Agenda packet — Hayward City Council, April 21, 2026 (part 3 of 6)

include food truck courts, pop-up markets, small carnivals/circuses, and City sponsored events.

• Major Conditional Use Permit. In response to City Council’s request to review data center projects for final approval, staff proposed a new category of use permit called Major Conditional Use Permit (MCUP). Currently, the highest level of use permit, a Conditional Use Permit, only requires Planning Commission to approve or deny a project; however, the City Council has identified several land use types where they would like to be the final decision makers. As proposed, land uses which require a MCUP would go to Planning Commission for a recommendation to the City Council with the final decision ultimately made by City Council. In addition to data centers, cannabis dispensaries and gas stations are also proposed to go through the newly created MCUP process, given Council’s previous direction to be the final decision makers for those uses.
12 The proposed deposit for a MCUP is $15,000, which is billed hourly for time and materials.

Master Fee Schedule Updates: As referenced in the above, the new Permit types will require amendments to the Master Fee Schedule, as shown in Attachment III. For the permits with flat fees, the fees were calculated based on the assumed number of hours of staff review that would be required, based on Planning staff’s updated hourly rate of $249. The MCUP initial deposit, which is billed on a time and materials basis, is consistent with the initial deposits required for Council level decisions beginning in Fiscal Year 2027.

Rezonings. In an effort to simplify the Zoning Map and eliminate some of the minor nuances between the City’s eight base commercial zoning districts, staff is proposing consolidating two of the smallest commercial districts into larger districts which have substantially similar zoning regulations and development patterns but allow more uses. Specifically, staff is recommending the Limited Access Commercial (CL) and Regional Commercial (CR) districts be rezoned to the General Commercial (CG) district. These rezonings will impact a total of 18 properties in the city. Through these rezoning efforts, no significant changes will impact the allowed uses or the development potential of each property.

As previously mentioned, s taff was recommending 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; however, in response to public feedback a few property owners reached out with questions and concerns. Staff held two separate community meetings with RO property owners to address these concerns and have come away from these discussions with a new recommendation. Instead of combining the RO and CO zoning districts into a new zoning district, staff is now recommending that these two zoning districts be kept separate to help preserve the residential feel and unique identity of the RO zoning district. To make the RO zoning district more business friendly, property owners felt comfortable allowing office uses by right instead of requiring an AUP or CUP, which is the case now.

12 City Council Resolution 21-006: https://portal.laserfiche.com/Portal/DocView.aspx?id=375661&repo=r-b6d2994c 308

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ENVIRONMENTAL REVIEW

On July 1, 2014, the City Council adopted Resolution No. 14-108, approving the Hayward 2040 General Plan Update and related Program Environmental Impact Report (EIR). In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary pursuant to the conditions described in Section 15162. Under Section 15162, a subsequent EIR need not be prepared unless the lead agency determines one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

a. The project will have one or more significant effects not discussed in the previous EIR;

b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;

c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed Municipal Code a mendments and rezonings are entirely consistent with the Hayward 2040 General Plan. Thus, no new or unanticipated levels of development are expected as a result of the proposed project that were not previously identified in the General Plan and General Plan EIR. No new or unanticipated traffic, employment density, or construction impacts are expected to be generated as a result of adoption of these regulations. Therefore, the proposed project substantially conforms to the Goals, Policies, and Land Use Diagram set forth 309

Page 11 of 11 ends

in the Hayward 2040 General Plan and were adequately analyzed in the related Program EIR.

As such, no further environmental review is necessary.

STRATEGIC ROADMAP

Strategic Roadmap. The Hayward Strategic Roadmap13 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. • Project EP6: Provide a report on ordinances that may have adverse impacts on businesses.14

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

If adopted, the revised ordinances will go into effect 30 days after adoption. The property rezonings will become effective immediately.

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

13 Hayward Strategic Roadmap: https://www.hayward-ca.gov/your-government/documents/hayward-strategic-roadmap 14 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= 310

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-____

Introduced by Council Member _________

RESOLUTION TO ADOPT ZONING MAP AND TEXT AMENDMENT S TO
CHAPTER 10 , ARTICLE 1 (ZONING ORDINANCE ), ARTICLE 2 ( OFF-STREET PARKING REGULATIONS) , ARTICLE 24 (MISSION BOULEVARD CODE), AND ARTICLE 28 (DOWNTOWN DEVELOPMENT CODE) AND CHAPTER 6,
ARTICLE 2 (MISCELLANEOUS BUSINESSES) OF THE HAYWARD MUNICIPAL

CODE RELATED TO THE BUSINESS FRIENDLY HAYWARD PROJECT

WHEREAS, on July 2, 2019, the City Council adopted Resolution No. 19-075, adopting the Downtown Hayward Specific Plan, which contains implementation programs LU 2, LU 4, ED 2, and ED 6 to streamline the entitlement process and update zoning regulations to allow temporary uses that increase small -scale business opportunities, modernize land use regulations for a variety of commercial activities, and allow small- scale crafts production in the Downtown area; and

WHEREAS, on June 4, 2024, the City Council adopted Resolution No. 24-115, adopting the City of Hayward Strategic Roadmap (Fiscal Year 2024 – Fiscal Year 2025), which contains Projects EP5 and EP6 to provide reports on how midsized cities revitalize their downtowns and on ordinances that may have adverse impacts on businesses, under the subcategory Grow the Economy; and

WHEREAS, between February 2025 and March 2026, a consultant team of Rincon and Metrovation along with city staff prepared a Summary of Best Practices Report, Analysis of Hayward Codes and Practices Report, and Downtown Commercial Analysis, and conducted extensive community outreach including an online survey for businesses and community members, tabling at summer street parties, hosting a series of in- person and virtual focus groups with various stakeholders, coordination with the Downtown Hayward Improvement Association and Chamber of Commerce, posting articles and information in the City’s e-newsletter and on its social media channels ; and maintaining a detailed project website; and

WHEREAS, on February 2, 2025 the Council Economic Development Committee held a kick-off work session on the Business Friendly Hayward Project; and

WHEREAS, on August 28, 202 5 and September 23, 2025, the Planning Commission and Council, respectively, held public Work Sessions on the Summary of Best Practices Report, Analysis of Hayward Codes and Practices Report, Downtown Commercial Analysis, and Outreach Summary completed for the Business Friendly Hayward Project; and

311

ATTACHMENT II

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WHEREAS, on January 22, 2026 and January 27, 2026, the Planning Commission and Council, respectively, held public Work Sessions on the Draft Amendments completed for the Business Friendly Hayward Project; and

WHEREAS, on April 9, 202 6, the Planning Commission considered the proposed Zoning Map and Text Amendments and voted (6-0) recommending that the City Council approve the proposed Amendments; and

WHEREAS, notice of the hearing was published in the manner required by law and the hearing was duly held by the City Council on April 21, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:

CALIFORNIA ENVIRONMENTAL QUALITY ACT

In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Under Section 15162, a subsequent EIR need not be prepared unless the lead agency determines one or more of the following:

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more 312

ATTACHMENT II

Page 3 of 6 ends

significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project is entirely consistent with the Hayward 2040 General Plan. Thus, no new or unanticipated levels of development are expected as a result of the proposed project that were not previously identified in the General Plan and General Plan EIR, and no new or unanticipated traffic, employment density, or construction impacts are expected to be generated as a result of adoption of these regulations. Therefore, the proposed project substantially conforms to the Goals and Policies set forth in the Hayward 2040 General Plan and were adequately analyzed in the related Program EIR. As such, no further environmental review is necessary.

FINDINGS FOR ZONING MAP AND TEXT AMENDMENT S TO THE HAYWARD MUNICIPAL CODE

Pursuant to HMC Section 10 -1.3425, the decision -making body shall make the following findings prior to recommending approval or approving zoning text and zoning map amendments:

1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward; The proposed Zoning Map and Text Amendments will promote the public health, safety, convenience and general welfare of the residents, business owners, and patrons of Hayward by supporting new businesses and activities aligned with community interests and priorities and general market demands. The Amendments will further enliven commercial areas, including Downtown, the Mission Boulevard corridor, and various commercial hubs throughout the city, allowing residents to increasingly meet their retail, entertainment, recreational, and service needs in Hayward, rather than having to travel to nearby communities.

2. The proposed change is in conformance with the purposes of this Ordinance and all applicable, officially adopted policies and plans;
The proposed Zoning Map and Text Amendments are consistent with the goals and policies set forth in the Hayward 2040 General Plan in that the updated regulations are designed to protect and enhance commercial activity in the city. The proposed Zoning 313

ATTACHMENT II

Page 4 of 6 ends

Map Amendments establish updated use, development, and permitting regulations for commercial and mixed -use zoning districts in alignment with the Hayward 2040 General Plan, the Downtown Specific Plan, and the Hayward Strategic Roadmap.

Specifically, the proposed Amendments are consistent with the following goals and policies set forth in the Hayward 2040 General Plan:
• Policy LU-1.6: Encourage the integration of a variety of compatible land uses into new and established neighborhoods to provide residents with convenient access to goods, services, parks and recreation, and other community amenities.
• Policy LU-2.1: Encourage private-sector investment in Downtown to transform it into a safe, vibrant, and prosperous arts and entertainment district that offers enhanced shopping, dining, recreational, and cultural experiences and events for residents, families, college students, and visitors. • Policy LU-2.2: Maintain the Downtown as a center for shopping and commerce, social and cultural activities, and political and civic functions. • Policy LU -2.12: Encourage the redevelopment of the Mission Boulevard corridor to create an attractive mixed -use boulevard with a variety of commercial functions and residential densities that support walking and transit.
• Policy LU-2.16: Encourage the development of uses and amenities to attract creative-class professionals and businesses to Hayward, including restaurants and cafes; art studios and galleries; entertainment and cultural venues; housing and live-work units; exercise and physical fitness facilities; office space and business incubators; and community-operated workspaces where people with common interests can meet, collaborate, and develop their business ideas and products (e.g. hacklabs, hackerspaces, or makerspaces). • Policy LU-2.17: Encourage the establishment of youth and family entertainment uses within the Downtown and/or the Mission Boulevard Corridor.

Appropriate uses include ice skating, climbing walls, bowling alleys, trampoline gyms, indoor miniature golf, arcades, billiards, climbing and play structures, water play or “spray parks”, and family-friendly dining. • Policy LU -3.1: Promote efforts to make neighborhoods more complete by encouraging the development of a mix of complementary uses and amenities that meet the daily needs of residents. Such uses and amenities may include 314

ATTACHMENT II

Page 5 of 6 ends

parks, community centers, religious institutions, daycare centers, libraries, schools, community gardens, and neighborhood commercial and mixed -use developments.
• Policy LU -5.1: Encourage a mix of retail, service, dining, recreation, entertainment, and cultural uses and activities in regional and community centers to meet a range of neighborhood and citywide needs. • Policy LU -5.2: Maintain flexible land use regulations that allow the establishment of economically productive uses in regional and community centers.
• Policy ED-1.3: Encourage commercial and industrial development by ensuring the availability of suitable sites for development and providing appropriate zoning.
• Policy ED -1.11: Encourage the establishment and expansion of commercial businesses that increase local spending within Hayward and provide needed goods and services to local residents and businesses.
• Policy ED -2.8: Encourage the formation and operation of home -based businesses that are compatible with the surrounding neighborhood. • Goal ED -6: Achieve recognition as the most desirable and business -friendly place to locate and conduct business in the East Bay.
• Policy ED-6.2: Strive to enhance land use certainty for businesses by identifying and removing unnecessary regulatory barriers that discourage private-sector investment.

