the estimated level of special benefit to the property.
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ASSESSMENT DIAGRAM
The Assessment District includes all properties within the proposed boundaries of the Stratford Village Flood Control Facilities Improvement Assessment. The boundaries of the Assessment District are displayed on the following Assessment Diagram. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions as shown on the maps of the Assessor of the County of Alameda, for fiscal year 2026, and are incorporated herein by reference, and made a part of this Diagram and this Report.

FIGURE 2 – STRATFORD VILLAGE FLOOD CONTROL ASSESSMENT DIAGRAM FY 2026

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APPENDICES
APPENDIX A – ASSESSMENT ROLL, FY 2027
The Assessment Roll is made part of this report and is available for public inspection during normal office hours. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this report. The se records shall govern all details concerning the description of the lots or parcels.

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 26-020
DATE: January 27, 2026
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., in a Not-to-Exceed Amount of $1,200,000 for Consulting Services for Phase 2 of the High Injury Network Safety Plan, Project No. 06942

RECOMMENDATION
That City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Kittelson & Associates, Inc., (Kittelson) in an amount not to exceed $1,200,000 for preparation of the High Injury Network Safety Plan, Project No. 06942.

SUMMARY
On July 7, 2023, staff applied to the U.S. Department of Transportation Safe Streets for All (SS4A) grant program to develop a Speed Management Plan and a High Injury Network Safety Plan, to help advance implementation of the City’s Local Road Safety Plan. On October 27, 2023, the City was awarded $3,252,000 in grant funding for these two projects, which City Council accepted on February 6, 2024, and allocated $813,000 in City matching funds for the grant.

In January 2025, staff awarded contracts with not-to-exceed amounts of $1,600,000 to Kimley-Horn, Inc., and $950,000 to Fehr & Peers, to prepare Phase 1 of the High Injury Network Safety Plan, including the Downtown Loop, and $210,000 to Fehr & Peers for a Speed Management Plan. On October 17, 2025, staff published a request for proposals for Phase 2 of the High Injury Network Plan and received four proposals. Staff recommends awarding the contract in an amount not-to-exceed $1,200,000 to Kittelson to prepare Phase 2 of the High Injury Network Safety Plan. The execution of this contract will allow the City to proceed with the development of the High Injury Network Safety Plan. The anticipated completion of Phase 2 of the plan is November 2027.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III High Injury Network Corridor Map
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File #:CONS 26-020
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DATE: January 27, 2026

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc. , in a Not-to-Exceed Amount of $1,200,000 for Consulting Services for Phase 2 of the High Injury Network Safety Plan, Project No. 06942

RECOMMENDATION

That City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Kittelson & Associates, Inc., (Kittelson) in an amount not to exceed $1,200,000 for preparation of the High Injury Network Safety Plan, Project No. 06942.

SUMMARY

On July 7, 2023, staff applied to the U.S. Department of Transportation Safe Streets for All (SS4A) grant program to develop a Speed Management Plan and a High Injury Network Safety Plan, to help advance implementation of the City’s Local Road Safety Plan. On October 27, 2023, the City was awarded $3,252,000 in grant funding for these two projects, which City Council accepted on February 6, 2024, and allocated $813,000 in City matching funds for the grant.

In January 2025, staff awarded contracts with not-to-exceed amounts of $1,600,000 to Kimley-Horn, Inc. and $950,000 to Fehr & Peers to prepare Phase 1 of the High Injury Network Safety Plan, including the Downtown Loop, and $210,000 to Fehr & Peers for a Speed Management Plan. On October 17, 2025, staff published a request for proposals for Phase 2 of the High Injury Network Plan and received four proposals. Staff recommends awarding the contract in an amount not-to-exceed $1,200,000 to Kittelson to prepare Phase 2 of the High Injury Network Safety Plan. The execution of this contract will allow the City to proceed with the development of the High Injury Network Safety Plan. The anticipated completion of Phase 2 of the plan is November 2027.

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FISCAL IMPACT

There is no impact to the General Fund or Measure C from this project.

The High Injury Network Safety Plan is primarily funded by a $3,252,000 grant from the USDOT SS4A program. These grant funds are applied across three Capital Improvement Program projects: 06942 – High Injury Network, 06943 – Speed Management Plan, and 06945 – Evaluate Alternatives to Downtown Loop.

The matching funds for the grant are paid from Fund 213 (Measure BB Pedestrian & Bicycle), Fund 215 (Measure B Local Transportation), and Fund 410 (Route 238 Corridor Improvement), and are not from the General Fund.

Project Total
06943 Speed Management Plan $210,000
06945 Evaluate Alternatives to Downtown Loop (HIN Phase 1 – Loop Segments of Foothill Blvd, Mission Blvd, and A St) $950,000 06942 High Injury Network Safety Plan (HIN Phase 1 –
Tennyson Rd, A St, and B St) $1,600,000
06942 High Injury Network Safety Plan (HIN Phase 2 –
Hesperian Blvd, Jackson St, and Mission Blvd) $1,200,000 Total $3,960,000

BACKGROUND

Launched in 2022, the purpose of the SS4A grant program is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development and refinement and implementation focused on all users. The program provides funding to develop the tools to help strengthen a community’s approach to roadway safety and save lives while meeting the needs of diverse local, Tribal, and regional communities.

City Council adopted the Local Road Safety Plan (LRSP) on June 27, 20231, which assesses and identifies locations and strategies to improve road safety throughout the City. Along with identifying the City’s High Injury Network, the LRSP recommends a set of strategies and countermeasures to address and prevent severe injury and fatal collisions. City Council also adopted Vision Zero by 2050, a goal to eliminate fatalities and severe injuries on the City’s roadways by 2050.

Action Item 2 of the LRSP recommends the near-term action of pursuing SS4A grant funding. Recognizing the effort needed to achieve Vision Zero by 2050, the City applied for supplemental planning funds from SS4A to develop a comprehensive approach to reduce speeds (Speed Management Plan) and conduct a set of corridor-specific safety plans

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focused on the City’s high injury network. The Speed Management Plan will help address the LRSP focus area of unsafe speeding and aggressive driving, addressing the significant role that vehicle speed plays in generating serious injuries and fatalities.

On October 27, 2023, the City was awarded the full amount of $3,252,000 requested in its application to the SS4A grant program. On February 6, 20242, City Council adopted a resolution accepting the funding and allocating $813,000 in City matching funds from Measure BB Pedestrian & Bicycle, Measure B Local Transportation, and Route 238 Corridor Improvement.

The High Injury Network Safety Plan will consist of seven study locations. These locations are as follows: 1) Downtown Area, consisting of A Street from Foothill Boulevard, Mission Boulevard from A Street to Foothill Boulevard, and Foothill Boulevard from Mission Boulevard to A Street 2) A Street from Mission Boulevard to Hesperian Boulevard 3) B Street from Martin Luther King Drive to 4th Street, 4) Tennyson Road from Hesperian Boulevard to Mission Boulevard 5) Hesperian Boulevard from A Street to City Limits, 6) Jackson Street from Santa Clara Street to Mission Boulevard and 7) Mission Boulevard from Industrial Parkway W to Foothill Boulevard. The development of the plan is broken down in two phases: The Downtown Area, A Street, B Street, and Tennyson Road are being completed as Phase 1 of the plan and have been progressing with anticipated completion in 2026. Hesperian Boulevard, Jackson Street, and Mission Boulevard depicted in Attachment III – HIN Phase 2 Corridor Map will be completed as Phase 2 of the plan.

DISCUSSION

Staff released an RFP for Phase 2 of the High Injury Network Safety Plan on October 17, 2025, and received proposals from four firms: Fehr & Peers, Kimley-Horn, Kittleson & Associates, and TJKM. The staff evaluation team, which consisted of five Department of Public Works engineers and planners, reviewed and scored the proposals based on their project management & team leads, project understanding & approach, work plan & fee, and qualification of firm/team. The three top-ranked firms had similar average ratings and were invited for interviews, which consisted of an identical set of predetermined questions regarding scenario planning and proposal clarification. With a first round score of 58.0, TJKM did not advance. After conducting those interviews, staff reviewed and finalized their scores, with Kittelson receiving the highest ranking of all firms. The table below provides the average final score for each of the firms after interviews were held.

Firm Average Score
Kittleson & Associates 89.0
Kimley-Horn 88.8
Fehr & Peers 85.1

After consideration of the project scope, submitted proposals, and interview performance, staff recommended that Kittelson be selected to deliver components of the Phase 2 project

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scope. Their proposed fee was within the expected range, given proposed task work, and was competitive compared to other submissions. Staff negotiated scope down to the proposed maximum compensation of $1,200,000. The Kittelson proposal included a strong team of partners with extensive outreach, planning, and construction experience, and they proposed creative and insightful ideas that were unique to each corridor. During the interview, they showed a strong understanding of the community and were able to showcase nuanced opportunities for the City in their responses. Their scope would cover Hesperian Boulevard from A Street to City Limits, Jackson Street from Santa Clara Street to Mission Boulevard, and Mission Boulevard from Industrial Parkway W to Foothill Boulevard.

Selecting Kittelson for the project provides several advantages to the City, including increased staff capacity, significant experience working at Federal, State, and local levels to develop and implement best practices in developing and designing multimodal corridor safety plans, and direct experience conducting outreach and engagement on transportation safety issues in the City.

The execution of this contract will allow the City to proceed with the development of the High Injury Network Safety Plan. The anticipated completion of Phase 2 of the plan is November 2027.

ECONOMIC IMPACT

The High Injury Network Safety Plan will develop comprehensive design concepts for Hesperian Boulevard, Jackson Street, and Mission Boulevard, which when implemented, will help reduce the likelihood of serious injuries and fatalities. Vehicle crashes have a significant economic cost, both to those directly impacted and to other users of the transportation system. By helping to avoid these impacts, the High Injury Network Plan will have a significant economic benefit for Hayward residents and visitors.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Invest in Infrastructure.

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

Project 1, Part N1: Continue to implement major corridor traffic calming initiatives.

This item will advance implementation of the City Council adopted Local Road Safety Plan.

SUSTAINABILITY FEATURES

The High Injury Network Safety Plan will help the City implement strategies to reduce greenhouse gas emissions and aligns with the City’s Climate Action Plan by promoting sustainable local and regional travel options to reduce VMT (vehicle miles traveled).

Walking, biking, and rolling are all sustainable ways to travel locally, and improving safety and comfort for users can have substantial impacts on decisions around using these modes.

Additionally, two of the corridors, Mission Blvd and Hesperian Blvd, host two of the highest 113

ridership bus routes for AC Transit. Ensuring quality transit routes will support a sustainable future for the broader region.

PUBLIC CONTACT

The Local Road Safety Plan included community engagement, including City Council review and acceptance of the strategy to reduce speeds as a core strategy to improve roadway safety in Hayward. The High Injury Network Safety Plan Phase 2 will include coordination with internal and external stakeholders and work session and ultimate City Council consideration of the plan’s approval. This will include online engagement, with surveys and maps, in-person engagement with pop-ups and activities, and creative options such as a design charrette. The process will be iterative and clearly communicate the ways public input will be incorporated into final decisions and designs.

NEXT STEPS

If City Council approves this request, the City Manager will execute a professional service agreement with Kittelson & Associates, Inc., for Phase 2 of the High Injury Network Safety Plan in a not-to-exceed amount of $1,200,000.

Prepared by: George Foster, Senior Transportation Planner Byron Tang, Principal Transportation Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Jennifer Ott, City Manager
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ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _____________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH KITTELSON & ASSOCIATES IN A NOT-TO-EXCEED AMOUNT $1,200,000 FOR CONSULTING SERVICES FOR PHASE 2 OF THE HIGH INJURY NETWORK SAFETY PLAN, PROJECT NO. 06942

WHEREAS, professional service assistance is needed for Phase 2 of the High Injury Network Safety Plan, Project No. 06942; and

WHEREAS, the High Injury Network Safety Plan will help develop strategies to implement the Hayward Local Road Safety Plan and Vision Zero policy; and

WHEREAS, on October 17, 202 5, four (4) valid proposals were received and then evaluated for the most qualified proposal. Kittelson was ranked the highest with an average score of 89/100 based on criteria established in the Request for Proposal 26-021; and

WHEREAS, the negotiated cost proposal is in the amount not-to-exceed $1,200,000 for Kittelson & Associates, Inc.; and

WHEREAS, the required matching funds for the $3,252,000 U.S. Department of Transportation Safe Streets for All (SS4A) grant are paid from Fund 213 (Measure BB Pedestrian & Bicycle), Fund 215 (Measure B Local Transportation, and Fund 410 (Route 238 Corridor Improvement) and has no impact to the General Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Council hereby authorize s the City Manager to execute a professional services agreement with Kittelson & Associates, Inc., in a not -to-exceed amount $ 1,200,000 for consulting services, in a form to be approved by the City Attorney.

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IN COUNCIL, HAYWARD, CALIFORNIA , 2026

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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Attachment III
117

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 26-003
DATE: January 27, 2026
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Business-Friendly Hayward Project Update: Review of Draft Municipal Code and Zoning Maps Revisions Related to the Business-Friendly Hayward Project

RECOMMENDATION
That the City Council provides feedback on the draft Municipal Code and Zoning Map revisions related to the Business-Friendly Hayward project.

SUMMARY
The Business-Friendly Hayward Project aims to accomplish a series of Strategic Roadmap projects and Downtown Specific Plan implementation programs by focusing on the following objectives:
· Streamline entitlement and permitting processes for desirable businesses across the City’s commercial and mixed-use zoning districts.
· Activate vacant and underutilized properties and storefronts Downtown.

To date, City staff have reviewed best practices from nearby jurisdictions, analyzed Hayward’s existing codes and practices related to commercial and mixed-use districts, conducted an analysis of commercial businesses in the Downtown area, and facilitated a series of public outreach efforts aimed at getting feedback from businesses, the public, and other community stakeholders.

Based on these efforts and feedback received from the Planning Commission and Council, revisions to the Municipal Code and Zoning Map have been drafted for the Council’s feedback. These include a new organization and simplification of the Commercial Districts section of the Zoning Ordinance; relaxed permitting requirements for popular business types; strategic new land use controls; new simple permit types to better support emerging businesses and activation of our commercial areas; and rezonings to simplify the Zoning Map.

At this work session, staff is requesting feedback from the Council on the following:

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File #:WS 26-003
· Are the draft Municipal Code revisions, new permit types, and proposed rezonings appropriate for Hayward?
· Are the Downtown and Mission Boulevard Corridor the suitable areas to pilot Accessory Commercial Units (ACUs) in Hayward and does the Council support the list of proposed uses allowed (barber/beauty shop, nail salon, pet grooming, fitness studio, retail, take-out coffee shop, neighborhood-serving grocery shop)?
· Does the Council support the types of entertainment uses listed in the Limited Entertainment Permit program, which includes live band/musicians, open mic, and karaoke? Are there other entertainment activities the Council believes should be allowed via this streamlined process? · Is the Council supportive of adding “event space” into our definition of cultural facility/community center, thus allowing event spaces in more zoning districts through a simpler process, including Downtown, as long as events end by 11:00 p.m.?

ATTACHMENTS
Attachment I Staff Report
Attachment II Section 10-1.800, Commercial Districts - Clean Attachment III Section 10-1.800, Commercial Districts - Redline Revisions Attachment IV Section 10-24.2.3.010, Mission Boulevard Use Table - Redline Revisions Attachment V Section 10-28.2.3.010, Downtown Development Code - Redline Revisions Attachment VI Section 10-1.1603, Industrial Districts Use Table - Redline Revisions Attachment VII Section 10-1.2735(a), Accessory Commercial Units - New Code Section Attachment VIII Section 10-1.2735(f), Limited Entertainment Permit - New Code Section Attachment IX Section 10-1.2700, General Regulations - Redline Revisions Attachment X Section 10-1.3500, Definitions - Redline Revisions Attachment XI Maps of Properties Proposed to be Rezoned CITY OF HAYWARD Printed on 1/22/2026Page 2 of 2
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DATE: January 27, 2026

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: Business Friendly Hayward Project Update : Review of Draft Municipal Code and Zoning Maps Revisions Related to the Business-Friendly Hayward Project

RECOMMENDATION

That the Council provide feedback on the draft Municipal Code and Zoning Map revisions related to the Business-Friendly Hayward project.

SUMMARY

The Business-Friendly Hayward Project aims to accomplish a series of Strategic Roadmap projects and Downtown Specific Plan implementation programs by focusing on the following objectives:

 Streamline entitlement and permitting processes for desirable businesses across the City’s commercial and mixed-use zoning districts.
 Activate vacant and underutilized properties and storefronts Downtown.

To date, City staff have reviewed best practices from nearby jurisdictions, analyzed Hayward’s existing codes and practices related to commercial and mixed-use districts, conducted an analysis of commercial businesses in the Downtown area, and facilitated a series of public outreach efforts aimed at getting feedback from businesses, the public, and other community stakeholders.

Based on these efforts and feedback received from the Planning Commission and Council, revisions to the Municipal Code and Zoning Map have been drafted for the Council’s feedback.

These include a new organization and simplification of the Commercial Districts section of the Zoning Ordinance; relaxed permitting requirements for popular business types; strategic new land use controls; new simple permit types to better support emerging businesses and activation of our commercial areas; and rezonings to simplify the Zoning Map.

At this work session, staff is requesting feedback from the Council on the following:

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 Are the draft Municipal Code revisions, new permit types, and proposed rezonings appropriate for Hayward?
 Are the Downtown and Mission Boulevard Corridor the suitable areas to pilot Accessory Commercial Units (ACUs) in Hayward and does the Council support the list of proposed uses allowed (barber/beauty shop, nail salon, pet grooming, fitness studio, retail, take-out coffee shop, neighborhood-serving grocery shop)?  Does the Council support the types of entertainment uses listed in the Limited Entertainment Permit program, which includes live band/musicians, open mic, and karaoke? Are there other entertainment activities the Council believes should be allowed via this streamlined process?
 Is the Council supportive of adding “event space” into our definition of cultural facility/community center, thus allowing event spaces in more zoning districts through a simpler process, including Downtown, as long as events end by 11:00 p.m.?

FISCAL IMPACT

There is no fiscal impact from this work session. The City procured a consultant, Rincon, for a portion of this work. Rincon’s contract and associated budget was $99,877 and was paid through the Planning Division’s consultant budget in FY 2025. To reduce consultant costs for this project, staff entirely led the extensive outreach efforts and have taken the lead in drafting revisions to the Municipal Code.

BACKGROUND

Downtown Specific Plan. In 2019, the City Council adopted the Downtown Specific Plan,1 which provides a strategy to achieve the community’s vision of a resilient, safe, attractive, and vibrant historic Downtown. It has a series of implementation programs, including:

 Program LU 2: Update zoning regulations to allow temporary uses such as temporary structures on vacant lots, temporary uses in existing structures, pop-up shops, fruit stands, and mobile businesses, especially in vacant or underutilized spaces (including vacant storefronts) to increase small-scale business opportunities and to temporarily fill gaps in the urban fabric.
 Program LU 4: Update zoning regulations to modernize land use regulations and allow uses consistent with the vision for Downtown, such as neighborhood and regional serving retail, destination dining, entertainment, and indoor recreation that serve a diverse population including students, families, seniors, creative class professionals, and artists.
 Program CD 2: Update use regulations to encourage pedestrian-oriented uses that can help to activate the Downtown, such as sidewalk dining and outdoor seating.  Program ED 2: Modify zoning regulations to allow on-site retailing with small-scale production or processing at the same location.

1 Hayward Downtown Specific Plan: https://www.hayward-ca.gov/sites/default/files/documents/DSD-Planning-Hayward-Downtown-Specific-Plan.pdf 121

 Program ED 3: Modify zoning regulations to allow collaborative incubator and working spaces for emerging innovative start-ups or smaller companies that benefit from shared and more affordable working space.
 Program ED 6: Improve and streamline the entitlement process to attract investment and development and for projects involving the expansion and upgrades of existing Plan Area businesses, including for code-compliance upgrades.

Project Overview. The Business-Friendly Hayward Project aims to accomplish the Downtown Specific Plan implementation programs listed above and Strategic Roadmap projects listed at the end of the report by focusing on the following project objectives:

 Streamline entitlement and permitting processes for desirable businesses across the City’s commercial and mixed-use zoning districts.
 Activate vacant and underutilized properties and storefronts Downtown.

In partnership with Rincon Consultants and Metrovation Retail Resources, staff reviewed best practices for creating lively and thriving commercial areas, completed an analysis of the City’s codes and practices related to commercial and mixed-use districts, and conducted a commercial analysis that identifies community preferences and impediments to business attraction and retention. In addition, staff led a series of outreach efforts aimed at getting feedback from businesses, the public, and community stakeholders. These efforts are discussed further in the Analysis and Public Outreach sections below. The proposed Muni Code and Zoning Map revisions in the Discussion section of this report are based on this research and the feedback gathered to date.

ANALYSIS

Summary of Best Practices Report. The Summary of Best Practices Report2 provides an overview of ordinance amendments and other initiatives taken by jurisdictions throughout the region to enliven their commercial districts and support business vitality. Some key takeaways that potentially provide good models for Hayward include allowing flexibility in land use regulations to adapt to varying marketing conditions, streamlining small live performances through the use of live entertainment permits, and promoting pop-up and temporary uses.

Analysis of Hayward Codes and Practices. The Analysis of Hayward Codes and Practices3 provides a deep dive into the portions of the City’s Municipal Code that govern commercial and mixed-use districts. It identifies land use regulations, permitting processes, development standards, and organizational issues that serve as obstacles towards attracting desirable businesses and activities, and offers recommendations for business-friendly code amendments. Key recommendations from this report include establishing simplified permitting processes for temporary uses, outdoor dining, and small-scale live entertainment; reducing permitting requirements for popular uses to better align with community

2 Summary of Best Practices Report: https://www.hayward-ca.gov/sites/default/files/documents/DSD-PL-Business-Friendly-Hayward-Code-Updates.pdf 3 Analysis of Hayward Codes and Practices: https://www.hayward-ca.gov/sites/default/files/documents/DSD-PL-Analysis-of-Hayward-Codes-and-Practices.pdf 122

preferences and market demand; and consolidating the number of commercial zoning districts to make the zoning map easier to navigate.

 Appendix A includes an analysis and breakdown of Downtown Hayward’s commercial conditions and market dynamics. The analysis identifies specific barriers to business attraction and retention, and evaluates physical conditions, tenant mixes, market strengths, and opportunities for improvement in the Downtown core, particularly around B Street, Foothill Boulevard, and the Cinema Place area. Key findings include that Downtown lacks a more balanced mix of entertainment venues, experiential businesses and local-serving retail that would better serve a younger demographic and draw outside visitors. Additionally, vacant storefronts and underutilized lots create opportunities for pop-up businesses and placemaking interventions.

PUBLIC OUTREACH
Council Economic Development Committee Meeting. On February 3, 2025, staff met with the Council Economic Development Committee (CEDC) to kick off the project. The CEDC provided their first impressions of the project and provided direction on the items and areas they wanted staff to focus on. These areas included:

 Expanding “Personal Services”4 as a use that is permitted by right throughout commercially zoned areas.
 Encouraging community amenities, entertainment uses, and meeting spaces.  Allowing a more streamlined permitting process for pop-up events and temporary uses.

As discussed further in the Discussion section below, in response to these recommendations, staff is proposing several targeted amendments to the Zoning Ordinance.

First Planning Commission Work Session. On August 28, 2025, staff presented the Business- Friendly Hayward project to the Planning Commission to receive preliminary input and feedback following the completion of the background research, analysis, and outreach phases of the project. The Commission expressed overall enthusiasm for the project and expressed support for the creation of Live Entertainment Permits and streamlined permitting requirements for popular uses, including breweries and wineries. The Commission also expressed interest in exploring the potential for establishing entertainment districts in Downtown Hayward.

The Commission did, however, express concern regarding ACUs and parklets. Commissioners felt that introducing ACUs at this time could compound existing challenges related to sidewalk vending. They also voiced hesitation about converting Downtown parking spaces into parklets, expressing doubt about their suitability and effectiveness within the Hayward context. The Commission emphasized the importance of tailoring strategies to align with Hayward’s unique identity. Commissioners cautioned against adopting programs solely based

4 Personal services typically include uses such as barber shops and beauty salons; nail salons, dry cleaners; locksmiths; shoe repair shops; and tailors. 123

on practices observed in other jurisdictions and underscored their desire for staff to prioritize initiatives that enhance and preserve the character that makes Hayward distinctive.

As outlined further in the Discussion section below, in response to these comments, staff is proposing the creation of new permits and relaxed permitting requirements to largely address these recommendations. However, while there was considerable interest in exploring the establishment of entertainment districts within the City of Hayward, further evaluation revealed that creating and administering such districts would require staff time and resources the City does not currently have available. Although this concept may be reconsidered in the future, staff is not recommending moving forward with entertainment districts at this time.