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when property is reclassified; and
The proposed Zoning Map and Text Amendments make small changes to the allowable uses in the city’s commercial and mixed -use zoning districts. The proposed uses are consistent with land uses envisioned in the Hayward 2040 General Plan and analyzed in the related Program Environmental Impact Report. While the city’s commercial and mixed-use areas are generally built out and have adequate streets and public facilities to serve the areas, each new project would be evaluated on a case- by-case for environmental impacts and would be required to install or upgrade utilities, upgrade roadways or install frontage improvements as standard conditions of approval to ensure that the future development or land use is adequately served. 315

ATTACHMENT II

Page 6 of 6 ends

4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.

The proposed Zoning Map and Text Amendments include allowable uses and development standards to ensure that future commercial uses and development are compatible with existing development. This includes allowing a wider variety of uses that have been identified as desirable by the community (including recreational facilities, community centers, bee r and wine sales, live entertainment, and events) through simpler permitting processes. The proposed Amendments would achieve a beneficial effect by promoting diverse, mixed -use commercial hubs and clusters throughout Hayward, enhancing economic activity and community amenities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the findings in support of Zoning Map and Text Amendments related to the Business Friendly Hayward Project, subject to the adoption of the companion Ordinance.

BE IT RESOLVED that this resolution shall become effective on the date that the companion Ordinance (Ordinance No. 26-___) becomes effective.

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
316

ATTACHMENT III

HAYWARD CITY COUNCIL

RESOLUTION NO. 26-_____

Introduced by Council Member _____________

RESOLUTION AMENDING THE CITY OF HAYWARD 2026 -2027 FISCAL YEAR

MASTER FEE SCHEDULE FOR ACCESSORY COMMERCIAL UNIT, MINOR

TEMPORARY USE, LIMITED ENTERTAINMENT, AND MAJOR CONDITIONAL USE PERMITS ASSOCIATED WITH AMENDMENTS TO CHAPTER 10, ARTICLES 1, 2, 24, AND 28 AND CHAPTER 6, ARTICLE 2 OF THE HAYWARD MUNICIPAL

CODE RELATED TO THE BUSINESS-FRIENDLY HAYWARD PROJECT

WHEREAS, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 1 5162 calling for preparation of a subsequent EIR have occurred. Under Section 15162, a subsequent EIR need not be prepared unless the lead agency determines one or more of the following:

Page 2 of 4 ends

WHEREAS, the City Council finds and determines that this action is exempt from CEQA based on the foregoing provisions;

WHEREAS, in November 2010, California voters approved Proposition 26, which amended Article XIII C of the State constitution regarding the adoption of fees and taxes.

Proposition 26 seeks to assure that taxes, which must be approved by the voters, are not disguised as fees, which can be approved by legislative bodies, such as a city council. The proposed amendment to the Master Fee Schedule (MFS) is compliant and would allow for the processing and administration of four new permit types for Accessory Commercial Units, Minor Temporary Use s, Limited Entertainment Activities, and Major Conditional Use Permits, consistent with the appropriate findings and conditions established by the Business Friendly Hayward Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby amends the Fiscal Year 2025- 2026 Master Fee Schedule to include new permit fees associated with Accessory Commercial, Minor Temporary Use, Limited Entertainment, and Major Conditional Use Permits, as reflected in attached Exhibit “A”.

BE IT FURTHER RESOLVED that this resolution shall become effective on the date that the companion Ordinance (Ordinance No. 26-___) becomes effective.

318

Page 3 of 4 ends

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

319

Page 4 of 4 ends

Exhibit A

DEVELOPMENT SERVICES DEPARTMENT

C. PLANNING

Major Conditional Use Permit $ 15,000 Time &
Material Initial
Deposit

Zoning Conformance Permit

• Accessory Commercial Unit

Limited Entertainment Permit

Minor Temporary Use Permit

$
$
$
$

392
498
960
249

747

320

ATTACHMENT IV
ORDINANCE NO. 26- _

AN ORDINANCE AMENDING THE ZONING MAP AND CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE ), ARTICLE 2 ( OFF-STREET PARKING
REGULATIONS), ARTICLE 24 (MISSION BOULEVARD CODE) AND ARTICLE 28 (DOWNTOWN DEVELOPMENT CODE) OF THE HAYWARD MUNICIPAL

CODE ASSOCIATED WITH THE BUSINESS FRIENDLY HAYWARD PROJECT

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1 . Provisions. The City Council incorporates by reference the finding s contained in Resolution 26-XX approving the Zoning Map in Exhibit L and Zoning Text Amendments to the Hayward Municipal Code as detailed in Exhibits A, B, C, D, E, F, G, H, I, J, and K.

Section 2. The Zoning Map is hereby amended to rezone 18 properties from Limited Access Commercial (CL) and Regional Commercial (CR) districts to General Commercial (CG) district as illustrated in Exhibit L, introduced herewith and as specifically shown in this Ordinance.

Section 3. Chapter 10, Planning, Zoning, and Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to add certain text (as indicated by underline or the word “Clean” in the exhibit title) and delete certain provisions (as indicated by strikethrough) in the attached Exhibits A through K, related to the following: elimination of Hayward Municipal Code Sections 10 -1.600: Residential Office District, 10-1.800:

Neighborhood Commercial District, 10 -1.900: Neighborhood Commercial -Residential District, 10-1.1000: General Commercial District, 10-1.1100: Commercial Office District, 10-

1.1200: Limited Access Commercial District, 10 -1.1300: Central Business District, and 10 -

1.1400: Regional Commercial District and replacement of th ose existing Sections with Section 10-1.800: Commercial Districts and miscellaneous revisions to Chapter 10 Article 1: Zoning Ordinance, Article 2: Off -Street Parking Regulations, Article 24: Mission Boulevard Code and Article 28: Downtown Development Code, introduced herewith and as specifically shown in this Ordinance.

Section 4. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.

321

Page 2 ends

Section 4. Effective Date. In accordance with the provisions of Section 620 of the City Charter, the Ordinance shall become effective 30 days after the second reading on the Ordinance.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 21st day of April 2026, by _________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the ____ day of _____, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: _______________________________________
Mayor of the City of Hayward

ATTEST: _____________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

322

ATTACHMENT IV, EXHIBIT A
Sec. 10-1.100 General Provisions
SEC. 10-1.125 ESTABLISHMENT OF ZONING DISTRICTS.

Zoning districts are designated as follows:

RESIDENTIAL
RL Low Density Residential District
RNP Residential Natural Preservation District
RM Medium Density Residential District
RH High Density Residential District
RO Residential—Office District
MH Mobile Home Park District

COMMERCIAL
CN Neighborhood Commercial District
CN-R Neighborhood Commercial—Residential District
CG General Commercial District
CO Commercial Office District
CB Central Business District
SMU Sustainable Mixed Use District

DOWNTOWN/CENTRAL CITY
CC-C Central City—Commercial District
CC-P Central City—Plaza District
CC-R Central City—Residential District
NE Neighborhood Edge District
NG Neighborhood General District
UN Urban Neighborhood District
UNL Urban Neighborhood Limited District
DM Downtown Main Street District
UC Urban Center

MISSION BOULEVARD
MB-NN Mission Boulevard Neighborhood Node District
MB-CC Mission Boulevard Corridor Center District
MB-CN Mission Boulevard Corridor Neighborhood
District
MB-CS Mission Boulevard Civic Space District

INDUSTRIAL
IL Light Industrial District
IG General Industrial District
IP Industrial Park District

AIR TERMINAL
AT-AC Air Terminal—Aviation Commercial District
AT-C Air Terminal—Commercial District
323
City of Hayward
AT-IP Air Terminal—Industrial Park District
AT-O Air Terminal—Operations District
AT-R Air Terminal—Recreational District
AT-RM Air Terminal —Medium Density Residential
District

OPEN SPACE
A Agricultural District
FP Flood Plain District
OS Open Space District

PUBLIC FACILITIES
PF Public Facilities District

SPECIAL DISTRICTS
B Special Lot Standards Combining Districts
PD Planned Development District
SD-1 "B" Street Special Design Streetcar District
SD-3 Cottage Special Design District
SD-4 Cannery Area Special Design District
SD-5 Mission Garin Area Special Design District
SD-7 Hayward Foothill Trail Special Design District

(Amended by Ordinance 24-01, adopted 1-23-2024)
Sec. 10-1.600 Residential-Office District (RO)
(Section 10-1.600 was replaced by Ordinance 26-XX , adopted April 21, 2026.) Sec. 10-1.700 Commercial Districts
Sec. 10-1.701 Purpose
a. Residential Office District (RO). The Residential-Office District includes a mix of residential and office uses while maintaining a residential identity. The scale and form of office uses shall not detract from adjacent residential use.
b. Commercial Office District (CO). The CO District includes a mix of residential and office uses.

The scale, form, and activity of uses shall not detract from adjacent residential uses. c. Neighborhood Commercial -Residential District ( CN-R). The CN -R District includes a mixture of neighborhood serving businesses and residences along portions of certain arterials to provide housing with ready access to shops and transit. d. Commercial Neighborhood District (CN). The CN District includes a variety of neighborhood serving businesses in close proximity to residential to provide convenience goods and services purchased frequently.
324

ATTACHMENT IV, EXHIBIT A
e. General Commercial District ( CG). The CG District includes a wide variety of commercial uses, including uses that attract neighborhood, local, and regional audiences. f. Central Business District (CB). The CB District provides an alternate commercial hub outside of the Downtown area characterized by a mix of retail, restaurant, and recreation uses.

Sec. 10-1.702 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. “M” designates uses that are permitted after review and approval of a Major 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 indoors.

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

RO CO CN-R CN CG CB
Administrative and Professional Offices
Office P P P P P P
Cannabis testing
laboratory - A - - A -
325
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Check cashing store - C C C C C
Commercial cannabis
delivery - A - - A -
Financial institutions - P P P P P
Payday loan facilities - C C C C C
Automobile Related Uses
Automobile brokerage
office - - - - A - See definitions
Automobile Sales and
Rental - - - A P -
Only allowed when located
along Mission Blvd between
Highland/Sycamore and
700 feet south of Harder
Automobile repair – minor - - - C A A
Automobile repair – major - - - - A A
Automobile service station - - - M M M
Automobile storage facility - - - - A -
Car wash - - - C A A
Drive-in establishments -- - - C A C See Section 10-1.2735.f for special requirements.