First City Council Work Session. On September 23, 2025, staff conducted a similar work session with the City Council. Like the Planning Commission, the Council was generally supportive of staff’s recommendations, including making popular uses more permissible, including beer and wine sales and allowing small-scale live entertainment activities with a simplified permitting process. However, they differed from the Commission in that they directed staff to continue pursuing introducing ACUs in limited zoning districts and to encourage parklets to promote outdoor dining and activate key commercial areas, like Downtown Hayward.

Again, in the Discussion section below, staff believes the proposed revisions incorporate nearly all of Council’s recommendations, with the exception of moving forward with a revamped parklet program. While staff initiated preliminary discussions with other stakeholder departments regarding the creation and implementation of a parklet program to be piloted in the Downtown area, due to current constraints on staff time and resources, as well as the level of effort required to develop and administer the program, staff is not recommending moving forward at this time. Staff hopes to revisit this effort in the future and, in coordination with Public Works, conduct the necessary outreach, surveys, and research required to launch such a program when resources allow.

Second Planning Commission Work Session. On January 22, 2026 staff held a work session with the Planning Commission to discuss the draft Muni Code revisions and map amendments discussed below. The details of this meeting will be discussed verbally in staffs’ presentation as this agenda report was written prior to the work session.

Additional Outreach. Below is a list of the additional public outreach that staff conducted to solicit feedback from community members and business owners:

 Tabling at Summer Street Parties: June 12, July 17, and August 21, 2025  Downtown Hayward Improvement Association Meeting: July 10, 2025  Online Survey to Business Owners and Community Members: July 2025  Business Member Focus Group: October 15, 2025
 Community Member Focus Group; October 16, 2025

Business owners identified licensing requirements and compliance with health and safety regulations as challenges to business operations. They also highlighted concerns related to 124

perceptions of safety, especially in Downtown, and frustration with regulatory restrictions on uses such as outdoor dining, live music, and beer and wine sales.

From members of the public and community stakeholders, the most requested new businesses in Hayward include support for more recreational uses, such as skating rinks, axe throwing, and recreation catered towards families and children. Community members specifically indicated they would spend more time and money in Downtown if there were more businesses, events, or nightlife available. Castro Valley, Pleasanton, and Dublin were often cited as places Hayward community members enjoy visiting, because of their perceived safety, walkability, and low vacancy rates. Additional details on the data collected from the community outreach efforts is available on the project webpage.5

Upcoming Outreach. Due to stakeholder interest, staff will be holding a community meeting in February with business owners in the industrial areas in order to discuss the few changes to the industrial use table .

Additionally, staff will provide mailed notice to property owners whose parcels are proposed to be rezoned. The notice will identify each parcel’s existing zoning designation, the proposed zoning designation, and summarize any changes between the two. The notice will also include the dates of the project’s upcoming public hearings, as well as information on a community meeting where property owners may speak directly with staff to ask questions or share concerns.

DISCUSSION

Based on the research and analysis presented above and the feedback garnered from the business community, public, and decision makers, a series of revisions to the Municipal Code and Zoning Map are proposed to achieve the project’s goals of making Hayward more business friendly in line with community priorities and market demands. These revisions are presented in detail in Attachments II-XI and are summarized below.

Organization and Simplification. To make the Zoning Ordinance easier to navigate, the commercial zoning districts have been consolidated from their current eight sections into one (Attachment II-III). Mirroring other recently updated sections of the code, this includes new land use and development standard tables that allow prospective businesses and developers to easily identify which types of businesses are allowed in each district and what the requirements for new development or redevelopment would be. Additionally, land uses have been consolidated into fewer, simpler categories, such as “office” and “retail” that allow for a wide variety of businesses and greater flexibility to adapt to new, emerging uses.

Relaxed Permitting Requirements. Staff recommends relaxing the permitting requirements for a number of uses in the City’s commercial and mixed-use zoning districts to make it easier for businesses to open and operate, as reflected in Attachments II, III, IV and V. Notably, this includes reducing the requirement for businesses selling or serving beer, wine, or alcoholic cider from a Conditional Use Permit (requiring Planning Commission approval at a public

5 Project Webpage: https://www.hayward-ca.gov/your-government/departments/planning-division/business-friendly-hayward-project 125

hearing) to an Administrative Use Permit (requiring staff approval) in most districts; and to permitted by right in the Central Business District (Southland Mall) and in the Downtown Main Street and Urban Center districts (Downtown core). Distilleries are also recommended to be allowed with approval of an AUP in the Downtown core. Staff further proposes allowing day care centers, recreational facilities, and cultural facilities/community centers by right in most commercial and mixed-use districts, as these uses are highly sought after by the community. Similarly, staff is proposing that animal care facilities be allowed in a wider range of commercial districts with approval of an AUP. In addition, staff is recommending that tattoo shops be allowed by right in our Downtown core, at Southland Mall, and in our General Commercial district, while requiring an AUP rather than a CUP in other commercial and mixed-use districts.

Staff also recommends amending the definition of cultural facility to include event spaces that may be rented out for events that end by 11:00 p.m. Conversely, banquet halls, which would allow events that go past 11:00 p.m. would require a CUP in all zoning districts. This change, supported by the Hayward Police Department, would allow event spaces within cultural facilities, religious facilities, community centers, and other similar spaces to be permitted through an AUP in broader range of zoning districts and by right in select locations, including the Downtown area. Staff finds this appropriate given Downtown’s proximity to BART, the availability of municipal parking garages and lots, and the desire to get more people in our Downtown core. As banquet halls hosting late night events have the potential to create more nuisances, staff finds it appropriate to limit this use to fewer districts and require a CUP to ensure applications are reviewed with a higher level of scrutiny.

Strategic New Land Use Controls. In addition to relaxing entitlement process for the above uses, staff is also recommending increasing the entitlement and permitting requirements for two specific land uses that necessitate additional control to ensure public health, safety, and general welfare.

First, staff recommends requiring approval of a CUP to operate a massage establishment in the Downtown area (Attachment V). Since the Downtown Specific Plan was adopted in 2020, massage establishments have been allowed by right in three Downtown zoning districts (Urban Neighborhood, Downtown Main Street, and Urban Center), which has led to a concentration of massage businesses downtown. Recently, the Hayward Police Department became aware of instances of commercial prostitution at permitted and unpermitted massage businesses within the city, and as a result, the Council approved a temporary moratorium on the establishment of new massage businesses until stricter land use and operational controls for these establishments can be put into place.6 Requiring a CUP for massage establishments in the Downtown area, will close a current “by-right” loophole and ensure that all massage businesses in Hayward are required to go through the same screening and permitting process, which includes review by the Planning Division and Hayward Police Department.

Second, given the operational characteristics and potential for impacts to sensitive receptors, staff is also recommending all data centers be subject to a CUP and be limited to the IG, General Industrial zoning district (Attachment VI). As defined in our current code, data

6 City Council Meeting, December 16, 2025,: https://hayward.legistar.com/LegislationDetail.aspx?ID=7783347&GUID=EE9C5E0D-279D-484F-89D8-1B6B8405D515&Options=&Search= 126

centers are considered an “office” use and permitted by right in many commercial and industrial zoning districts. Two recent data center projects that have come before the Planning Commission have only been required to do so because they have requested a height increase beyond the 75-foot height limit and were located on a site over 10 acres, which requires Major Site Plan Review. Otherwise, these projects would have been eligible for staff level review. Requiring a CUP for data centers will ensure that in all cases these types of projects are reviewed at a public hearing before the Planning Commission, and limiting their location to the IG zoning district will reduce the potential for impacts to sensitive uses.

New Permit Types. In addition to the above-described revisions to the Muni Code, staff is also proposing new permit types to better support emerging businesses and help activate the City’s commercial areas.

 Zoning Conformance Permit for Accessory Commercial Units (ACUs). ACUs are similar to Accessory Dwelling Units (ADUs), except that they serve as small commercial storefronts at people’s homes, often in garage conversions (Attachment VII). Staff recommends allowing ACUs within districts that allow detached residential units located within the Downtown and Mission Boulevard corridor. Limiting ACUs geographically is intended to “pilot” the ACU concept in areas that already have a mixed-use character to further promote walkability and strengthen connection within these areas, while also allowing new businesses the opportunity to incubate, gain customers, and traction.

The range of permitted ACU uses is intentionally limited and focused primarily on low- impact retail and service uses such as beauty salons, pet grooming, fitness studios, tutoring, and coffee shops. Staff also considered the Planning Commission’s concerns regarding the potential for ACUs to inadvertently encourage unpermitted restaurant uses to pop up in people’s homes. As a result, restaurants are not included as an allowed use at this time.

 Limited Entertainment Permit. To streamline the permitting process for live entertainment uses, staff proposes introducing a new Limited Entertainment Permit (Attachment VIII). This permit type is intended to facilitate small-scale entertainment activities that are ancillary to primary uses while maintaining appropriate safeguards for surrounding uses. This might include an open mic night at a coffee shop, karaoke at a restaurant, or live music at a brewery.

The proposed Limited Entertainment Permit is specifically designed for small entertainment uses and is not meant to accommodate higher-intensity activities such as nightclubs or large entertainment venues, which would continue to be regulated by the City’s Cabaret Ordinance. As the regulatory framework in the Cabaret Ordinance is highly restrictive, in practice, it discourages or screens out most forms of live entertainment altogether, regardless of scale. The new Limited Entertainment Permit is intended to loosen requirements where appropriate, in order to allow for a faster and less expensive permitting process. This approach allows the City to support a more active and engaging commercial environment without removing regulatory 127

oversight, focusing instead on right-sizing regulations to match the scale and impact of the proposed activity.

 Temporary Use Permit. While many zoning districts currently allow Temporary Uses, such uses require approval of an Administrative Use Permit. An AUP application requires a $2,000 initial deposit and typically takes three to five months to process.

While this level of review is appropriate for permanent uses, it is overly burdensome for smaller, low-impact activities that will operate for a limited period of time.

To address this issue, staff is proposing a new Temporary Use Permit for small-scale temporary uses. This permit would function similarly to a Zoning Conformance Permit, in that applicants would be required to meet established standards, but the permit would not be subject to noticing nor would it need to go through the same level of interdepartmental review appropriate for a permanent use. Processing time is anticipated to be less than one month, and a flat application fee could be set based on estimated staff time.

Rezonings. Finally, to simplify the Zoning Map and eliminate some of the unnecessary nuance between the City’s current eight base commercial zoning districts, staff recommends consolidating three of the smallest commercial districts into larger districts that have substantially similar zoning regulations and development patterns but allow more uses by right and with use permits. As shown in Attachment XI, staff is recommending properties in the Residential Office (RO) district be combined with the Commercial Office (CO) district to create a new district called the Commercial Office – Residential (CO-R) district. In addition, staff is recommending the Limited Access Commercial (CL) district be rezoned to the General Commercial (CG) district, and the Regional Commercial (CR) district be rezoned to the General Commercial (CG) district. These rezonings will impact approximately 83 properties.

Through these rezoning efforts, no significant changes will impact the allowed uses or development potential of each property. Letters explaining the proposed rezonings will be sent out to all affected property owners, tenants, and residents in January 2026, and stakeholders will be invited to meet with City staff to discuss the rezoning of their property in greater detail.

Other Process Improvements. Based on feedback staff has heard from City Council about process improvements related to the permitting process, staff wanted to share some process improvements that have been implemented as well as those staff will be implementing to address concerns about processing timelines. While staff is meeting all mandated timeframes for application processing, staff understands that development and the permitting process is complex. Although there are many nuanced reasons why some projects take longer than others to go through the review process, there are always opportunities for improvements.

 Staff will be requiring a meeting between city staff plan reviewers and the project applicant for any project that has completed their third round of review and have not yet been issued a permit. The purpose will be to discuss those roadblocks and ensure issuance following the fourth submittal. Please note that 80% of all permits are processed in less than 3 rounds of review.
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 All staff plan reviewers of development applications meet bi-weekly to discuss project application status and collaborate on challenges.
 DSD staff and ED staff are generating a list of City priority projects which will be shared with all Department Heads as well as plan review staff and can serve as a focus for discussions at those bi-weekly meetings.
 DSD staff and IT staff are working on developing a dashboard or two that can help track development applications.

Staff is open to exploring other improvements provided they are consistent with the regulatory framework the City is bound by and within available resources.

Feedback Requested. As previously indicated, staff is requesting feedback from the Council on the following:

 Are the draft Municipal Code revisions, new permit types, and proposed rezonings appropriate for Hayward?

 Are the Downtown and Mission Boulevard Corridor the suitable areas to pilot Accessory Commercial Units (ACUs) in Hayward and does the Council support the list of proposed uses allowed (barber/beauty shop, nail salon, pet grooming, fitness studio, retail, take-out coffee shop, neighborhood-serving grocery shop)?

 Does the Council support the types of entertainment uses listed in the Limited Entertainment Permit program, which includes live band/musicians, open mic, and karaoke? Are there other entertainment activities the Council believes should be allowed via this streamlined process?

 Is the Council supportive of adding “event space” into our definition of cultural facility/community center, thus allowing event spaces in more zoning districts through a simpler process, including Downtown, as long as events end by 11:00 p.m.?

STRATEGIC ROADMAP

The Hayward Strategic Roadmap7 is a Council led initiative that outlines the shared vision for Fiscal Year 2025 and beyond. There are six core priorities required to achieve the Strategic Roadmap’s vision and numerous key projects to advance each priority. The Grow the Economy priority focuses on investing in business support services, creating thriving commercial corridors, growing workforce development pipelines, and strategically disposing of City property. This effort supports two of the projects listed under this priority:
 Project EP5: Provide a report on how midsized cities revitalized downtowns.

7 Hayward Strategic Roadmap: https://www.hayward-ca.gov/your-government/documents/hayward-strategic-roadmap 129

 Project EP6: Provide a report on ordinances that may have adverse impacts on businesses.8

ECONOMIC IMPACT

Streamlining the permitting process for commercial development may result in more businesses opening in Hayward and operating successfully for longer periods of time. This in turn can lead to increased tax revenue for the City, the creation of local jobs, and further investment in our commercial centers.

NEXT STEPS

Based on the direction received at tonight’s work session final updates to the City’s Municipal Code will be drafted. In addition, staff will hold a community meeting with business owners in the industrial area and provide opportunities for feedback for properties that are proposed to be rezoned. Staff anticipates bringing final code and map amendments before the Council for adoption this spring.

Prepared by: Elizabeth Blanton, AICP, Senior Planner
Sachiko Riddle, Assistant Planner

Recommended by: Sara Buizer, AICP, Development Services Director

Approved by:

______________________________
Jennifer Ott, City Manager

8 In order to alleviate adverse impacts on restaurants and remove unnecessary restrictions, the City’s alcohol regulations were updated in March 2023 to make it easier for full-service restaurants to obtain permission from the City to serve alcohol at their establishments. City Council Public Hearing, March 7, 2023:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6050568&GUID=9C6E57B1-0937-4560-BD41- 5D1B007B5745&Options=&Search=
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Sec. 10-1.800 Commercial Districts
Sec. 10-1.801 Purpose
a. Commercial Office -Residential District (CO-R). The CO -R District maintains a residential identity while containing a mix of residential and office uses . The scale, form, and acti vity of uses should not detract from adjacent residential uses. b. Neighborhood Commercial -Residential District ( CN-R). The CN -R District includes a mixture of neighborhood serving businesses and residences along portions of certain arterials in order to provide housing with ready access to shops and transit. c. Commercial Neighborhood District (CN). The CN District includes a variety of neighborhood serving businesses in close proximity to residential in order to provide convenience goods and services purchased frequently.
d. General Commercial District (CG). The CG District includes a wide variety of commercial uses, including uses that would attract neighborhood, local, and regional au diences. e. Central Business District (CB). The CB District provides an alternate commercial hub outside of the Downtown area characterized by a mix of retail, restaurants, amusement and recreation uses.

Sec. 10-1.802 Use Regulations—Commercial Districts
Table 10 -1.802, Land Use Regulations —Commercial Districts, sets the land use regulations for Commercial Districts 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 Section, other requirements of the Hayward Municipal 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. "-" designates uses that are not allowed.

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.

Section numbers in the right -hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or

ATTACHMENT II
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City of Hayward
activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoors.

TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Administrative and Professional
Offices
Office P P P P P Excluding check cashing
Cannabis testing laboratory - - - A -
Check cashing store - - C C C
Commercial cannabis delivery - - - A -
Payday loan facilities - - C C C
Automobile Related Uses
Automobile brokerage office - - - A - See definitions
Automobile Sales and Rental - - A P - Along Mission Blvd only Automobile repair – minor - - C A A
Automobile repair – major - - - A A
Automobile service station - - C A A
Automobile storage facility - - - A -
Car wash - - C A A
Drive-in establishments - - C A C See Section 10-1.2735.e for special requirements.

EV Charging Station - - A A A
Parking lot A A A A A
Personal Services
Personal Services P P P P P
Massage establishment - - C C C
Tattoo - A A P P

ATTACHMENT II
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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Residential Uses
Detached residential unit(s) A - - - - Subject to density limitations in the General Plan
Duplex/Triplex P P1 P1 P1 P1 Subject to density limitations in the General Plan
Multi-Unit Residential (4+ attached
units) P P P1 P1 P1 Subject to density limitations in the General Plan
Residential development as
provided in Government Code
Sections 65852.24, 65913.4 and
65912.100, as amended from time
to time.

P P P P P
As provided in Government Code
Sections 65852.24, 65913.4 and
65912.100, as amended from time
to time.

Small Unlicensed Group Home P - - - - See definitions.

Large Unlicensed Group Home C - - - - See definitions.

Small Licensed Group Home P - - - - See definitions.

Medium Licensed Group Home A - - - - See definitions.

Large Licensed Group Home C - - - - See definitions.

Single Room Occupancy - - - A A
Accessory dwelling unit(s) P P P P P
Where primary use is residential.

See Section 10-1.2740 for criteria
and standards
Retail Commercial Uses
Retail - P P P P
Bar, cocktail lounge - C C C C
See General Regulations Section 10-

1.2750 et seq. for regulations of
alcohol
Brewery/winery/cidery - A A A P
Commercial cannabis retail
dispensary - - - C C See Section 10-1.3600.

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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Dance or night club - C C C C
See General Regulations Section 10-

2.2750 et seq. for regulations of
alcohol.

Distillery - - - A A
Liquor store - C C C C
See General Regulations Section 10-

2.2750 et seq. for regulations of
alcohol.

Nursery (plant) P P P P P
Restaurant - P P P P
Theater (Small Motion Picture or
Live Performance Only) - P P P P
Theater, Large Motion Picture - C C C C See Section 10-1.1045 for special requirements.

Service Commercial Uses
Appliance service and repair shop - - A P P Not ancillary to a primary use Copying, mailing, or reproduction
facility - P P P P
Equipment rental - - - P P
Hotel or motel - - - P P2
Recycling collection area - - A A A When located within a convenience zone.

Reverse vending machine(s) P P P P P When located within a convenience zone.

Other Uses
Animal hospital - A A A A
Ambulance Service - - A A A
Artisan/Craft Production C C P P P
Auction - - - A A
Banquet hall - - C C C
Broadcasting studio - - - P P

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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Catering facility - - P P P
Cultural facility A P P P P
Day care home P P P P P
State-licensed, less than 24-hour
care for children or adults, 14 or
fewer persons, excluding staff. See
definitions
Day care center A P P P P
State-licensed, less than 24-hour
care for children or adults, 15 or
more persons, excluding staff. See
definitions.

Educational facility P/A P/A P/A P/A P/A
Permitted by right if less than
10,000 square feet. Otherwise an
AUP is required.

Home occupation P P P P P See definitions
Home occupation – expanded A A A A A See definitions
Hospital - - - - A
Kennel - - A A A
Low Barrier Navigation Center P P P P P
Passenger transportation terminal - - - - A
Public agencies facilities P P P P P See definitions
Recreational facility
Indoor - A P P P
Outdoor A A A P P
Temporary use P P P P P
Notes:

1. 1. Above first floor commercial only

2. 2. Hotel uses not permitted in Airport Overlay Zone 2. See Sec. 10-6.30.

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Sec. 10-1.803 Development Standards
Table 10-1.803, Development Standards-Commercial Districts, prescribes the development standards for Residential Districts.

TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard CO-R CN-R CN CG CB
Lot Requirements (See also Section 10-1.2720 for Special Lot Requirements and Exceptions) Minimum Lot Size (sf)
5,000
10,000
(20,000 in
SD6)
6,000 6,000 6,000
Minimum Lot Frontage (ft) 35 100 60 35 35
Minimum Average Lot Width (ft) 50 100 60 60 60
Maximum Lot Coverage (%) 50 90 90 90 90
Minimum Average Lot Depth (ft) 80 80 100 100 100
Minimum Yards (ft) (See also Section 10-1.2725 for Special Yard Requirements and Exceptions) Front Yard 10 10 10 10, unless the
building is
located at the
property line
10 Side Yard 5 0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 5 ft
0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 5 ft
0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 5 ft
5 Side Street Yard 10 10 10 10, unless
building is
located at the
property line
10 Rear Yard 10 10 0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 10 ft
0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 10 ft
10 Maximum Height (ft) (See also Section 10-1.2730 for Special Height Requirements and Exceptions) Building 40 40 40 50 40
Accessory Building 14, one story 14, one story 14, one story 14, one story 14, one story

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TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard CO-R CN-R CN CG CB
Fences/hedges/walls
Front and Side Street Yard 4 4 4 4 4
Side and Rear Yard (See also
Section 10-1.804.d.)
7 7 7 7 7

Sec. 10-1.804 Site Plan Review Required.

Site Plan Review , pursuant to Section 10 -1.3000, Site Plan Review, is required for the following development projects and uses unless the project otherwise requires Planning Commission approval:

1. Development of new primary structures.

2. Development of new accessory structures greater than 2,500 square feet in size.

3. Additions to a primary structure that increase the net floor area of that structure by at least 50 percent.

4. Any site modification affecting 5,000 square feet or 10 percent of the site area, whichever is greater.

Sec. 10-1.805 Minimum Design and Performance Standards for Commercial Buildings and Uses
For commercial buildings (including second story residential uses) refer to the design criteria contained in the Hillside Design and Urban/Wildland Interface Guidelines and the following specific criteria and standards.
a. Accessory Buildings, Detached. Detached accessory buildings, including but not limited to carports, garages, greenhouses, patio covers, sheds, etc., shall meet the following criteria:
(1) Shall not exceed one story or 14 feet in height.
(2) Shall use exterior building materials and colors which either match or are compatible with the primary building. Special design consideration should be given to structures visible from a public street.
(3) Shall not be located in a required front yard or side street yard. (4) Shall be setback a minimum of 5 feet from a side or rear property line . Use setback for primary building if less than 5 feet.
(5) Shall not be located in front of a primary building.. (6) Shall be setback a minimum of 10 feet from a primary building and any other accessory building.

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(7) The area of all accessory buildings, either individually or cumulatively shall not exceed 50 percent of the ground floor area of the primary building. b. Architectural Projections into Yards. Architectural features such as bay windows, cornices , canopies and awnings that are attached to the primary structure, and eaves may extend 2 feet into any required yard; open porches may extend 4 feet into a required rear yard. c. Decks and Ramps.
(1) Decks and ramps 12 inches or less in height may be located in any yard. (2) Decks and ramps between 12 to 30 inches in height may be located in any rear or side yard but no closer than three feet to the rear or side property line. (3) Decks 30 inches or more in height shall conform to the minimum yard setback requirements of the primary building and shall also count toward the lot coverage calculation for the site.
(4) Decks located in hillside areas shall conform to the Hillside Design and Urban/Wildland Interface Guidelines.
d. Fences, Hedges, Walls.
(1) Fence, hedges and walls shall not exceed a height of 4 feet in a required front yard, side street yard or rear yard abutting a street.
(2) A masonry wall not less than 6 feet in height, shall be required where any commercial district abuts any R, A, MH, OS, residential PD District, or other district where there is conforming residential development on the first floor (except adjacent to a req uired front or side street yard or abutting a street right -of-way). The masonry wall shall be constructed and maintained along the interior lot lines of such district abutted. (3) For fences limited to a maximum of 4 feet in height, the height limit shall not be exceeded at grade measured on either side of the fence. (4) Allowed Fencing Types. Allowable fence types include wrought iron, tubular steel, omega type steel, decorative metal panels with punched out designs, wood picket, brick, stone, etc. Chain link is only permitted within side and rear yard areas that do not front private driveways or public roadways. Barb, electric or razor wire or similar security fencing is prohibited, unless otherwise permitted by State law.

ATTACHMENT II
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(5) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls exceeding 3 feet shall not be permitted within the triangle of visibility.