EV charging station - A A A A A
Does not include ancillary
EV charging that is
secondary to another
primary use.

Parking lot - A A A A A
Personal Services
Personal Services - P P P P P
Massage establishment - C C C C C
Tattoo - - A A P P
Residential Uses
Detached residential
unit(s) P A - - - -
Subject to density
limitations in the General
Plan
326

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

RO CO CN-R CN CG CB
Duplex/Triplex P P P/A1 P2 P2 P/C3
Subject to density
limitations in the General
Plan
Multi-Unit Residential (4+
attached units) P P P/A1 P2 P2 P/C3
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

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

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

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

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

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

Single Room Occupancy - - - - A A
Accessory dwelling unit(s) P 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 C
See General Regulations
Section 10-1.2750 et seq.
for regulations of alcohol
Brewery/winery/cidery - - A A A P
327
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Commercial cannabis
retail dispensary - - - - M M See Section 10-1.3600 for additional standards.

Dance or night club - - C C C C
See General Regulations
Section 10-1.2750 et seq.
for regulations of alcohol.

Distillery - - - - A A
Liquor store - - C C C C
See General Regulations
Section 10-1.2750 et seq.
for regulations of alcohol.

Nursery (plant) - - P P P P
Restaurant - A P P P P
Theater (Small Motion
Picture or Live
Performance Only)
- - P P P P

Theater, Large Motion
Picture - - C C C C
Tobacco Retail
Establishment - - - - C - See Section 10-1.2780 for
additional standards.

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 P
Equipment rental - - - - P P
Hotel or motel C4 - - - P P5
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 -
Other Uses
Ambulance service - A - A A A
328

RO CO CN-R CN CG CB
Animal hospital - A A A A A
Artisan/craft production - C C P P P
Auction - - - - A A
Banquet hall - - - C C C
Broadcasting studio - - - - P P
Catering facility - - - P P P
Cultural facility A A A A P P
Day care home P 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 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 A P/A6 P/A6 P/A6 P/A6 P/A6
Emergency Shelter - P - P P -
Limited to parcels abutting
Mission and Foothill Blvds.

See Section 10-1.2736(a)
for additional standards.

Home occupation P P P P P P See definitions
Home occupation –
expanded A A A A A A See definitions
Hospital - C - - - A
Kennel - - - A A A
Low Barrier Navigation
Center - P P P P P
Passenger transportation
terminal - - - - - A
Public agency facilities P P P P P P See definitions
Recreational Facilities
329
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Indoor A A A P P P
Outdoor - - A A P P
Religious facility A A A A P P
Temporary Use, Minor - P P P P P
Temporary use - A A A A A See Section 10-1.2700 for
additional standards.

Warehouse - - - - C -
Wholesale establishment - - - - C -

1. Permitted by right if above first floor commercial. Otherwise an AUP is required.

2. Above first floor commercial only.

3. Permitted by right if above first floor commercial. Otherwise a CUP is required.

4. Bed and breakfast only.

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

6. Permitted by right if less than 10,000 square feet. Otherwise an AUP is required.

Sec. 10-1.703 Development Standards
Table 10-1.803, Development Standards-Commercial Districts, prescribes the development standards for Commercial Districts.

TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard RO CO 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 5,000 10,000 6,000 6,000 6,000 Minimum Lot Frontage (ft) 35 35 100 60 35 35
Minimum Average Lot Width (ft) 50 50 100 60 60 60
Maximum Lot Coverage (%) 50 50 90 90 90 90
Minimum Average Lot Depth (ft) 100 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 10, unless
the building
is located at
10 330

ATTACHMENT IV, EXHIBIT A
TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard RO CO CN-R CN CG CB
the property
line
Side Yard 5 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
5 Side Street Yard 10 10 10 10 10, unless
building is
located at
the property
line
10 Rear Yard 20 10 10 0, unless
abutting a R,

A, MH, OS,
or
residential
PD District
where the
rear yard
shall be 10
ft.
0, unless
abutting a R,

A, MH, OS,
or
residential
PD District
where the
rear yard
shall be 10
ft.

Maximum Height (ft) (See also Section 10-1.2730 for Special Height Requirements and Exceptions.) Building 40 40 40 40 50 50
Accessory Building 14, one
story
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 4
Side and Rear Yard 7 7 7 7 7 7

Sec. 10-1.704 Site Plan Review Required.

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

1. Development of new primary structures.
331
City of Hayward

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

3. Additions, or partial demolitions with reconstruction, to a primary structure that increases 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. 10-1.705 Minimum Design and Performance Standards for Commercial Buildings and Uses
For commercial buildings, including mixed use buildings where 50 percent or more of the gross square footage is devoted to commercial 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. Canvas, plastic, and similar materials shall not be used.

Special design consideration shall 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 the yard requirement for the 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.
(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 stairways and 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.
332

ATTACHMENT IV, EXHIBIT A
d. Fences, Hedges, Walls.
(1) 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 abutting a street right- of-way). The masonry wall shall be constructed and maintained along the interior lot lines of such district abutted.
(2)
(3) 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. B arb, electric, or razor wire or similar security fencing is prohibited, unless otherwise permitted by State law. (4) 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.

(5) 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 the centerlines 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 333
City of Hayward
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.

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.
(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) The landscape buffer shall include one 15-gallon buffer tree planted for every 20 lineal feet of property line. The tree shall be evergreen and create a continuos tree canopy at maturity as defined by the Sunset Western Garden Book.
334

ATTACHMENT IV, EXHIBIT A
(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. 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.
(3) Shall comply with the City’s Standard Design Requirements for Collection & Storage of Trash, Recyclables and Organics, available on the City’s website, as amended from time to time.

Sec. 10-1.706 Minimum Design and Performance Standards for Residential Buildings and Uses.

For residential uses, including mixed use buildings where over 50 percent of the square footage is devoted to 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.

Sec. 10-1.800 Neighborhood Commercial District (CN)
(Section 10-1.800 was replaced by Ordinance 26-XX , adopted April 21, 2026.) 335
City of Hayward
Sec. 10-1.900 Neighborhood Commercial-Residential District (CN-R)
(Section 10-1.900 was replaced by Ordinance 26-XX , adopted April 21, 2026.) Sec. 10-1.1000 General Commercial District (CG)
(Section 10-1.1000 was replaced by Ordinance 26-XX , adopted April 21, 2026.) Sec. 10-1.1100 Commercial Office District (CO)
(Section 10-1.1100 was replaced by Ordinance 26-XX , adopted April 21, 2026.) Sec. 10-1.1200 Limited Access Commercial District (CL)
(Section 10-1.1200 was replaced by Ordinance 26-XX , adopted April 21, 2026.) Sec. 10-1.1300 Central Business District (CB)
(Section 10-1.1300 was replaced by Ordinance 26-XX , adopted April 21, 2026.) Sec. 10-1.1400 Regional Commercial District (CR)
(Section 10-1.1400 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

336
Sec. 10-1.100 General Provisions
SEC. 10-1.125 ESTABLISHMENT OF ZONING DISTRICTS.

Zoning districts are designated as follows:

COMMERCIAL
CN Neighborhood Commercial District
CN-R Neighborhood Commercial—Residential District
CG General Commercial District
CO Commercial Office District
CL Limited Access Commercial District
CB Central Business District
CR Regional Commercial District
SMU Sustainable Mixed Use District

INDUSTRIAL
IL Light Industrial District
IG General Industrial District
IP Industrial Park District

AIR TERMINAL
Attachment IV, Exhibit B
337
City of Hayward
AT-AC Air Terminal—Aviation Commercial District
AT-C Air Terminal—Commercial District
AT-IP Air Terminal—Industrial Park District
AT-O Air Terminal—Operations District
AT-R Air Terminal—Recreational District
AT-RM Air Terminal —Medium Density Residential
District

OPEN SPACE
A Agricultural District
FP Flood Plain District
OS Open Space District

PUBLIC FACILITIES
PF Public Facilities District

(Amended by Ordinance 24-01, adopted 1-23-2024)

Sec. 10-1.200 Residential-Office District (RO)
(Section 10-1.600 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

Sec. 10-1.800 Commercial Districts
Sec. 10-1.801 Purpose
a. Residential Office District (RO). The purpose of the Residential-Office District includesis to protect the residential amenityidentity of areas with a mix of residential and office uses while maintaining a residential identity . The scale and form of office buildings, the scale and siting of office parking, office traffic generation, and hours of operationuses shouldshall not detract from adjacent or future residential use.
338
b. Commercial Office District (CO). The CO District includes a mix of residential and office uses.

The scale, form, and activitfy of uses shall 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 f or space, light and air, and which are clean and quiet and which are not detrimental to the residential use of adjacent properties.
c. 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. 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 represented by convenience goods and services purchased frequently.
e. 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.f. Central Business District (CB). The CB District provides an alternate commercial hub outside of the Downtown area characterized by a mix of retail, restaurants, 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 of regional importance, and several outlying areas of more than neighborhood import ance, where concentrations of comparison shopping facilities, financial an d 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.
339
City of Hayward
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. “M” designates uses that are permitted after review and approval of a Major Conditional Use Permit. "-" designates uses that are not allowed.

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.

RO CO CN-R CN CG CB
Administrative and Professional Offices
Office P P P P P P
Cannabis testing
laboratory - A - - A -
Check cashing store - C C C C C
Chiropractic and
acupuncture offices A/C P P P P P
Commercial cannabis
delivery - A - - A -
340
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Financial institutions - P P P P P
Insurance and real estate
offices A/C P P P P P
Law offices A/C P P P P P
Medical and dental offices A/C P P P P P
Medical/dental laboratory - A A A A -
Pharmaceutical sales - A - - - -
Payday loan facilities - C C C C C
Travel and airline agency
offices A/C P P P P P
Automobile Related Uses
Automobile brokerage
office - - - - A - See definitions
Automobile Sales and
Rental - - - A P -
Only allowed when located
along Mission Blvd between
Highland/Sycamore and
700 feet south of Harder
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.

Automobile service station - - - CM AM MA See Section 10-1.1045h for special requirements.

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

Car rental agency - - - A - -
341
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
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.f for special
requirements.

EV charging station - A A A A A
Does not include ancillary
EV charging that is
secondary to another
primary use.

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 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
Physical fitness studio - P P P P P
Suntan parlor - - - A A A
342
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Tailor/seamstress shop - P P P P P
Tattoo parlor - - CA CA CP -P
Residential Uses
Detached residential
unit(s) P A - - - -
Subject to density
limitations in the General
Plan
Single-family dwelling P A - - - -
Second single-family
dwelling P 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 P P/A1 P2 P2 P/C3
Subject to density
limitations in the General
Plan
Multi-Unit Residential (4+
attached units) P P P/A1 P2 P2 P/C3
Subject to density
limitations in the General
Plan
Multiple-family dwelling P 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

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

Large Unlicensed Group
Home C C - - - - See definitions.
343
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Small Licensed Group
Home P P - - - - See definitions.