(6) Retaining Walls.
(a) Retaining walls which are not a part of walls of buildings shall not exceed 6 feet in height as measured from finished grade elevation to top of wall. (b) A maximum of two successive, approximately parallel retaining walls is permitted when they are separated by a minimum horizontal distance of 6 feet as measured between centerline of the walls.
(c) Any additional successive walls shall require a minimum of 15 feet separation provided the required grading is in conformance with City standards and guidelines.
(d) The sides of exposed exterior retaining walls that are visible from the public right-of-way, private streets and driveways, and private and public common open space shall be architecturally treated with colored concrete, plaster, stone veneer, brick, tile, natural stone, cultured stone, the same material as the primary building or an acceptable alternative as approved by the Planning Director. Alternatively, the exposed exterior retaining wall may be screened by landscaping that blocks 50 percent of the visible wall area at maturity. (e) The Planning Director may administratively alter or waive any wall requirement, if there is evidence that no practical alternative exists, the purpose of the se regulations will not be compromised, and no detrimental impact will result. Applicant shall submit request to alter or waive requirement in writing along with any documentation showing that no practical alternative exists to the Planning Director.

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City of Hayward
e. Grading. All grading activity shall follow the grading and terrain design standards of the City of Hayward Subdivision Ordinance, Design Guidelines and Hillside Design and Urban/Wildland Interface Guidelines.
f. Landscaping.
(1) Landscape Areas.
(a) Required front, side, side street, and rear yard areas shall be landscaped except for permitted driveways, and walkways. All other areas not utilized for structures or paving shall be landscaped.
(b) Required landscaped areas shall be planted with water -conserving trees, shrubs, turf grass, ground cover, or a combination thereof. The sole use of bark, decorative paving, or decorative rock shall not be allowed in required landscape areas.
(c) Where any landscaped area adjoins driveways or parking areas, Class B Portland Cement concrete curbs shall be constructed to a height of 6 inches above the finished pavement.
(2) Buffer Trees/Landscaping.
(a) A minimum of one 15 -gallon buffer tree shall be planted for every 20 lineal feet of property line, where a required side or rear yard abuts an A, R, MH, OS, or residential PD District.
(b) Masonry walls, solid building walls, trash enclosures, and/or fences facing a street or driveway shall be buffered with continuous shrubs or vines. (3) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box or larger tree per 20 to 40 lineal feet of frontage or fraction thereof. (4) Landscaping Near BART.
(a) Parcels abutting, or within 500 feet and in direct view from the BART right -of- way shall include a minimum 10-foot-wide landscape strip along the property line(s) abutting or in view from the BART right-of-way. (b) A minimum of one 15 -gallon buffer tree shall be planted for every 20 lineal feet of property line.
(5) Irrigation. Within all required landscaped areas, an automatic water efficient irrigation system shall be installed upon initial construction of any building or substantial alteration to any building or site.
(6) Maintenance.
(a) After initial installation, all plantings shall be maintained in a reasonably weed- free and litter -free condition, including replacement where necessary as determined by the Planning Director.
(b) Required street, parking lot, and buffer trees shall not be severely pruned, topped, or pollarded (cut back to the trunk).
g. Roof-Mounted Equipment. Roof -mounted equipment, antennas, satellite dishes, support structures and similar devices shall be screened from public view.

ATTACHMENT II
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h. Surfacing. All open areas not landscaped shall be treated or paved with an all-weather, dustless material, such as an asphaltic surface, as approved by the Planning Director.

Surfacing shall be permanently maintained, including replacement where necessary. i. Trash and Recycling Facilities.
(1) Shall be adequately screened from view, utilizing a decorative wood or masonry wall or combination thereof compatible with the design of the primary building on the site. (2) Shall be located no further than 100 feet from the use it is designed to serve, unless the site topography is such that adhering to this standard would interfere with the collection of trash.

Sec. 10-1.806 Minimum Design and Performance Standards for Residential Buildings and Uses.

For residential uses, refer to the Development Standards in Sections 10-1.803 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208.

ATTACHMENT II
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Sec. 10-1.800 Commercial Districts
Sec. 10-1.801 Purpose
a. Residential Office District (RO). The purpose of the Residential -Office District is to protect the residential amenity of areas with a mix of residential and office use. The scale and form of office buildings, the scale and siting of office parking, office traffic generation, and hours of operation should not detract from adjacent or future residential use. b.a. Commercial Office -Residential District (CO-R). The CO -R District maintains a residential identitfy while containing a mix of resi dential and office uses. The scale, form, and activitfy of uses should not detract from adjacent residential uses. shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to provide for and protect administrative, professional, business and financial organizations which may have unusual requirements for space, light and air, and which are clean and quiet and which are not detrimental to the residential use of adjacent properties . c.b. Neighborhood Commercial -Residential District ( CN-R). The CN -R District includes a mixture of neighborhood serving businesses and residences along portions of certain arterials in order to provide housing with ready access to shops and transit. The CN -R District encourages joint development of lots along arterials in order to minimize curb cuts and maximize architectural continuity. The CN -R District adjusts parking and open space requirements to reflect the characteristics of mixed-use development along arterials. d.c. Commercial Neighborhood District (CN). The CN District includes a variety of neighborhood serving businesses in close proximity to residential in order to p rovide shall be subject to the following specific regulations in addition to the general regulations hereinafter contained, in order to make provision for a number of areas throughout the City carefully located in relationship to other Commercial Districts and to the Residential Districts served. The products and services intended are those primarily rep resented by convenience goods and services purchased frequently.
e.d. General Commercial District (CG). The CG District includes a wide variety of commerci al uses, including uses that would attract neighborhood, local, and regional au diencesshall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to provide services for the support of primary business activities in the CB District or CC Districts.
f. Limited Access Commercial District (CL). The CL District shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to accommodate uses typically serve the motoring public and are accessible from major arterials and freeways. Uses within the CL District are service -related, and serve the motoring public adjacent to highways of major importance.
g.e. Central Business District (CB). The CB District provides an alternate commercial hub outside of the Downtown area characterized by a mix of retail, restaurants, amusement and recreation uses. shall be subject to the following specific regulations in addition to the general regulations hereinafter contained in order to make provision for a principal downtown area

ATTACHMENT III
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City of Hayward
of regional importance, and several outlying areas of more than neighborhood importance, where concentrations of comparison shopping facilities, financial and business services, and amusement or recreation may be found in quantity.
h. Regional Commercial District (CR). The CR District is intended to provide for the sale of retail goods with a regional or sub -regional marketing base, pursuant to an adopted specific plan or design plan.

Sec. 10-1.802 Use Regulations—Commercial Districts
Table 10 -1.802, Land Use Regulations —Commercial Districts, sets the land use regulations for Commercial Districts 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 Section, other requirements of the Hayward Municipal 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. "-" designates uses that are not allowed.

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.

Section numbers in the right -hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substant ially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoor s.

TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Administrative and Professional
Offices
Office P P P P P Excluding check cashing

ATTACHMENT III
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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Accounting and financial offices P P P P P Excluding check cashing Architectural and engineering
offices P P P P P
Banks and financial institutions P P P P P
Cannabis testing laboratory A- - - A -
Check cashing store - C C C C
Chiropractic and acupuncture
offices P P P P P
Commercial cannabis delivery A- - - A -
Insurance and real estate offices P P P P P
Law offices P P P P P
Medical and dental offices P P P P P
Medical/dental laboratory A A A A
Pharmaceutical sales A
Payday loan facilities - C C C C
Travel and airline agency offices P P P P P
Automobile Related Uses
Automobile brokerage office - - - A - See definitions
Automobile Sales and Rental - - A P - Along Mission Blvd only Automobile dealership P
Dealership selling primarily new
vehicles, when all minimum design
standards are met and when located
along Mission Blvd between
Highland/Sycamore and 700 feet
south of Harder
Automobile parts store P P P
Automobile repair – minor - - C A A See Section 10-1.1045h for special requirements.

Automobile repair – major - - - A A See Section 10-1.1045h for special requirements.

ATTACHMENT III
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City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Automobile service station - - C A A See Section 10-1.1045h for special requirements.

Automobile storage facility - - - A - See Section 10-1.1045h for special requirements.

Car rental agency A
Car wash - - C A A See Section 10-1.1045h for special
requirements.

Drive-in establishments - - C A C See Section 10-1.1045h 2735.e for special requirements.

EV Charging Station A A A
Parking lot A A A A A See Section 10-1.1045h for special requirements.

Personal Services
Personal Services P P P P P
Barber or beauty shop P P P P P
Dance studio P P P P P
Dry cleaner/laundry P P P P P
Studio: Fitness, art, dance, music,
etc. P P P P P
Health club A P P
Martial arts studio P P P P P
Massage (When ancillary to an
established primary use such as a
beauty salon)
A A

Massage parlorestablishment - -C C C C Not located within an established beauty salon.

Music studio P P P P P
Nail salon P P P P P
Palm reading service P P P P P
Photography studio P P P P P

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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Physical fitness studio P P P P P
Suntan parlor A A A
Tailor/seamstress shop P P P P P
Tattoo parlor - CA CA P P
Residential Uses
Detached residential unit(s) A - - - - Subject to density limitations in the General Plan
Single-family dwelling A
Second single-family dwelling A
When one single-family dwelling
already exists on a lot, one
additional single-family dwelling
may be constructed provided the
minimum development standards
(lot size, setbacks, height, etc.) can
be met for each dwelling
Duplex/Triplex P P1 P1 P1 P1 Subject to density limitations in the General Plan
Multi-Unit Residential (4+ attached
units) P P! P!1 P!1 P!1 Subject to density limitations in the General Plan
Multiple-family dwelling P A C
Residential dwelling unit(s) P P P P Above first floor commercial uses only.

Residential development as
provided in Government Code
Sections 65852.24, 65913.4 and
65912.100, as amended from time
to time.

P P P P P
As provided in Government Code
Sections 65852.24, 65913.4 and
65912.100, as amended from time
to time.

Group home P2 6 or fewer residents, excluding staff.

See definitions
Small Unlicensed Group Home P - - - - See definitions.

Large Unlicensed Group Home C - - - - See definitions.

Small Licensed Group Home P - - - - See definitions.

ATTACHMENT III
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City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Medium Licensed Group Home A - - - - See definitions.

Large Licensed Group Home C - - - - See definitions.

Large group home
Single Room Occupancy - - - A A
Accessory dwelling unit(s) P P P P P
(Where primary use is residential.

See Section 10-1.2740 for criteria
and standards)
Boarding home A For seven or more persons. See
definitions
Convalescent home A A
Retail Commercial Uses
Retail - P P P P
Antique Store P P P P
Appliance Store P P P P
Art and art supplies store P P P P
Bakery P P P P
Bar, cocktail lounge, alcohol - C C C C
See General Regulations Section 10-

1.2750 et seq. for regulations of
alcohol
Brewery/winery/cidery A A A P
Bicycle shop P P P P
Bookstore P P P P
Camera store P P P P
Card shop P P P P
Carpet/drapery store P P P P
Clothing store P P P P
Coffee/espresso shop P P P P
Commercial cannabis retail
dispensary - - - C C See Section 10-1.3600.

ATTACHMENT III
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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Consignment store P P
Convenience market A A A See Section 10-1.2750 et seq. for regulations of alcohol.

Dance or night club - C C C C
See General Regulations Section 10-

2.2750 et seq. for regulations of
alcohol.

Distillery - - - A A
Delicatessen P P P P
Electronics store
Fabric store P P P P
Floral shop P P P P
Furniture store P P P P
Garden supplies store P P P
Gift shop P P P P
Hardware store P P P P
Jewelry store P P P P
Liquor store - C C C C
See General Regulations Section 10-

2.2750 et seq. for regulations of
alcohol.

Locksmith shop P P P P
Major retail anchor Minimum 100,000 square feet
required
Music store P P P P
Nursery (plant) P P P P P
Office supply, furniture and
business machine stores
Paint/wallpaper store P P P P
Pet store P P P P4
Plumbing and heating store P P P P

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City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Restaurant A- P/A5 P/A5 P/A5 P/A5
Sporting goods store P P P P
Stationary store P P P P
Supermarket P P P P
Theater (Small Motion Picture or
Live Performance Only) - P P P P
Theater, Large Motion Picture - C C C C See Section 10-1.1045 for special requirements.

Thrift store P P P
Toy store P P P P
Variety store P P P P
Video sales and rental store P P P P
Wine shop A
Service Commercial Uses
Appliance service and repair shop - - A P/AP AP Not ancillary to a primary use Copying, mailing, or reproduction
facility P- P P P P
Equipment rental - - - P/AP P
Hotel or motel - - - P/AP P2A/C7
Mailing or facsimile service P P P P P
Recycling collection area A- - A A A When located within a convenience zone.

Reverse vending machine(s) P P P P P When located within a convenience zone.

Sign shop A
Upholstery shop (furniture) P
Other Uses
Accessory buildings and uses P P P P P See Section 10.1.845 Animal hospital -A A A A A

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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Ambulance Service -A - A A A
Artisan/Craft Production C C P P P
Auction - - - A A
Banquet hall - -P P/C8 CP/A9 P/A/C1
0 Bed and breakfast inn
Broadcasting studio - - - P P
Carnival A A A
Catering facility - - P P/A11 P/A/C
Christmas tree or pumpkin patch
lot A P P P P See General Regulations Section 10-
2735c for standards.