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

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

Single Room Occupancy - - - - A A
Accessory dwelling unit(s) P 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
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 C
See General Regulations
Section 10-1.2750 et seq.
for regulations of alcohol
Brewery/winery/cidery - - A A A/C 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 - - - - CM CM See Section 10-1.3600 for additional standards.

Consignment store - - - P P
344
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
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 10-1.2750 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 10-1.2750 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
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
Restaurant - A P/A P/A P/A P/A
345
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
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
Tobacco Retail
Establishment - - - - C - See Section 10-1.2780 for
additional standards.

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/A AP Not ancillary to a primary
use.

Copying, mailing, or
reproduction facility - P P P P P
Equipment rental - - - - P/A -P
Hotel or motel C4 - - - P/A P5A/C
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 -
346
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Other Uses
Accessory buildings and
uses P P P P P P See Section 10.1.845
Ambulance service - A - A A A
Animal hospital - A A A A -A
Artisan/craft production - C C P P P
Auction - - - - A A
Banquet hall - - -P P/C CP/A P/A/C
Broadcasting studio - - - - P P
Carnival - - - A A A
Catering facility - - - P P/A 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
Convalescent Facility A A - - - -
Cultural facility A A A A AP AP
Day care home P 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 A P PA PA P/A
State-licensed, less than 24-
hour care for children or
adults, 15 or more persons,
excluding staff. See
definitions.

Educational facility A A/CP/A6 P/A6 P/A6 P/A6 P/A6
Emergency Shelter - P - P P -
Limited to parcels abutting
Mission and Foothill Blvds.

See Section 10-1.2736(a)
for additional standards.
347
City of Hayward
TABLE 10-1.802: Use Regulations Commercial Districts
“P” Permitted Use; “A” Administrative Use Permit Required; “C” Conditional Use Permit Required; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB
Garage sales P 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 P See definitions
Home occupation –
expanded A A A -A -A A See definitions
Hospital - C - - - A
Household pets P P P P P P
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 agency facilities P P P P P P See definitions
Recreational Facilities
Indoor A - A A AP AP AP
Outdoor A- - A A AP P
Religious facility A A A A PA PA
Temporary Use, Minor - P P P P P
Temporary use - A A A A A
i.e., parking lot or tent sale
See Section 10-1.2700 for
additional standards.

Warehouse - - - - C -
Wholesale establishment - - - - C -
Wind energy conversion
system - A - - - -

1. Permitted by right if above first floor commercial. Otherwise an AUP is required.

2. Above first floor commercial only.

3. Permitted by right if above first floor commercial. Otherwise a CUP is required.

4. Bed and breakfast only.
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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; “M” Major Conditional Use Permit Allowed; “-“ Use Not Allowed
Use
Districts
Additional Regulations

RO CO CN-R CN CG CB

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

4.6. Permitted by right if less than 10,000 square feet. Otherwise an AUP is required.

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

TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard RO CO 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 5,000
10,000
(20,000 in
SD6)
6,000 06,000 06,000
Minimum Lot Area per Dwelling
Unit
Same as
permitted in
RM or RH
Districts,
whichever is
consistent
with the
General
Policies Plan
and
Neighborho
od Plan.

Same as RM
or RH
District,
whichever is
consistent
with the
General Plan
Map and
Neighborho
od Plan;
Townhouse
Lot shall be
consistent
with
building
permit
footprint
and printed
project
areas
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
minimum of
1,743 sf
Same as RM
or RH
District,
whichever is
consistent
with the
General Plan
Map and
Neighborho
od Plan
Same as RM
or RH
District,
whichever is
consistent
with the
General Plan
Map and
Neighborho
od Plan
Same as RM
or RH
District,
whichever is
consistent
with the
General Plan
Map and
Neighborho
od Plan
Minimum Lot Frontage (ft) 35 35 100 60 35 035
Minimum Average Lot Width (ft) 50 50 100 60 060 060
Maximum Lot Coverage (%) 50 50 90 90 90 90
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City of Hayward
TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard RO CO CN-R CN CG CB
Minimum Average Lot Depth (ft) 100 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 10, unless
the building
is located at
the property
line
10, unless
waived by
the Planning
Director or
approving
authority
Side Yard 5 5, or for
residential
properties
10 percent
of the lot
width at the
front
setback line,
whichever is
greater up
to a
maximum of
10 ft
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 or 10
percent of
lot width up
to 10 feet
unless
waived by
the Planning
Director or
approving
authority
Side Street Yard 10 10 10 10 10, unless
building is
located at
the property
line
10, unless
waived by
the Planning
Director or
approving
authority
Rear Yard 20 2010 2010 0, unless
abutting a R,

A, MH, OS,
or
residential
PD District
where the
rear yard
shall be 10
ft. Shall be
the same as
the abutting
District;
where
0, unless
abutting a R,

A, MH, OS,
or
residential
PD District
where the
rear yard
shall be 10
ft.0 if
abutting CG
district,
otherwise
the same as
0, unless
abutting a R,

A, MH, OS,
or
residential
PD District
where the
rear yard
shall be 10
ft.
350
TABLE 10-1.803: DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS Standard RO CO CN-R CN CG CB
abutting any

R,A, MH, OS,
or
residential
PD district,
the side
yard shall be
10 ft.
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 40 No Limit50 No Limit50
Accessory Building 14, one
story
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 4
Side and Rear Yard 67 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, or partial demolitions with reconstruction, to a primary structure that increases 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
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 351
City of Hayward
community. This Section establishes design and performance standards 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 mixed use buildings where 50 percent or more of the gross square footage is devoted to commercial uses, 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. Canvas, plastic, and similar materials shall not be used.

Special design consideration shouldshall 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 the yard requirement for the 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.
(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. 352
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 open stairways 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 plans, 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. (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. 353
City of Hayward
(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 landscape 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 location of similar uses, indicat ing 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 354
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:
(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.
355
City of Hayward
(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:
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 356
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.
(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. 357
City of Hayward
(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 358
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.
359
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) 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.
360
(5)(1) 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 required 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.
(2) 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)(3) 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. B arb, electric, or razor wire or similar security fencing is prohibited, unless otherwise permitted by State law. (4) 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.

(5) 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 the centerlines 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 these 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. 362
(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 ofThe landscape buffer shall include one 15 -gallon buffer tree shall be planted for every 20 lineal feet of property line. The tree shall be evergreen and create a continuos tree canopy at maturity as defined by the Sunset Western Garden Book. The approving authority may waive the requirement if it would not accomplish the intent of City policies as they relate 363
City of Hayward
to landscaping due to existing structures or other obstructions to viewing landscaping.
(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).
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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:
(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. 365
City of Hayward
(8) Driveway Security Gates. Refer to Chapter 10, Article 14 of the Hayward Municipal Code.
(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.
(2)(3) Shall comply with the City’s Standard Design Requirements for Collection & Storage of Trash, Recyclables and Organics, available on the City’s website, as amended from time to time.
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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 closer 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- 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 intersections. 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.

1.204 to 10-1.208.

Sec. 10-1.800 Neighborhood Commercial District (CN)
(Section 10-1.800 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

Sec. 10-1.900 Neighborhood Commercial-Residential District (CN-R)
(Section 10-1.900 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

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City of Hayward
Sec. 10-1.1000 General Commercial District (CG)
(Section 10-1.1000 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

Sec. 10-1.1100 Commercial Office District (CO)
(Section 10-1.1100 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

Sec. 10-1.1200 Limited Access Commercial District (CL)
(Section 10-1.1200 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

Sec. 10-1.1300 Central Business District (CB)
(Section 10-1.1300 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

Sec. 10-1.1400 Regional Commercial District (CR)
(Section 10-1.1400 was replaced by Ordinance 26-XX , adopted April 21, 2026.)

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SEC. 10-1.1603 USE REGULATIONS—INDUSTRIAL SUBDISTRICTS.

Table 10-1.1603, Land Use Regulations—Industrial Subdistricts, sets the land use regulations for Industrial Subdistricts 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. “M” designates uses that are permitted after review and approval of a Major Conditional Use Permit. "-" designates uses that are not allowed.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections A through E 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 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 indoor.

Table 10-1.1603: Use Regulations—Industrial Subdistricts "P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; “M” Major Conditional Use Permit Required "-" Use Not Allowed
(unless prohibited or subject to a higher level of permit pursuant to other parts of this Section or other applicable regulations) Use Subdistrict Additional Regulations

IL IP IG
Residential Uses
Caretakers Quarters A A A Limited to one dwelling per parcel unit no greater than 1,200 square
feet in size for a caretaker or
security employee necessary and
incidental to the primary use on-
site.

Single Room Occupancy A* A* A* Only permitted if conversion of existing hotel. See Section 10-

1.2736(e) for criteria and
standards.

Administrative and Professional Offices/Services
Architectural Service, Drafting
Service, Engineering Service
P P P
Banks P P P
Financial Institutions P P P
Medical/Dental Laboratory P P P
Office P P P
Attachment IV, Exhibit C
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Automobile Related Uses
Automobile Brokerage Office P P P See definition. Maximum of two vehicles on site.

Automobile Dismantling Facility - - C
Automobile Parts Store P P P
Automobile Rental - - A
Automobile Repair, Major - - P
Automobile Repair, Minor A P P
Automobile Sales - - -
Automobile Service Station - - AM See Section 10-1.10452735(f), Minimum Design and Performance
Standards, for special requirements
Automobile Storage Facility - - A
Automobile Storage Yard - - C
Automobile Towing Yard - - C
Automobile Wholesale P P P See definition. No vehicles permitted on-site.

Car Wash A A A If applicable, see Section 10-

1.10452735(f), Minimum Design
and Performance Standards, for
special requirements
Drive-In Establishments A A A See Section 10-1.10452735(f), Minimum Design and Performance
Standards, for special requirements
EV Charging Station P P P
Recreational Vehicle Storage
Facility
- - C
Industrial Uses
Brewery A P P See Section 10-1.2750 et seq. for
Alcoholic Beverage Outlet
Regulations
Cannabis See below
Commercial Cannabis Cultivation
(up to 5,000 square feet)
A A A See Section 10-1.3600, Cannabis
Commercial Cannabis Cultivation
(5,001 square feet or Greater)
C C C See Section 10-1.3600, Cannabis
Commercial Cannabis Delivery A A A See Section 10-1.3600, Cannabis Commercial Cannabis Retail
Dispensary
C - - See Section 10-1.3600, Cannabis
Commercial Cannabis
Distribution
A A A See Section 10-1.3600, Cannabis
Commercial Cannabis
Manufacturing Level 1, (Up to
5,000 square feet)
A A A See Section 10-1.3600, Cannabis
Commercial Cannabis
Manufacturing, Level 1, (5,001
square feet or greater)
C C C See Section 10-1.3600, Cannabis
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Commercial Cannabis
Manufacturing, Level 2
C - - See Section 10-1.3600, Cannabis
Commercial Cannabis
Microbusiness
C C C See Section 10-1.3600, Cannabis
Commercial Testing Laboratory P P P See Section 10-1.3600, Cannabis Contractor Services P P P
Storage Yard - - C
Data Center – Less than 50 MW - C C Energy generating capacity is less than 50 megawatts. See Section
10-1.2735(e) for additional
submittal requirements.

Data Center – 50 MW or larger - M M Energy generating capacity is equal to or greater than 50 megawatts.

See Section 10-1.2735(e) for
additional submittal requirements.

Distillery A A A See Section 10-1.2750 et seq. for
Alcoholic Beverage Outlet
Regulations
Industrial Equipment Sales, Rental
& Service
- - P
Manufacturing See below
Custom Manufacturing P P P
General Manufacturing - P P
Light Manufacturing P P P
Micro-Brewery C C C See Section 10-1.2750 et seq. for Alcoholic Beverage Outlet
Regulations
Passenger Transportation Terminal A A A
Railroad Yard - - C
Recycling Facilities See below
Small Recycling Collection
Facilities
See Section 10-1.2735(jm), Small Recycling Collection Facilities and Unattended Collection Boxes
Large Recycling Collection
Facilities
- - A
Recycling Processing Facilities - - C
Renewable Electric Power
Generation, Transmission, and
Distribution

C A A
Research and Development P P P
Truck Terminal - - C
Warehouse and Distribution
Facility, less than 150,000 square
feet of floor area

P P P
Warehouse and Distribution
Facility, 150,000 square feet or
more of floor area

C C C
Waste Treatment Facility - - C
Waste Transfer/Handling Facility - - A
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Wholesale Establishment, less than
150,000 square feet of floor area

P P P
Wholesale Establishment, 150,000
square feet or more of floor area

C C C
Wind Energy Conversion System A A A
Personal Services
Barber, Beauty Shop P P P
Dry Cleaner/Laundry P P P
Shoe Repair Shop P P P
Tailor/Seamstress Shop P P P
Tattoo Parlor A - -
Retail Commercial Uses
Appliance Store P - -
Bar, Cocktail Lounge C C C See Section 10-1.2750 et seq. for Alcoholic Beverage Outlet
Regulations
Building Materials (Sales) - - P
Carpet/Drapery Store P - -
Convenience Market P P P
Furniture Store P - -
Nursery (Plants) P - -
Restaurant P P P
Retail P P Sale of goods
produced on
site: P;
otherwise: C

Service Commercial Uses
Appliance Repair Shop P P P
Contractor Services P P P
Copying or Reproduction Facility P P P
Equipment Rental Service P P P
Hotel P P A
Mailing or Facsimile Service P P P
Motel P P A
Upholstery Shop P P P
Other Uses
Animal Hospital P - -
Broadcasting Studio P P P
Catering Facility P P P
Christmas Tree and Pumpkin Patch
Lots
P P P See Section 10-1.2735(n).c,
Christmas Tree and Pumpkin Patch
Lot RegulationsTemporary Use
Permit, Minor.

Commercial Amusement Facility A A -
Cultural Facility A - -
Day Care Center A A C* *Only permitted in IG District if day care center is intended to serve
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employees of a large-scale business
or business park.

Educational Facilities A A A* *Only permitted in IG District if included within business park
development.

Emergency Shelter P* P* P* *Permitted on city-owned property. See Section 10-1.2736(a)
for criteria and standards.)
Food Vendor P P P Subject to Food Vendor Permit. See Section 10-1.2735(mg), Food
Vendor Permit
Industrial/Vocational Trade School P P P Limited to programs serving persons 18 years or older
Health Club See below
Facilities that are only available
for use by employees

P P P
Facilities that may be used by the
public

A A A
Kennel C A A
Public Agency Facilities P P P
Media Production A A A
Psychiatric and Rehabilitation
Facility

A A A
Recreational Facility See below
Facilities that are only available
for use by employees

P P P
Facilities that may be used by the
public

A A A
Religious Facility A - -
Taxi Company - - A
Temporary Uses A A A

A. Outdoor Storage. Refer to Section 10-1.1605(L) for Outdoor Storage regulations.

B. Adult Entertainment Activity. Refer to General Regulations Section 10-1.2735.ab. for Adult Entertainment Activity Regulations.

C. Alcoholic Beverage Outlets. Refer to General Regulations Section 10-1.2750 et seq. for Alcoholic Beverage Outlet Regulations.

D. 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 devices.

E. Hazardous Materials Use and Storage. All uses allowed in the Industrial Subdistricts pursuant to Table 10-1.1603 shall comply with all applicable code and regulation requirements pertaining to hazardous materials and the following permit requirements.

1. Permitted. The following hazardous materials use and storage activities are permitted:
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a. Production, storage, and/or handling, utilizing Group B hazardous materials less than 5,000 pounds of solids, 550 gallons of liquids, or 2,000 cubic feet of gases at standard temperatures and pressures.
b. Production, storage, and/or handling, utilizing Group C hazardous materials less than 50,000 pounds of solids, 5,500 gallons of liquids, or 20,000 cubic feet of gases at standard temperatures and pressures.

2. Administrative Use Permit. The following hazardous materials use and storage activities are subject to Administrative Use Permit approval:
a. Production, storage, and/or handling, utilizing Group B hazardous materials which exceed the following thresholds: 5,000 pounds of solids, 550 gallons of liquids, or 2,000 cubic feet of gases at standard temperatures and pressures.
b. Production, storage, and/or handling, utilizing Group C hazardous materials which exceed the following thresholds: 50,000 pounds of solids, 5,500 gallons of liquids, or 20,000 cubic feet of gases at standard temperatures and pressures.

3. Conditional Use Permit. Conditional Use Permit approval is required for the production, storage, handling, or similar activities utilizing any amount of hazardous materials classified as Group A hazardous materials by the Fire Chief or his or her designee. (Amended by Ordinance 21-05, § 2, adopted July 20, 2021; Amended by Ordinance 25-02, § 1(Exh. A), adopted January 21, 2025)
SEC. 10-1.1604 DEVELOPMENT STANDARDS.

Table 10-1.1604, Development Standards—Industrial Subdistricts, prescribes the development standards for Industrial Subdistricts.

Table 10-1.1604: Development Standards—Industrial Subdistricts Standard IL IP IG
Minimum Lot Size (sf unless otherwise
indicated)
10,000 1.5 acres 20,000
See also Section 10-1.2720 for Special Lot Requirements Minimum Lot Frontage (ft) 35 250 70
See also Section 10-1.2720 for Special Lot Requirements Minimum Average Lot Width (ft) 70 250 70
Maximum Floor Area Ratio (FAR)** .8 .8* .8
*A greater FAR may be approved for Administrative and
Professional Offices/Services, Data Center, and Research and Development uses through Major Site Plan Review approval where the approving authority finds that the collective FAR across all Industrial sub-districts will not exceed .8.
**Building area that is designed and utilized exclusively for on-site employee child daycare shall not count towards maximum FAR calculations.

Maximum Height (ft) • Within 20 feet of an R, MH, C, or residential PD zoning district:
20 (see Figure 10-1.1604)
• Within 45 feet of an A, OS, or FP zoning district: No portion of a structure may extend above a line of a 1:1 slope extending upward from the boundary of the A, OS, or FP zoning district. (see 374

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Figure 10-1.1604)
• Other areas as follows:
45 75* 75*
*The building height may be increased through Major Site Plan Review approval where the approving authority finds that the increase is necessary to provide a more beneficial site layout or will result in public benefits/amenities that could not be achieved under current zoning standards.

See also Section 10-1.2730 for Special Height Requirements Minimum Yards (ft) See also Section 10-1.2725 for Special Yard Requirements Front Yard • Parcels fronting Industrial Boulevard, Industrial Parkway, Industrial Parkway SW, Clawiter Road, and West Winton Avenue:
20 • Buildings with facades in excess of 100 feet in length and/or greater than 20 feet in height: 20
• Other areas and buildings: 10
Side Yard • Abutting an A, OS, FP, R, MH, C, or residential PD zoning district: 10
• Other areas: 0
Street Side Yard 10 10 10
Rear Yard • Abutting an A, OS, FP, R, MH, C, or residential PD zoning district: 10
• Other areas: 0
Minimum Landscaping (% of site) 5 15 5

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SEC. 10-1.2735 SPECIAL STANDARDS AND CONDITIONS FOR CERTAIN USES.

Special standards and conditions as set forth below are applicable to uses enumerated in this Section and listed in the individual districts. Departure or variation from these standards is permitted only when it can be established by the applicant that the intent and purpose of the district or the necessary findings for permit approval, as specified in this ordinance, are not compromised. Where warranted by ordinance regulations or to implement official City policy, standards of development may be required that exceed those listed in this Section. a. Accessory Commercial Units.
(1) Zoning Conformance Permit Required. Zoning Conformance Permit approval is required prior to the establishment of any accessory commercial unit (ACU). (2) Eligibility Criteria.
(a) Must be located on a lot with a single detached residential unit as the primary use. (b) Must be located south of Tennyson Road.
(3) Permitted Uses. An ACU shall include only one of the following uses listed below:
(a) Administrative office.
(b) Barber or beauty shop.
(c) Fitness studio.
(d) Nail salon.
(e) Pet grooming.
(f) Repair services. (Small appliances, electronics, or bicycles only. No automobile repair.) (g) Retail.
(h) Tailoring.
(i) Take-out coffee/espresso shop. (No food.)
(j) Tutoring.
(4) Development Standards. ACUs shall meet the following criteria:
(a) ACUs shall be limited to a maximum of one ACU per lot. (b) ACUs shall be operated by a resident of the lot.
(c) ACUs with retail or take-out coffee/espresso shop uses shall be fronting and visible from a public right-of-way.
(d) ACUs shall have at least one pedestrian accessible entrance that is directly accessible from the exterior of the building.
(e) An ACU shall not exceed a floor area of 500 square feet or 40 percent of the gross floor area of the primary residential building on the property, whichever is less. (f) An ACU shall be limited to one story and the ground floor. (g) The following sign requirements shall apply to all ACUs:
(i) An ACU may have one non-illuminated wall sign, not exceeding a total sign area of six square feet.