Commercial amusement A
Cultural facility A AP AP P AP
Day care home P P P P P
State-licensed, less than 24-hour
care for children or adults, 14 or
fewer persons, excluding staff. See
definitions
Day care center A PP AP P P/A
State-licensed, less than 24-hour
care for children or adults, 15 or
more persons, excluding staff. See
definitions.

Educational facility AP/C12
A P/A13A P/A13A P/AP P/AA
Permitted by right if less than
10,000 square feet. Otherwise an
AUP is required.

Garage sales P P P P P
Four per year per dwelling. See
General Regulations Section 10-

1.2735.d.

Home occupation P P P P P See definitions
Home occupation – expanded A A A A A See definitions
Hospital - - - - A Hospital
Household pets P P P P P

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City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB
Kennel - - A A A
Low Barrier Navigation Center P P P P P
Outdoor gathering A A Refer to General Regulations Section 10-1.2735g
Passenger transportation terminal - - - - A
Pet grooming shop P/A P/A P/A P
Public agencies facilities P P P P P See definitions
Recreational facility
Indoor - A AP P AP
Outdoor A A A P P
Religious facility A A A A A
Temporary use AP AP PA P AP i.e., parking lot or tent sale Wind energy conversion system A
Notes:

1. 1. Above first floor commercial only

1. 2. Hotel uses not permitted in Airport Overlay Zone 2. See Sec. 10-6.30.

5. Permitted where not abutting a residential district or property and with no bar. Otherwise, an AUP is required.

6. Permitted if full service. Otherwise CUP.

8. Permitted where not abutting a residential district or property and where no alcohol is served. Otherwise CUP.

9. Permitted where not abutting a residential district or property and where no alcohol is served. Otherwise AUP.

10. Permitted where not abutting a residential district or property and where no alcohol is served. AUP if not abutting residential district with alcohol served. Otherwise CUP.

11. Permitted if not abutting a residential district or property. Otherwise AUP.

2. AUP if less than 2,000 square feet, designed to augment the learning process of elementary and secondary school students. Otherwise an CUP is required.

3. 13. Permitted by right if less than 2,000 square feet, designed to augment the learning process of elementary and secondary school students. Otherwise AUP.

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TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “ -” Use Not Allowed
Use
Districts
Additional Regulations

CO-R CN-R CN CG CB

Sec. 10-1.803 Development Standards
Table 10-1.803, Development Standards-Commercial Districts, prescribes the development standards for Residential Districts.

TABLE 10-1.803: DEVELOPMENT
STANDARDS – COMMERCIAL

DISTRICTS

Standard CO-R CN-R CN CG CB
Lot Requirements (See also Section 10-

1.2720 for Special Lot Requirements and
Exceptions)

Minimum Lot Size (sf)
5,000
10,000
(20,000 in
SD6)
6,000 6,000 6,000
Minimum Lot Area per Dwelling Unit Same as RM
or RH District,
whichever is
consistent
with the
General Plan
Map and
Neighborhood
Plan;
Townhouse
Lot shall be
consistent
with building
permit
footprint and
Lots with < 80
ft of frontage
and/or <
20,000 sf in
area shall
require a
minimum of
2,500 sf;
Lots with > 80
ft of frontage
and > 20,000
sf of frontage
shall be
allowed a
Same as RM
or RH District,
whichever is
consistent
with the
General Plan
Map and
Neighborhood
Plan
Same as RM
or RH District,
whichever is
consistent
with the
General Plan
Map and
Neighborhood
Plan
Same as RM
or RH District,
whichever is
consistent
with the
General Plan
Map and
Neighborhood
Plan

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City of Hayward
TABLE 10-1.803: DEVELOPMENT
STANDARDS – COMMERCIAL

DISTRICTS

Standard CO-R CN-R CN CG CB
printed
project areas
minimum of
1,743 sf
Minimum Lot Frontage (ft) 35 100 60 35 035
Minimum Average Lot Width (ft) 50 100 60 60 60
Maximum Lot Coverage (%) 50 90 90 90 90
Minimum Average Lot Depth (ft) 80 80 100 0100 0100
Minimum Yards (ft) (See also Section
10-1.2725 for Special Yard Requirements
and Exceptions)

Front Yard 10 10 10 10, unless the
building is
located at the
property line
10, unless
waived by the
Planning
Director or
approving
authority
Side Yard 5 0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 5 ft,
except where
entrances or
windows face
the side lot
line, 10 ft
0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 5 ft
0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 10 5
ft
5 Side Street Yard 10 10 10 10, unless
building is
located at the
property line
10, unless
waived by the
Planning
Director or
approving
authority
Rear Yard 2010 2010 0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
0, unless
abutting a R,
A, MH, OS, or
residential PD
District where
the side yard
shall be 10 ft0
010

ATTACHMENT III
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TABLE 10-1.803: DEVELOPMENT
STANDARDS – COMMERCIAL

DISTRICTS

Standard CO-R CN-R CN CG CB
the side yard
shall be 10 ft
if abutting CG
district,
otherwise the
same as the
required rear
yard of the
abutting
District
Maximum Height (ft) (See also Section
10-1.2730 for Special Height Requirements
and Exceptions)

Building 40 40 40 No Limit50 No Limit40
Accessory Building 14, one story 14, one story 14, one story 14, one story 14, one story Fences/hedges/walls
Front and Side Street Yard 4 4 4 4 4
Side and Rear Yard (See also
Section 10-1.804.xd.)
67 67 67 67 67

Sec. 10-1.804 Site Plan Review Required.

Site Plan Review approval is required before issuance of any building or construction permit or construction of a fence within this district only if the Planning Director determines that a project materially alters the appearance and character of the prope rty or area or may be incompatible with City policies, standards and guidelines. This may include fences (i.e., such as anodized gray chain link fences) in certain circumstances.

Site Plan Review , pursuant to Section 10 -1.3000, Site Plan Review, is required for the following development projects and uses unless the project otherwise requires Planning Commission approval:

1. Development of new primary structures.

2. Development of new accessory structures greater than 2,500 square feet in size.

3. Additions to a primary structure that increase the net floor area of that structure by at least 50 percent.

4. Any site modification affecting 5,000 square feet or 10 percent of the site area, whichever is greater.

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City of Hayward
Sec. 10-1.805 Minimum Design and Performance Standards for Commercial Buildings and Uses
The City recognizes that high -quality design of commercial structures can contribute to a positive appearance of commercial districts and neighborhoods and improve the overall character of the community. This Section establishes design and performance stan dards that shall apply to the construction of residential and commercial buildings and certain commercial uses in the CN District, including but not limited to cultural, educational, religious or recreational facilities. The development of CN-zoned properties in the South of Route 92 planning area is also subject to the provisions of the South of Route 92/Oliver and Weber Properties Specific Plan and the Development Guidelines for the South of Route 92 Oliver/Weber Properties.

The City recognizes that high -quality design of commercial structures can contribute to a positive appearance of neighborhoods and improve the overall character of the community. This Section establishes design and performance standards that shall apply to residential and commercial development allowed in the CG District, including but not limited to cultural, educational, religious or recreational facilities.

For commercial buildings (including second story residential uses) refer to the design criteria contained in the City of Hayward Design Guidelines, the Hillside Design and Urban/Wildland Interface Guidelines and the following specific criteria and standards. a. Accessory Buildings, Detached. Detached accessory buildings, including but not limited to carports, garages, greenhouses, patio covers, sheds, etc., shall meet the following criteria:
(1) Shall not exceed one story or 14 feet in height.
(2) Shall use exterior building materials and colors which either match or are compatible with the primary building. Special design consideration should be given to structures visible from a public street.
(3) Shall not be located in a required front yard or side street yard. (4) Shall be setback a minimum of 5 feet from a side or rear property line . Use setback for primary building if less than 5 feet.
(5) Shall not be located in front of a primary building., unless no other practical alternative exists.
(6) Shall be setback a minimum of 10 feet from a primary building and any other accessory building.
(7) The area of all accessory buildings, either individually or cumulatively shall not exceed 50 percent of the ground floor area of the primary building. b. Accessory Structures, Decorative. Detached decorative accessory structures used in conjunction with car washes and similar activities as determined by the Planning Director, including but not limited to arbors, trellises, shade covers, etc., shall meet the following criteria:
(1) Shall not exceed one story or 14 feet in height.

ATTACHMENT III
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(2) Shall use exterior materials and colors which either match or are compatible with the primary building . Canvas, plastic and similar materials shall not be used. Special design consideration should be given to structures visible from a public street. (3) Shall not be located in a required front yard or side street yard. c. Accessory Promotional Tents. Detached accessory promotional tents shall only be permitted in conjunction with the four promotional events permitted per year in the Sign Regulations. d. Additions and Accessory Structures Attached to Primary Building. Additions and accessory structures attached to the primary building shall meet all the development standards required of the primary building, including the City of Hayward Design Guidelines and Hillside Design and Urban/Wildland Interface Guidelines.
e. Adult Entertainment Activity. Refer to General Regulations Section 10 -1.2735.a. for Adult Entertainment Activity Regulations.
f. Alcoholic Beverage Outlets. Refer to General Regulations Section 10 -1.2750 et seq. for Alcoholic Beverage Outlet Regulations.
g. Antennas and Satellite Dishes and Telecommunications Devices. Refer to Chapter 10, Article 13 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devic es. h. Architectural Projections into Yards. Architectural features such as bay windows, cornices , canopies and awnings that are attached to the primary structure, and eaves may extend 2 feet into any required yard; landing places and open porches may extend 4 feet into a required rear yard.
b.
i. Automobile Dealerships (New, located on Mission Boulevard between 700 feet south of Harder Road and Highland/Sycamore.

Design and Performance Standards. Before occupancy all design and performance standards must be met to the satisfaction of Planning Director. The design of all structures shall be consistent with the City of Hayward Design Guidelines, the General Policies Plan, applicable neighborhood plan s, and special design districts.
(1) Parking shall be provided for employees and customers in accordance with the Off -Street Parking Regulations in addition to that provided for vehicle display. The employee/customer parking lot shall be clearly delineated from the auto display area. All parking and maneuvering areas shall be paved with Class B Portland Cement Concrete, or a minimum of 3-inch asphaltic concrete over a minimum of 6 inches aggregate base @ 95 percent compaction. This shall be accomplished to the satisfaction of the City Engineer prior to issuance of occupancy permits. (2) Signs shall be installed in accordance with the City of Hayward Sign Ordinance; all non - conforming signs shall be removed.
(3) A trash/recyclables enclosure shall be provided, which is attractive and consistent in the design of the primary structure. The space provided for the storage of recyclable should be the same size as that provided for trash. The City's Solid Waste Manager shall approve a recycling plan for the dealership.
(4) The site shall be adequately lighted for safety and security. Lighting fixtures shall be decorative and shall not shed light on adjacent residential areas.

ATTACHMENT III
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City of Hayward
(5) All vehicle run-off does not enter the storm drain. (6) A Caltrans permit is required for any work within Mission Boulevard right -of-way. (7) Landscaping and irrigation shall be installed in accordance with plans prepared by a licensed landscape architect and submitted for review and approval by the City. Landscaping and irrigation plans shall comply with the City's Water Efficient Landscape Or dinance. (a) A 6-inch high Class "B" Portland Cement concrete curb shall separate landscaped areas adjoining drives and/or parking areas.
(b) The parking area, excluding the auto display area, shall include one 15 -gallon tree for every 6 parking stalls. Parking lot trees shall be planted in tree wells or landscape medians located within the parking area. Parking rows shall be capped with a land scape median. All tree wells and medians shall be a minimum 6-inch wide measured inside the curbs. (c) Parking and loading areas shall be screened from both streets with shrubs of a type and spacing that will create a continuous 30-inch high hedge within two years. (d) Landscaping shall be maintained in a healthy, weed-free condition at all times. Plants shall be replaced when necessary. Trees that are severely topped or pruned shall be replaced immediately, as determined by the City Landscape Architect. (8) Any fencing shall be constructed of decorative tubular or wrought metal fencing, except where the dealership abuts a residential district, in which case an 8-foot-high masonry wall shall be installed.
(9) All other applicable City codes, including building, fire and community preservation codes, shall apply.
(10) All project features, including buildings, paving, signs landscaping, shall be well maintained. (11) Violation of these conditions is cause for revocation of the use after public hearing before the duly authorized review body.
(12) Any public address/telephone/employee communication system shall be maintained so as to not be audible outside the confines of the dealership property as determined by the Planning Director.
j.c. Decks and Ramps.
(1) Decks and ramps 12 inches or less in height may be located in any yard. (2) Decks and ramps between 12 to 30 inches in height may be located in any rear or side yard but no closer than three feet to the rear or side property line. (3) Decks 30 inches or more in height shall conform to the minimum yard setback requirements of the primary building and shall also count toward the lot coverage calculation for the site.
(4) Decks located in hillside areas shall conform to the Hillside Design and Urban/Wildland Interface Guidelines.
k. Drive-in Establishments - Special Standards and Conditions. (1) Location and Design Criteria. In addition to the minimum Commercial Development Standards, the following requirements shall apply:
(a) Use permit applications for drive -in establishments in addition to standard requirements shall include the following information: a map and brief description of similar uses within a one -mile radius of the site; number and

ATTACHMENT III
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location of similar uses, indicating the location of all uses under the same brand name or franchise.
(b) Drive-in uses shall not be located across a street from residential zoning districts, unless at least one street abutting the site is an arterial or major street and pedestrian safety measures are provided as determined necessary.