Attachment IV, Exhibit D
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(ii) Roof signs, free standing business signs, temporary signs, and banners are prohibited.
(5) Minimum Design and Performance Standards. ACUs shall comply with the following performance standards:
(a) The hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. (b) A maximum of eight individuals (inclusive of employees and customers/clients) are permitted in the ACU at a time.
(c) Barber shop, beauty shop, nail salon, and pet grooming uses shall be limited to a maximum of two employees at any time.
(d) All loading, unloading and maintenance shall be conducted within the hours of operation.
(e) ACUs providing beverage sales shall be for off-site consumption only. On-site dining and customer loitering are prohibited.
(f) ACUs shall maintain designated trash and recycling collection containers and enclosures which are not visible from the street.
(g) All activities and storage associated with the business shall take place inside the ACU. (h) ACUs shall adhere to HMC Section 10-2.202, but are not subject to the parking ratio requirements of Section 10-2.300.
ba. Adult Entertainment Activity Regulations.
(1) Purpose. In adopting these regulations it is recognized that certain types of adult entertainment activities possess objectionable operational characteristics which, when concentrated, have a deleterious effect upon adjacent areas. It is also recognized that locating adult entertainment activities in the vicinity of facilities frequented by minors will cause the exposure of adult material to minors who, because of their immaturity, may be adversely affected by them. Special regulations of sex-oriented, adult entertainment businesses is necessary to insure that adverse effects will neither contribute to the blighting or downgrading of surrounding neighborhoods nor have an adverse effect on minors.
(2) Definitions. For the purpose of these regulations, certain terms and words shall have the following meanings:
(a) Adult Entertainment Activity. An activity which is characterized by an emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Said term includes, by way of illustration only, the following:
(i) Adult Arcade. An establishment where one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas.
(ii) Adult Bookstore. An establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale one or more of the following: books, magazines, and other periodicals which are substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." 377

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(iii) Adult Gift Store. An establishment having as a substantial or significant portion of its stock in trade, and offers for sale one or more of the following:
instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" (i.e., "adult gifts.") (iv) Adult Motion Picture Theater. An enclosed building used for presenting material in the form of motion picture film, video tape or other similar means, and in which a substantial portion of the total presentation time is devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.
(v) Adult Theater. A theater, concert hall, auditorium or similar establishment in which a substantial portion of the total presentation time is devoted to live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(vi) Sexual Encounter Establishment. An establishment which provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.
(b) Specified Sexual Activities. This term shall be used herein to mean:
(i) Human genitals in a state of sexual stimulation or arousal; (ii) Acts of human masturbation, sexual intercourse or sodomy; (iii) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(c) Specified Anatomical Areas. This term shall be used herein to mean:
(i) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) Location. No person shall place, maintain, own or operate any adult entertainment activity, as herein defined, in the following locations:
(a) Within 500 feet of any parcel of real property zoned primarily for residential use; or (b) Within 500 feet of any parcel of real property on which is located any of the following facilities:
(i) A school primarily attended by minors;
(ii) A church which conducts religious education classes for minors; (iii) A public park, playground or other recreational facility; (iv) A museum;
(v) A library.
(c) Within 500 feet of any other adult entertainment activity as herein defined. 378

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(4) Public Display of Certain Matter Prohibited. No person shall place, maintain, display or exhibit any material in a manner which exposes to public view photographs or illustrations of "specified sexual activities" or of poses which emphasize or direct the viewer's attention to "specified anatomical areas." As used herein, "exposes to public view" means exposes to the view of persons outside the building in which said material is placed, maintained or displayed. (5) Discontinuance of Nonconforming Activities. No later than September 19, 1980, all adult entertainment activities made nonconforming by reason of the provisions hereof, except those activities rendered nonconforming because of being within 500 feet of any other adult entertainment activity, shall be discontinued or shall be brought into full conformance with the provisions hereof, except that such activities may be allowed to continue for an additional period upon the approval of a variance with the finding that the activity is obligated by written lease entered into before the effective date of this section for a period exceeding two years from such effective date, or that the activity involves investment of money in leasehold or improvements of such that a longer period is necessary to prevent undue financial hardship. cb. Catering Truck Standards. All catering truck operations shall comply with the following standards:
(1) Catering trucks shall only park on private property with the permission of said property owner(s). (2) Catering trucks shall not park on any City streets, rights-of-way or property. (3) Catering trucks shall not be located on a single parcel more than 20 minutes at a time. (4) Catering trucks shall not be located within 300 yards of a food vendor as defined in this Ordinance.
(5) Catering trucks shall not return to the same location within less than two hours. (6) Catering trucks shall obtain all necessary approvals for the County Health Department and City of Hayward Police Department.
c. Christmas Tree and Pumpkin Patch Lot Regulations. All Christmas tree and pumpkin patch lots shall comply with the following standards:
(1) Pumpkin Patch lots shall not be established before October 1 of each year and Christmas tree lots shall not be established before November 22 of each year. Annual permits must be obtained from the Fire Department and the Building Division.
(2) Prior to opening for business, all Fire Department and the Building Division permits shall be obtained. The lot shall be maintained and operated in compliance with all Fire Department and the Building Division requirements.
(3) No merchandise, equipment, vehicles, refuse, or other material associated with the proposed lot shall block circulation or parking aisles outside fenced areas. (4) No aspect of the proposed operation shall impede access to any public driveway, nor any parking areas required for the operation of surrounding uses.
(5) All parking and loading must be done on the lot and not on any public street. Parking areas shall be surfaced to prevent mud or dust from being tracked onto the public right -of-way. (6) An electrical permit must be obtained prior to installation of any lighting. (7) Fencing around the premises shall be properly stabilized. (8) Signs shall be confined to the designated lot area only and must not obstruct vision of motorists. (9) If sawdust or other similar material is used to cover the lot, it shall be kept moist. 379

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(10) A minimum of one employee shall be on the premises at all times to insure compliance with the conditions of approval.
(11) All trees or pumpkins, merchandise, debris, fences, poles, hay or sawdust and other evidence of the use must be removed within 7 days after the Halloween or Christmas Holiday. To the maximum extent possible, all wood products must be recycled. While other recycling facilities may be used, it is preferred that all wood products such as trees, tree stands, and sawdust (but not including flock and tinsel) be recycled by drop-off at the City of Hayward Water Pollution Control Facility.
(12) Notices must be conspicuously posted on the lot and distributed to customers at the point of sale providing information about the City of Hayward Christmas tree Recycling Program provided by the Office of Solid Waste Management.
d. Cannabis, Personal Cultivation and Commercial Cannabis. Refer to Section 10 -1.3600, Cannabis. e. Data Centers
(1) Additional Submittal Requirement
(a) Community Benefits Plan. Summary of community benefits to be provided to the community that would not otherwise be required of the project;

f.e. Drive-in Establishments - Special Standards and Conditions. (1) Location and Design Criteria.
(a) 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. (b) 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, 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.
(2) 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. (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) 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 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 when abutting or adjacent to residential zones.
(3) Automobile Service Stations – Additional Design Criteria. 380

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(a) Minimum facilities required:
(i) One restroom open to the public
(ii) Window washing equipment and towels.
(b) Minimum Site Requirements:
(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: 20 feet measured from the street right -of- way or precise plan line.
(4) 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 Interstate 880 (Nimitz Freeway) or State Route 92 (Jackson Freeway) rights-of-way as measured by the existing roadway network, or on any parcel located within the AT-C zoning subdistrict;
(ii) 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
(iii) 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.
(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) Minimum building site (lot area or lease area) shall be 25,000 square feet in area, unless adequate access and cross-parking is provided.
(a)(g) 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 landscaping to minimize their visual impact from the street. Menu board shall be placed so as to not be visible from the street. g. Food Vendor Permit.
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(1) Permit Required.
(a.) No vending of food or food products shall be permitted unless a food vendor's permit has first been obtained.
(b.) A separate food vendor's permit shall be obtained for each approved location. (2) Permitted Locations. Food Vendors are permitted as specified in Zoning Districts, subject to the permit requirements and standards set forth below. Definitions. This Section shall apply to any mobile unit (as defined below) designed or used for the vending of food or food products from a fixed or stationary location on private property.

This Section shall not apply to Catering Truck operations as defined in subsection (b) of this Section or Sidewalk Vendors, as defined in Section 6-16.30(B) of the Hayward Municipal Code.
(a.) Approved Location - A site approved by the Planning Director from which a vendor operating from a mobile unit may sell their products. (b.) Mobile Unit - Any trailer, cart, wagon, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer.
(c.) Vending - The business of selling or causing to be sold for cash or consideration of any of the following items: food or food products whether hot, cold, freshly prepared, or packaged, such as hot dogs, sandwiches, and burritos, to be consumed for a meal or snack. This definition includes an offer for sale. All items sold shall be capable of being consumed on site without preparation or cooking other than done by the vendor.
(d.) Vending Equipment - Tools, umbrellas, and chair for vendor only. No accessory equipment for dining at the site is permitted. Food or food products, etc., related to vending and approved by the Planning Director. (e.) Vendor - A person who is in the business of vending or their employee(s). (3) Application.
(a.) An application for food vendor's permit to vend food products shall be submitted to the Planning Director on a form provided for such purpose, accompanied by payment of the fee set by Resolution of the City Council. (b.) The application shall include the signature of the owner of the property upon which the applicant proposes to locate their mobile unit indicating the property owner's permission to use the site for the purpose set forth in the application. (c.) In addition to the completed application, the following information shall be submitted on a form acceptable to the Planning Director:
(i.) Proposed location of a mobile unit plotted on a map drawn to a scale of one-inch equals 20 feet or larger, which indicates the distance to adjacent landscaping, parking stalls, buildings driveways, signs, fences, utility poles, transformers, hydrants, etc., located within 50 feet of the location of the proposed mobile unit.
(ii.) Plans for provisions to collect and store litter and dispose of it. 382

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(iii.) Scaled drawing or manufacturers information indicating the size of the mobile unit and vending equipment the applicant proposes to use. (iv.) Location where vendor intends to park personal motor vehicle, location of customer parking spaces, and location where vendor intends to store overnight mobile unit.
(v.) Description of the nature of the business and the goods to be sold. (vi.) Any other information deemed necessary by the Planning Director to adequately review the application, for example, photograph or rendering of mobile unit.
(4) Standards. All applications for food vendor's permit shall comply with the following standards:
(a.) Approved locations for food vending shall not be located within 300 yards of any school.
(b.) All mobile units shall be set back from the public street right-of-way or a private street or driveway. A food vendor shall not locate a mobile unit or vending equipment or merchandise offered for sale in such way as to block or impede or any way hamper pedestrian or vehicular movement or to cause a hazard to any pedestrian or vehicle.
(c.) Mobile units and vending equipment shall be self-supporting and shall not be attached temporarily or permanently to trees, hydrants, utility poles or transformers, or other vertical structures or benches.
(d.) All mobile units with ventilating equipment shall be located 10 feet away from all buildings unless otherwise approved by the Planning Director. (e.) A food vendor shall not sell any food or food products between the hours of 7:00 p.m. and 7:00 a.m. unless otherwise authorized by the Planning Director. (f.) No food vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound where said sound exceeds the background noise levels for adjacent uses. (g.) A food vendor shall not store overnight any vending equipment or food products other than in a commissary approved by the Alameda County Department of Environmental Health Services.
(h.) A food vendor shall not display any signs or similar devices unless approved by the Planning Director. Signs painted on a mobile unit shall be approved by the Planning Director, and any other sign or device(s), for example, flag, pennant, balloon, may be approved at the discretion of the Planning Director if he/she finds that such sign or device does not create a safety hazard or is not aesthetically detrimental or incompatible with surrounding uses. (i.) Any exterior lighting shall be approved by the Planning Director and shall not create a safety hazard and shall be shielded or deflected away from adjacent properties.
(j.) A food vendor shall maintain their approved location in a clean and hazard -free condition. The vendor shall provide at least one 30-gallon garbage container with a swing top nearby the mobile unit for public use and shall pick up all litter generated from his or her operation within a radius of 100 feet of the approved 383

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location. A vendor shall empty the garbage container(s) daily, or more often if necessary; disposal of garbage or trash into public trash containers is prohibited.
(k.) The food vendor at all times shall be in compliance with all regulations of the Health Officer of Alameda County regarding operation of this use and all other applicable rules and regulations.
(l.) Location of a mobile unit and vending equipment shall not reduce the number of parking spaces below which are required for the permitted primary or conditional use.
(5) Permit Issuance.
(a.) A food vendor's permit shall be issued if the applicant satisfies the above standards and the Planning Director finds that said application complies with all pertinent regulations administered by these officials.
(b.) A food vendor's permit is not transferable and shall remain valid until the vendor ceases operations at the permitted location for a period of 6 months or longer or the permit is revoked.
(6) Permit Revocation.
(a.) A food vendor's permit shall be subject to revocation if the conditions of the permit or the regulations set forth or incorporated herein are violated. (b.) Before taking any action to revoke a permit, the Planning Director shall give notice to the permittee in writing of the proposed revocation, the reasons therefor, and the time and place the permittee will be given an opportunity to show cause to the Planning Director why the permit should not be revoked.

The written notice may be served personally upon the permittee or mailed to the permittee at the address shown on the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing, the Planning Director may revoke the permit upon finding non-compliance with the conditions of the permit or the regulations herein.
(c.) The Planning Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Planning Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal, and its decision shall be final. Said appeals shall be filed in the Planning Division.

Fh. Garage Sales. Garage sales, also referred to as yard sales, shall not create a public nuisance as defined herein, and shall be limited to a maximum of four times per year per dwelling for single- family homes, and four times per year per development for multi-family areas.

Gi. Limited Entertainment Permit.
(1) Limited Entertainment Permit Required. Any person providing live entertainment using amplified sound indoors or outdoors on a private patio connected to an establishment shall first obtain a Limited Entertainment Permit by filing an application with the Development Services Department.
(a) Application requirements. A Limited Entertainment Permit application shall include the following:
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(i) The name and address of the business, location or venue where the proposed entertainment will occur;
(ii) The date(s) and time(s) that the proposed entertainment activity will occur; (iii) A description of the business where the proposed entertainment will occur; (iv) A description of the entertainment activity, including the nature and type of sound amplification; the number of people anticipated to attend; and (v) Any other information associated with the proposed entertainment activity, as required by the Development Services Department.
(2) Limitations on Limited Entertainment Permits.
(a) The entertainment activity(ies) must be incidental to the principal use of a site. (b) Permit may cover up to one year of recurring events. (c) Activities and events that are presented as live entertainment for an audience of more than 100 people shall require a Cabaret License pursuant to Section 6- 2.10 of the Hayward Municipal Code, instead of a Limited Entertainment Permit. (d) Bars, nightclubs, adult-only activities, and other similar uses as determined by the Planning Director are prohibited from obtaining a Limited Entertainment Permit and shall require a Cabaret License to allow live entertainment activities, pursuant to Section 6-

2.10. (e) Outdoor gatherings as defined in Section 10-1.2735(m) shall require approval of a Minor Temporary Use Permit instead of a Limited Entertainment Permit. (f) Outdoor gatherings as defined in Section 10- 1.2735(n) shall require approval of an Administrative Use Permit instead of a Limited Entertainment Permit. (g) Outdoor gatherings in public spaces shall require approval of a Special Event Permit instead of a Limited Entertainment Permit.
(3) Entertainment Permit Performance Standards
(a) All live entertainment activities must end by 11pm; (b) Live entertainment activities must be open to all ages; (c) Live entertainment activities shall be limited to audiences of between 10 and 100 patrons per event or to the maximum capacity allowed by the building occupancy, whichever is less; and
(d) Each Limited Entertainment Permit is non -transferable and shall be used only at the specific premises and on the specific dates for which the entertainment permit was issued.
(4) The Development Services Department Director may deny a Limited Entertainment Permit application for any of the following reasons:
(a) The applicant provides false information in the application submitted for a Limited Entertainment Permit.
(b) The business or premises for which the Limited Entertainment Permit is requested is found to be out of compliance with applicable City, state and /or federal laws, ordinances and codes.
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(5) Revocation of a Limited Entertainment Permit.
(a) The Development Services Director shall have the authority to revoke or suspend a Limited Entertainment Permit under this Division, pursuant to the procedures of Section 10-1.2845 of the Hayward Municipal Code. The suspension or revocation of a Limited Entertainment Permit shall be based on one or more of the following:
(i) Any of the criteria established for the denial of a Limited Entertainment Permit in Section 10-1.2735(h)(4), above.
(ii) The proposed entertainment activity results in a high volume of calls for service to the Police Department and/or the Code Enforcement Division. (iii) The entertainment event or activity for which the permit was issued violates one or more of the conditions imposed upon the approved Entertainment Permit or the requirements of this Division.
(b) In the event the Development Services Director revokes a Limited Entertainment Permit pursuant to this Ordinance, no other Entertainment Permit shall be issued to the same applicant within a minimum of five years from the date that the denial or revocation is final.
(c) The Development Services Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal, and its decision shall be final. Said appeals shall be filed with the Plan ning Division.

j.f. Livestock, Apiaries, and Household Pets.
(1) Minimum Lot Area. The minimum lot area for any lot used to maintain livestock and other animals, except for household pets, whether a temporary use or principal use of the property, shall be the lesser of either the minimum lot area specified in the zonin g district in which the property is located or the area hereinafter specified:
(a) For large and medium livestock, the minimum lot area shall be 20,000 square feet; (b) For exotic animals, poultry or other birds, the minimum lot area shall be 4,000 square feet, or greater, depending on the species of the animal, as determined by the Planning Director; (c) For apiaries, the minimum lot area shall be 4,000 square feet. (2) Maximum Number of Animals. The maximum number of livestock or any other animals allowed pursuant to this section is subject to a determination by the Planning Director that the site is suitable, including consideration of size, configuration and location, and can support the number of livestock or other animals without creating nuisance problems for surrounding residential properties. The following limits shall apply:
(a) Livestock: In no case shall the number of livestock, as defined herein, kept or maintained on any lot exceed one large livestock for each 20,000 square feet of land contained in such parcel, or one medium livestock for each 10,000 square feet of land cont ained in a minimum 20,000 square foot parcel.
(b) Fowl: In no case shall hens, ducks, pigeons, or other small fowl be kept on a parcel that is less than 4,000 square feet in size.
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(c) Apiaries: For apiaries, in no case shall the number of hives exceed two for a parcel which is less than 40,000 square feet in size or zero for a parcel which is less than 4,000 square feet in size.
(d) Duration of Limit: Once a permit is granted establishing the maximum number of animals allowed on a property, the permittee is entitled to maintain that maximum number of animals indefinitely as long as an animal(s) has existed continuously, in that six m onths have not passed where there were no animals on the property. (3) Minimum Available Open Area. All livestock or other animals shall be provided with the minimum available open area specified below (such area may include barns, stables, sheds or similar structures used to house animals):
(a) For large livestock, the minimum available open area per animal shall be 5,000 square feet; (b) For medium livestock, the minimum available open area per animal shall be 2,500 square feet;
(c) For poultry, the minimum available open area per animal shall be 36 square feet; (d) For exotic animals, the minimum available open area per animal shall be as determined by the Planning Director, based on the species of the animal. (4) Buildings and Structures. All animals shall be provided with adequate shelter or other protection from the elements. Shelter may be provided through the construction of a coop, stable, or other structure, as appropriate for the species of animal and as determined by the Planning Director.

Buildings and structures used for the housing of animals shall be located behind the principal structure on the lot. Such buildings and structures may be located elsewhere on the lot due to topography or other special characteristics of the lot, subject to approval of the Planning Director. Such structures shall be large enough and designed such that all animals may lie down, stand up, fully extend their limbs and turn around freely, as required by the section 1350 of T itle 3 of the California Code of Regulations, as may be amended from time to time. Hives and accessory structures for the keeping of livestock or household pets shall not be located in front of a primary structure.
(5) Maximum Height of Structures. No building or structure used for the housing of animals shall be erected or maintained on any lot to a height greater than that permitted for accessory structures in the respective zoning district. For small livestock and household pets, the maximum height of an enclosure shall be six feet, except for beehives. For beehives, the maximum height shall be limited to four feet. A greater height may be permitted based on consideration of special characteristics of the lot, including, but not limited to, topography, lot size, and building placement, and subject to approval of the Planning Director. (6) Minimum Setback Requirements. All barns, stables, and other structures used for the housing of animals, except for household pets, on any lot shall be located not less than 20 feet from any property line and not less than 40 feet from any dwelling on the same or adjoining lot. Beehives and all structures for the housing of household pets, including chicken coops, shall be located not less than 5 feet from any property line and not less than 6 feet from any dwelling on the same or adjoining lot. The distances as specified in this subsection may be reduced or waived upon the finding that such distances are not necessary for the protection of nearby residences. (7) Fence Requirements. All areas containing livestock or other animals shall be enclosed by fences which are good, strong, substantial, and sufficient to prevent the ingress and egress of livestock or other animals. Such fences shall be designed and constructed of appropriate materials and be of an adequate height so as to control and contain such animals at all times, while avoiding injury to such animals, preventing such animals from reaching across any property lines, and of a design 387

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that does not detract from the appearance of the site or surrounding area. Where bees are proposed to be kept, a solid fence of at least six feet in height shall be erected along all property lines within ten feet of the hive. Hives shall not be located in areas where this requirement cannot be met due to height limitations for fences.
(8) Maintenance of Livestock and Other Animals. All livestock and other animals shall be kept or maintained so as to minimize and prevent production of flies, excessive odor, dust, noise, or other conditions detrimental to the community health and welfare, by applying the following minimum requirements:
(a) Manure must be removed daily from the corral, stable, paddock, or other holding areas and stored in fly-tight containers, cans or holding boxes, until disposal; roosts, lofts, and rabbit hutches must be cleaned daily unless worm beds are maintained under the rabbit hutches. Composting or similar treatments may be permissible if performed to appropriate standards so as not to constitute a nuisance, as determined by Planning Director. (b) Watering troughs must be so constructed and located that they do not overflow excessively in the stall, corral or paddock area, as to promote mosquito larvae growth. (c) Hay must be stored in such a manner so as not to become a nesting place for rodents, i.e., stored in rodent-proof buildings or off the floor and away from walls, other material or equipment.
(d) Grain feeds shall be stored in rodent-proof containers or buildings, i.e., metal cans or rodent-proof feed cribs; all other feed must be stored in vermin-proof containers. (e) The entire area set aside for the animals shall be cleared of all rubbish and debris. (f) Livestock shall not be abandoned on any property or right-of-way in the City of Hayward.