This provision does not apply to commercial off-street parking lots. (c) Access to drive-in uses shall not be located next to the access to schools, parks, playgrounds, libraries, churches and other public and semi -public uses if pedestrian safety hazards would result.
(d) Exterior storage and display of goods for sale or rent is not allowed. (e) All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zoning districts a planter at least 10 feet wide shall be installed parallel to the street right -of-way or precise plan line except where the use is a drive-in restaurant, then a 15-foot-wide landscaped setback is required.
(f) A minimum of 20 percent of the total site area shall be landscaped. (g) Except for driveways, corner lots shall have a landscaped triangular area formed by the street right -of-way lines and a line connecting them at points 30 feet from the rear or projected point of intersection of the street right -of- way line. (See Article 9, Hayward Traffic Code for visibility requirements.) (h) Fencing and Screening - Except for areas used for traffic circulation, or except where the drive -in functions as part of a larger development, for example, a shopping center where there is shared parking or access, a uniformly painted fence or masonry wall shall be maintained along all interior lot lines. Where any interior lot line abuts an R, A, MH, OS, or residential PD District, or a lot with residential uses, a masonry wall shall be constructed. The wall shall be at least 6 feet high but not exceed 8 f eet, except within the required yard area abutting a right -of-way or precise plan line, in which case it shall not exceed four feet in height at grade measured on either side of the fence. (i) Where a drive -through aisle is located between the right -of-way and the primary structure, low shrubs and/or berms shall be installed within the landscape setback for visual buffering.
(2) Requirements for Existing Drive -In Uses. An operator of an existing drive -in use who applies for a new use permit or modifications to an existing use permit shall conform to as many of the design and site plan standards for new uses as possible within the limits of the existing site layout and structural location. (3) Performance Standards for Drive-In Uses. Drive-in uses shall be operated in a manner which does not interfere with the normal use of adjoining properties. If in the opinion of the Planning Director the provisions of this paragraph are being violated, the violations shall be grounds for reopening use permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to, the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the Planning Commission:

ATTACHMENT III
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City of Hayward
(a) Noise levels measured at the property line shall not exceed the level of background noise normally found in the area or 65 decibels, whichever is greater. Loud speakers shall not be audible from residentially zoned and developed properties.
(b) The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. For drive -in restaurants or other uses which typically generate trash or litte r, adequate trash containers, as determined by the Planning Director, shall be required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property.
(c) Hours of operation, including deliveries to the site, shall be compatible with the needs and character of the surrounding neighborhood. For purposes of this section, the usual operating hours shall be considered to be between 6.30 a.m. and 11.00 p.m. on weekdays and 7:00 a.m. to 1:00 a.m. on weekends. (d) No undesirable odors shall be generated on the site. (e) The on -site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.
(f) A copy of these performance standards and all conditional use permit conditions of approval shall be posted along side the necessary business licenses and be visible at all times to employees.
(4) Automobile Service Stations - Additional Design Criteria. (a) The following operations are prohibited in conjunction with the operation of an automobile service station: auto body repair, major mechanical repair, and outside display of new or used vehicles or parts for sale. (b) Exterior display of goods for sale or rent is not permitted, except the following uses which are subject to design and location approval:
i. Vending machines.
ii. Oil display cabinets.
iii. Tire displays.
(c) Entry to lubrication bays and/or service areas shall be designed to minimize the impact on adjacent residential uses.
(d) Minimum facilities required:
i. Two restrooms open to the public, one for each sex;
ii. Equipment and storage area adequate to provide for operation and maintenance of station;
iii. Minimum of one air and water outlet and window washing equipment and towels.
(e) Minimum Site Requirements:

ATTACHMENT III
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i. Building site: 20,000 square feet.
ii. Frontage on one street: 140 feet. In the case of corner lots, frontage will be measured to the extension of the intersecting property lines iii. Setback for fuel pump islands: a distance equal to 15 percent of the depth of the lot, or 20 feet, whichever is less, measured from the street right-of-way or precise plan line.
(f) Automobile service stations engaged in the concurrent sale of fuel and alcoholic beverages shall be permitted only with approval of a Conditional Use Permit, and shall comply with the following standards:
i. There shall be no display of alcoholic beverages within five feet of the cash register unless in a permanently affixed cooler.
ii. Advertising of alcoholic beverages at motor vehicle fuel island is prohibited.
iii. There shall be no sale of alcoholic beverages from a drive-in window. iv. Alcoholic beverages shall not be displayed or sold from an ice tub. v. Advertising of liquor on motor fuel island is prohibited. vi. Self-illuminated advertising for liquor on buildings or windows is prohibited.
vii. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages. (5) Drive-Through Restaurants.
(a) Drive-in or drive-through restaurants shall be prohibited within ½ -mile radius of one another as measured from the building walls of existing or proposed buildings, unless all the following required findings are met:
i. The drive-in or drive -through restaurants are located within one -half mile from the Interstate 880 (Nimitz Freeway) or State Route 92 (Jackson Freeway) rights-of-way as measured by the existing roadway network;
ii. The location of the drive -in or drive-through restaurants will not have a substantial adverse effect on vehicular (including bicycle), pedestrian circulation and safety, or transit accessibility;
iii. The drive -in or drive -through restaurants will not conflict with City adopted goals and policies including, but not limited to, the General Plan and Bicycle Master Plan; and
iv. The site is suitable and adequate for the proposed use because the drive-in or drive-through restaurant lanes and service windows will be located at least seventy -five (75) feet away from residential uses and residentially zoned properties.
(b) For each drive-in restaurant a bicycle rack shall be installed with a capacity for at least five bicycles.

ATTACHMENT III
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City of Hayward
(c) Drive-through lanes installed in connection with drive-in restaurants shall have a capacity for at least eight vehicles, at 20 feet per vehicle, unless adequate access and circulation is provided to minimize spillover onto public property. (d) Pedestrian circulation areas located within drive -in restaurant developments with drive-up windows shall consist of decorative paving such as brick, paving stones, or Bomanite.

(e) Access to bathroom facilities located within drive -in restaurant developments shall be from within the structure, with no direct access from the parking area. (f) Roof lights, refrigeration units or other extraneous features which are not integral parts of the main structure, inflexible building prototypes which result in an ability to meet setback and compatibility requirements, and unattractive building elevations visible to customers or passersby are prohibited. (g) Identification signs for drive-in restaurants (excluding directional signs and the menu board) shall be limited to one monument sign not to exceed 10 feet in height and 36 square feet per face and two wall signs with letters not to exceed 18 inches in heig ht. Total area for wall signs may include logos not to exceed 24 inches in height.
(h) All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zoning districts a landscaped setback at least 15 feet wide shall be installed parallel to the street right(s) of way or precise plan line( s) and on interior property lines where drive -through aisles abut residential zoning districts.
(i) Minimum building site (lot area or lease area) shall be 25,000 square feet in area, unless adequate access and cross-parking is provided. (j) Drive-through aisles shall not be located between the building and the right - of-way and pick -up windows shall not face the right -of-way unless their visibility is minimized through the use of innovative building architecture and mounded or bermed landscapi ng to minimize their visual impact from the street. Menu board shall be placed so as to not be visible from the street. (k) Drive-through restaurants shall have an architectural theme that is unique for a given area as specified by City standards and policies or as determined by

ATTACHMENT III
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the Planning Director; franchise architecture shall be avoided where possible.

(6) Drive-Through Coffee/Espresso Shops
(a) Drive-through coffee/espresso shops shall be prohibited within ½ -mile radius of one another as measured from the building walls of existing or proposed buildings, unless all the following required findings are met:
i. The drive-through coffee/expresso shops located within one-half mile from the Interstate 880 (Nimitz Freeway) or State Route 92 (Jackson Freeway) rights-of-way as measured by the existing roadway network; ii. The location of the drive -through coffee/espresso shops will not have a substantial adverse effect on vehicular (including bicycle), pedestrian circulation and safety, or transit accessibility;
iii. The drive -through coffee/espresso shops will not conflict with City adopted goals and policies including, but not limited to, the General Plan and the Bicycle Master Plan; and
iv. The site is suitable and adequate for the proposed use because the drive-through coffee/espresso shop lanes and service windows will be located at least seventy -five (75) feet away from residential uses and residentially zoned properties.
(b) Drive-through coffee/espresso shop buildings shall not exceed 500 square feet in area.
(c) Drive-through lanes for drive-up windows shall have a capacity for at least two vehicles, at 20 feet per vehicle, unless adequate access and circulation is provided to minimize spillover onto public property.

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City of Hayward
(d) Drive-through lanes shall consist of decorative paving such as brick, paving stones, or Bomanite.
(e) Public bathroom facilities shall be provided inside the drive -through building, unless public bathroom facilities are located within 200 feet on the same property and are accessible during coffee shop business hours. (f) Roof lights, refrigeration units or other extraneous features which are not integral parts of the main structure, inflexible building prototypes which result in an ability to meet setback and compatibility requirements, and unattractive building elevations visible to customers or passersby are prohibited. (g) Identification signs for drive-through coffee/espresso shops shall comply with the Hayward Sign Ordinance and shall be limited to one monument sign not to exceed 6 feet in height and two wall signs with letters not to exceed 18 inches in height. Total area for wall signs may include logos not to exceed 24 inches in height.
(h) All required yard areas abutting streets and not used for vehicle maneuvering or parking shall be landscaped. In all zoning districts a landscaped setback at least 10 feet wide shall be installed parallel to the street right-of-way or precise plan line and on interior property lines where drive -through aisles abut residential zoning districts.
(i) Minimum building site (lot area or lease area) shall be sufficient to accommodate the building and required circulation, maneuvering and parking.
(j) Drive-through aisles and pick -up windows may be located between the building and the right-of-way, but their visibility should be minimized through the use of innovative building architecture and mounded or bermed landscaping to minimize their visual impac t from the street. Menu board(s) shall be placed so as to not be visible from the street. (k) Drive-through coffee/espresso shops shall have an architectural theme that is unique for a given area as specified by City standards and policies or as determined by the Planning Director; franchise architecture shall be avoided where possible.
l.d. Fences, Hedges, Walls.
(1) Fences are discouraged within front and side street yards of commercial establishments.
(2) Fences, hedges and walls shall require approval by Planning Director or other approving authority, as determined by the Planning Director. (3) Fences, with the exception of uses relating to auto/RV sales, fences are discouraged in front and side street yards.
(4)(1) Fence, hedges and walls shall not exceed a height of 4 feet in a required front yard, side street yard or rear yard abutting a street.

ATTACHMENT III
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(5)(2) A masonry wall not less than 6 feet in height, shall be required where any commercial district abuts any R, A, MH, OS, residential PD District, or other district where there is conforming residential development on the first floor (except adjacent to a req uired front or side street yard or abutting a street right -of-way). The masonry wall shall be constructed and maintained along the interior lot lines of such district abutted unless waived or another material is approved by the approving authority because the abutting activity or use is nonconforming, or the commercial activity or use is of low intensity and any impact can be otherwise mitigated.
(3) For fences limited to a maximum of 4 feet in height, the height limit shall not be exceeded at grade measured on either side of the fence. For fences and walls required to be at least 6 feet high or greater, the height shall be at least the required on both sides of the fence or wall;
(6)(4) barb Allowed Fencing Types. Allowable fence types include wrought iron, tubular steel, omega type steel, decorative metal panels with punched out designs, wood picket, brick, stone, etc. Chain link is only permitted within side and rear yard areas that do not front private driveways or public roadways. Barb, electric or razor wire or similar security fencing is prohibited, unless otherwise permitted by State law. (5) Where a lot is situated at the intersection of two or more streets, fences, hedges and walls exceeding 3 feet shall not be permitted within the triangle of visibility.

(6) Retaining Walls.
(a) Retaining walls which are not a part of walls of buildings shall not exceed 6 feet in height as measured from finished grade elevation to top of wall. (b) A maximum of two successive, approximately parallel retaining walls is permitted when they are separated by a minimum horizontal distance of 6 feet as measured between centerline of the walls.

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City of Hayward
(c) Any additional successive walls shall require a minimum of 15 feet separation provided the required grading is in conformance with City standards and guidelines.
(d) The sides of exposed exterior retaining walls that are visible from the public right-of-way, private streets and driveways, and private and public common open space shall be architecturally treated with colored concrete, plaster, stone veneer, brick, tile, natural stone, cultured stone, the same material as the primary building or an acceptable alternative as approved by the Planning Director. Alternatively, the exposed exterior retaining wall may be screened by landscaping that blocks 50 percent of the visible wall area at maturityThe sides of exposed exterior retaining walls shall be architecturally treated as approved by the Planning Director.
(e) The Planning Director may administratively alter or waive any wall requirement, if, in the Planning Director's opinion, there is evidence that no practical alternative exists, the purpose of the se regulations will not be compromised, and no detrimental impact will result. Applicant shall submit request to alter or waive requirement in writing along with any documentation showing that no practical alternative exists to the Planning Director.

Where a lot is situated at the intersection of two or more streets, fences, hedges and walls shall not be erected, placed, planted, or allowed to grow in such a manner as to obstruct intersection visibility, as contained in Ordinance No. 100 C.S., as amend ed, Hayward Traffic Code, Sections 9.01 through 9.05, relating to Obstructions to Visibility at Intersections Prohibited, as the same are now in effect or which may hereafter be amended or replaced.
m.e. Grading. All grading activity shall follow the grading and terrain design standards of the City of Hayward Subdivision Ordinance, Design Guidelines and Hillside Design and Urban/Wildland Interface Guidelines.
n.f. Landscaping.
(1) Landscape Areas.
(a) Required front, side, side street, and rear yard areas shall be landscaped except for permitted driveways, and walkways. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the Planning Director or other approving authority because of site constraints, existing or adjacent site conditions, or phased development. (b) Parking is prohibited within required front and side street yards. Where no front or side street yards are required:
i. A landscape strip at least 10 feet wide, unless a wider strip is otherwise required by the approving authority, shall be installed between accessory parking areas and all existing or future street rights -of-way; and
ii. The area between all buildings and existing or future street rights -of- way shall be landscaped unless waived by the approving authority.

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(c)(b) Required landscaped areas shall be planted with water -conserving trees, shrubs, turf grass, ground cover, or a combination thereof. The sole use of bark, decorative paving, or decorative rock shall not be allowed in required landscape areas.
(d)(c) Where any landscaped area adjoins driveways or parking areas, Class B Portland Cement concrete curbs shall be constructed to a height of 6 inches above the finished pavement.
(2) Buffer Trees/Landscaping.
(a) A minimum of one 15 -gallon buffer tree shall be planted for every 20 lineal feet of property line, where a required side or rear yard abuts an A, R, MH, OS, or residential PD District.
(b) Masonry walls, solid building walls, trash enclosures, and/or fences facing a street or driveway shall be buffered with continuous shrubs or vines. (3) Parking Lot Trees/Planters.
(a) Parking areas shall include a minimum of one 15 -gallon parking lot tree for every six parking stalls, except where restricted because of design constraints. (b) Parking lot trees shall be planted in tree wells or landscape medians located within the parking area, unless an alternative location is approved by the Planning Director. Required street and buffer trees shall not qualify as parking lot trees.
(c) The minimum dimension of any tree well or landscape median shall be 5 feet, measured from back of curb.
(d) The end of parking rows shall be capped with landscape medians, except where space is restricted because of existing site conditions. (e) Parking and loading areas shall be buffered from the street with shrubs, walls, or earth berms, as determined by the Planning Director. Where shrubs are used for buffering, the type and spacing of shrubs shall create a continuous 30-inch-high screen within 2 years.
(4)(3) Street Trees. Street trees shall be planted along all street frontages at a minimum of one 24-inch box or larger tree per 20 to 40 lineal feet of frontage or fraction thereof , except where space is restricted due to existing structures or site conditions . (5)(4) Landscaping Near BART.
(a) Parcels abutting, or within 500 feet and in direct view from the BART right -of- way shall include a minimum 10-foot-wide landscape strip along the property line(s) abutting or in view from the BART right-of-way. (b) A minimum of one 15 -gallon buffer tree shall be planted for every 20 lineal feet of property line. The approving authority may waive the requirement if it would not accomplish the intent of City policies as they relate to landscaping due to existing structures or other obstructions to viewing landscaping.

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(6)(5) Irrigation. Within all required landscaped areas, an automatic water efficient irrigation system shall be installed upon initial construction of any building or substantial alteration to any building or site.
(7) Tree Preservation.
(a) Trees shall be preserved in accordance with the Tree Preservation Ordinance with measures included for tree protection during the construction period. (b) A tree removal permit is required prior to removing any tree 30 inches or larger in trunk circumference (or approximately 10 inches or larger in trunk diameter), measured two feet above the ground.
(8)(6) Maintenance.
(a) After initial installation, all plantings shall be maintained in a reasonably weed- free and litter -free condition, including replacement where necessary as determined by the Planning Director.
(b) Required street, parking lot, and buffer trees shall not be severely pruned, topped, or pollarded (cut back to the trunk).
o. Lighting, Exterior. Exterior lighting and parking lot lighting shall be provided in accordance with the Security Standards Ordinance (No. 90-26 C.S.) and be designed by a qualified lighting designer and erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights -of-way. Such lighting shall also be designed such that it is decorative and in keeping with the design of the development. p. Mixed-Use Development. Mixed -use development shall be subject to the following requirements:
(1) Shall provide separate entrances, isolation of noise and smell generating activities, and other compatibility features shall be addressed.
(2) Special attention shall be given to architectural and landscape continuity, vehicular access and attractive pedestrian orientation. Where at all possible, parking in front of the building shall be avoided.
(3) A minimum of 150 square feet of usable open space per residential dwelling unit shall be provided.
(4) Studio apartments shall be required to have only one covered off-street parking place per dwelling unit.
q. Outdoor Storage. All uses shall be conducted wholly within enclosed buildings. Minor open storage is a secondary use and is permitted, provided the materials, products, or equipment stored are necessary to the operation of a use being conducted on the site; storage is not placed within required yard or parking areas, and the storage is compatible with adjoining uses, as determined by the Planning Director (for example, adequately screened, set back or not too high, and not visually unpleasant as with outside storage of appliances in conjunction with appliance sales/service).
r. Parking, Driveways and Paving. Parking, driveways and paving for commercial uses shall be provided in accordance with the City of Hayward Off -Street Parking Regulations, Standard Details, and the following criteria:

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(1) Parking Spaces Required. Refer to the specific parking space requirements contained in the Off-Street Parking Regulations.
(2) Parking Space Dimensions.
(a) Standard car parking spaces shall be a minimum of 9 feet wide by 19 feet long. (b) Compact car parking spaces shall be a minimum of 9 feet wide by 15 feet long. (c) Covered or uncovered parking spaces located adjacent to walls or support columns shall be increased in width by at least one foot on the effected side(s), to accommodate door swing.
(d) Covered parking spaces shall provide a minimum unobstructed vertical clearance of 7 feet. Parking space areas shall be unobstructed by stairs, cabinets, utilities, etc.
(3) In the CR District, on-site parking shall be provided at 1 space p er 200 square feet ; compact spaces shall comprise no more than 30 percent of the total spaces. (4) Parking Space Locations.
(a) Parking spaces shall not be located within the required front yard or side street yard setback.
(b) Parking spaces and driveways, not located under a building may be located in a required side and rear yard, but shall not be located within 5 feet of any side or rear yard property line or building. Unless wheel-stops are used, curbing for standard car or compact car parking spaces shall be setback 7 feet 6 inches and 7 feet, respectively, from a property line or building if a vehicular overhang is used.
(c) For lots less than 51 feet in width, parking and vehicular circulation may be located to within three feet of a side property line.
(5) Driveways and Paving.
(a) The minimum driveway width shall be 20 feet for a two -way driveway and 12 feet for a one-way driveway.
(b) In no case should a driveway exceed one -third of the width of the property frontage width or 35 feet.
(c) Parking and driveway surfaces shall be paved with asphaltic surface or comparable all -weather dustless material(s), such as bricks or pavers, as approved by Planning Director.
(6) Driveway Aisle Dimensions. The minimum parking lot driveway aisle width shall be 26 feet for a two-way standard car aisle and 20 feet for a compact car aisle, or as allowed per the City's Off-Street Parking Regulations.
(7) Driveway Turnaround Requirement. All commercial property shall provide a sufficient paved driveway turnaround to allow vehicles to exit property in a forward direction. (8) Driveway Security Gates. Refer to Chapter 10, Article 14 of the Hayward Municipal Code.

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(9) Emergency Vehicle Turn -Around Requirement. Where the farthest point of a structure(s) is located 150 feet or more from the point of street access, a turn -around area shall be provided which will accommodate the turning around of fire protection vehicles, unless otherwise approved by the Fire Prevention Bureau. (For further details or alternative design considerations contact the Fire Prevention Bureau.) s. Retaining Walls.
(1) Retaining walls which are not a part of walls of buildings shall not exceed 6 feet in height as measured from finished grade elevation to top of wall. (2) A maximum of two successive, approximately parallel retaining walls is permitted when they are separated by a minimum horizontal distance of 6 feet as measured between centerline of the walls.
(3) Any additional successive walls shall require a minimum of 15 feet separation provided the required grading is in conformance with City standards and guidelines. (4) The sides of exposed exterior retaining walls shall be architecturally treated as approved by the Planning Director.
(5) The Planning Director may administratively alter or waive any wall requirement, if, in the Planning Director's opinion, no practical alternative exists, the purpose of the regulation will not be compromised, and no detrimental impact will result. t.g. Roof-Mounted Equipment. Roof -mounted equipment, antennas, satellite dishes, support structures and similar devices shall be screened from public view as required by the Planning Director or other approval authority.
u. Signs. Signs shall be of a design in harmony with the environment, shall not constitute excessive visual impact, shall not be hazardous to vehicular traffic, and shall be of a quality conducive to the development of commerce. (See the Sign Ordinance for specific regulations.) v.h. Surfacing. All open areas not landscaped shall be treated or paved with an all-weather, dustless material, such as an asphaltic surface, as approved by the Planning Director.

Surfacing shall be permanently maintained, including replacement where necessary. w.i. Trash and Recycling Facilities.
(1) STrash and recycling facilities s hall be adequately screened from view, utilizing a decorative wood or masonry wall or combination thereof compatible with the design of the primary building on the site.
(2) Shall be located no further than 100 feet from the use it is designed to serve, unless the site topography is such that adhering to this standard would interfere with the collection of trash.
x. Window Coverage. Transparent windows and doors of buildings occupied by businesses engaging in retail sales, all or a portion of which are within 5 vertical feet of the floor and which are visible from public rights -of-way or pedestrian walkways or are oth erwise visible by the general public from the exterior, shall remain free of coverings and materials that prevent views into or out of the stores. Retail goods intended or sale, or goods being stored, or other coverings or materials shall be located no clo ser than 5 feet from a transparent window or door, unless they are located beneath or above a window and are not visible from public right-

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of-way or pedestrian walkways or are otherwise visible by the general public. This section shall not apply to signs or retail goods that are presented within or adjacent to a window and that are a part of a decorative window display, as determined by the Planning Director. y. Large Motion Picture Theaters. Large Motion Picture Theaters shall demonstrate the ability to provide on -site parking at the ratio of one (1) parking space for every four seats and to maintain or improve the existing Level of Service at all affected inters ections. In addition, a study acceptable to the Planning Director documenting the absence of negative impact upon the downtown of the opening of another Large Motion Picture Theater must accompany the application.
z. South of Route 92 Area. The development of CR zoned properties in the South of Route 92 planning area are also subject to the provisions of the South of Route 92/Oliver & Weber Properties Specific Plan and the Development Guidelines for the South of Route 92 Oliver/Weber properties.

Sec. 10-1.806 Minimum Design and Performance Standards for Residential Buildings and Uses.

For residential uses, refer to the Development Standards in Sections 10-1.803 and the Minimum Design and Performance Standards contained in the Residential Districts, Sections 10-1.204 to 10-1.208.

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Created: 2025-08-05 08:53:26 [EST]
(Supp. No. 25, Update 1)