Any application for a permit to keep livestock shall include a preliminary plan for the eventual discontinuation of the keeping of livestock on the site, including a method for the relocation of livestock.
(g) Where apiaries are proposed to be sited within one hundred feet of any residence, a person responsible for management of the hives must reside on the property. (9) Livestock as a Legal, Nonconforming Use. Livestock existing as a legal, nonconforming use may continue indefinitely as long as (1) the livestock have existed continuously in that six months have not passed when there were no livestock on the site, (2) the maximum number of livestock established as a nonconforming use is not increased, and (3) as long as there is no intensification of livestock, e.g., legal, nonconforming medium livestock may not be intensified by replacing them with large livestock. The burden of proof for establishing the legal, nonconforming status of livestock rests with the property owner subject to the endorsement of the Planning Director. (10) Permit Required. As provided in the Zoning Ordinance, a Zoning Conformance Permit is required prior to the establishment of household pets or apiaries as a secondary use. This requirement shall be waived for household pets where the enclosure is located a t least forty feet from any residence, and for apiaries where the hives are located at least one hundred feet from any residence. An application for a Zoning Conformance Permit shall be reviewed by the Planning Director or their designee and shall be approved if all of the standards of this section are met. (a) Household Pets: A Zoning Conformance Permit is required for the establishment of the following household pets: Hens, ducks, pigeons, rabbits and other similar small animals, as determined by the Planning Director, where the proposed total number on a property does not exceed four (4) of such animals. An application for a Zoning Conformance Permit shall be submitted on a self-certification form, wherein an applicant shall acknowledge with 388

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their signature or initials that they understand the requirements of the Hayward Municipal Code with respect to the maintenance and management of the animals that are proposed.

Where the City determines that compliance with such standards is impossible giv en the characteristics of the site where the animals are kept, then the permit shall be deemed null and void.
(b) Apiaries: An application for a Zoning Conformance Permit for beekeeping shall require noticing of all property owners within one hundred feet of the property where the bees are proposed to be kept. Such notice shall be mailed within five business days of receipt of such application. If the City receives notification and documentation acceptable to the Planning Director (such as a doctor's note) that an individual who is allergic to bees resides within one hundred feet of the property where bees are proposed, the application shall be denied. Such notification and documentation may be received from any person who received an official notice from the City or from any person who can establish that they reside within one hundred feet of the property where bees are proposed to be kept. If no notification is received within thirty calendar days of the mailing of the official notice, and if the application meets all other city design criteria, the permit shall be issued. k.g. Manufactured Housing Regulations. Manufactured housing to be installed on a lot shall have been constructed after July 1, 1976, and shall bear an insignia of approval under the National Mobile Home Construction and Safety Standards Act of 1974 and shall be erected in compliance with the following:
(1) Shall be attached to a permanent foundation pursuant to Health and Safety Code Section 18551, and shall have all utility connections conform to all requirements of the City's Building, Plumbing, Electrical, and Mechanical Codes.
(2) Shall be a minimum of 20 feet wide.
(3) Shall have a roof constructed of asphaltic, wooden, glass fiber or tile materials. (4) Shall have wood, masonry or stucco siding which will extend to the ground (except when a solid masonry perimeter foundation is used, the siding need only extend to the top of the foundation). (5) Shall have an overhang or eave extending a minimum of 14 inches from the wall. (6) Shall have a floor height no more than 30 inches above the finished grade of the building pad. (7) Shall include a minimum 20-foot-wide garage (interior dimension) and/or landscaping where necessary to make the house compatible with surrounding residential development. (8) Shall conform with Hillside Design and Urban/Wildland Interface Guidelines. hi. Outdoor Gatherings.
(1) Permit Required. No outdoor gathering of 275 or more people shall be held unless an administrative use permit has first been obtained.
(2) Outdoor Gathering. Any assembly, music festival, carnival, show, circus, dance, exhibition, lecture, concert, rally, party, celebration, or similar event or activity which is:
(a) Open to the public or to which members of the public are invited or admitted either for a charge or free of cost; and
(b) Held out of doors or other than in a permanent structure that was constructed for the purpose of or constructed so that it can be used for conducting such event or activity; provided, however, that the incidental use of any patio, courtyard, deck, or othe r area adjacent to and outside a permanent structure (that is authorized as a permitted primary 389

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or conditional use) by participants at the event or activity shall be considered use of the permanent structure for the purposes of this provision. (3) Application. An application for an administrative use permit to hold an outdoor gathering shall be submitted to the Planning Director on a form provided for such purpose, setting forth the following:
(a) The location and legal owner of the premises on which the outdoor gathering is to be held; (b) The number of people the applicant will admit to the outdoor gathering, his plans to limit admittance to the outdoor gathering to such number, and the date(s) and times during which the gathering is to be held;
(c) The applicant's plans, including facilities for the handicapped where physically feasible, for provisions of potable water, toilet facilities, solid waste disposal, and if required by the Health Officer of Alameda County, emergency medical treatment; (d) The applicant's plans for provision of parking spaces, including spaces for the handicapped; (e) The applicant's plans for illuminating the premises if any part of the gathering is to be held within one hour before sunset or after dark;
(f) A description of all sound amplification equipment the applicant plans to use and the intensity in decibels at the property line of the premises upon which the gathering is to be held; and
(g) The applicant's plans for provision of fire control devices and method of vehicular and pedestrian access to and from the gathering.
(4) Permit Issuance. An administrative use permit for an outdoor gathering may be issued if the applicant shows that the following conditions have been met:
(a) The applicant is the owner of the premises on which the gathering is to be held or the owner of the premises has consented to the use of the premises for the outdoor gathering; (b) The Chief of Police has approved the applicant's plans to limit attendance at the outdoor gathering to the number of people set forth in the application, maintain order, and assure compliance with all applicable laws and regulations, including but not lim ited to, the provisions of this ordinance and the conditions of the permit under which the outdoor gathering is held. The Chief of Police shall approve the applicant's security plans if one security guard, who may be a peace officer or other person acceptable to the Chief of Police, is provided for every 275 persons expected to attend the outdoor gathering and the sole responsibility of such guard(s) is to limit attendance at the outdoor gathering to the number of people set forth in the permit, maintain order, and enforce all laws, regulations, and permit conditions;
(c) The Health Officer of Alameda County has approved the applicant's plans, including facilities for the handicapped where physically feasible, for provisions of potable water, toilet facilities, solid waste disposal, and if required by the Health Officer, em ergency medical treatment;
(d) The Traffic Engineer has approved the applicant's plans for provisions of parking spaces, including provision for spaces for the handicapped where physically feasible. The Traffic Engineer shall approve the applicant's plans for the provision of parking i f finds that parking spaces are provided for one of each four persons the applicant will admit to the outdoor gathering, safe access to and from such parking spaces is provided, and such parking spaces will be graded, marked, and separated by a physical device from all pedestrians; 390

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(e) The Public Works Director has approved the applicant's plans for illuminating the premises upon which the outdoor gathering is planned if any part of the gathering is expected to occur within one hour before sunset or after dark. The Public Works Director shall approve illumination plans that provide for safe lighting equipment which illuminates at the following levels:
(i)Open areas to be used by attendees at 10-foot candle intensity; (ii)Parking and pedestrian access areas at 5-foot candle intensity; and (iii)Toilet facility areas at 50-foot candle intensity; (f) The Planning Director has approved the applicant's plans for any use of sound amplifying equipment. The Planning Director shall approve sound amplification plans that limit noise levels to no more than 60 L dn or CNEL (db) at the property line of the premises or is lawfully used for residential use or abuts property zoned or lawfully used for residential use and no more than 70 L dn or CNEL (db) at the property line of the premises upon which the gathering is to be held, if such premises is neither zoned nor used for residential use nor abuts property that is zoned or used for residential use; provided, however, that the Planning Director shall not approve any sound amplification plans that call for the use of sound amplification equipment between the hours of 10:00 p.m. and 6:00 a.m.; and (g) The Fire Chief has approved the applicant's plans for provisions for fire control devices and plan(s) for vehicular and pedestrian ingress and egress to the site, including emergency vehicles.
l.i. Private Street Criteria. Approval of a private way as a private street (not part of a subdivision or other development project) for the purpose of establishing a street frontage for a lot shall be governed by the following:
(1) Overall, minimum right-of-way shall be 25 feet per the City Standard Design Details, and paved access shall be not less than 10 feet in width for a one-way driveway and 12 feet in width for a two-way driveway. The access may be increased up to 24 feet in width and incorporate a turn- around area, as such is determined to be necessary, giving consideration to traffic volumes, location, land use, and other relevant factors.
(2) The access strip shall be improved to public street standards. Such improvements shall be installed, or the installation shall be guaranteed to the satisfaction of the City, prior to issuance of a building permit for any use fronting on the private street. (3) In the instance that multiple lots are to be served by one private street, the following criteria may apply:
(a) Six or fewer lots require a minimum of a 20-foot wide paved private driveway. (b) Seven or more lots require a minimum of a 24-foot wide paved private street. (c) Six or fewer lots may be served by a hammerhead.
(d) Seven or more lots shall be served by a cul-de-sac. (4) The above requirements may be amended after evaluating the following:
(a) Existing and estimated future volume of traffic.
(b) Existing, proposed, and potential development to be served by access. (c) Adequacy of drainage facilities.
(d) Condition of roadway and provisions for maintenance. 391

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(e) Suitability for emergency vehicle access and utility right-of-way. (f) Alignment and grade.
(g) Need for off-street parking or pathway to serve adjacent uses. (5) Before approving a private street, the Planning Commission shall find that:
(a) The private street is physically adequate to provide access for pedestrians and vehicles. (b) There is a right, exclusive or non-exclusive, to use the private street on a permanent basis which is appurtenant to the subject lot(s).
(c) The private access will not conflict with the General Plan. (6) Requests for approval shall be considered by the Planning Commission which shall recommend approval, conditional approval, or denial. Upon review by the Commission, said request shall be then considered by the City Council which shall approve, conditional ly approve, or deny said request. The action of City Council is final.
m.j. Small Recycling Collection Facilities and Unattended Collection Boxes. (1) Purpose and Intent.
(a) The purpose of the subsection related to facilities accepting recyclable material is to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials in accordance with the 1986 California Beverage Container Recycling and Litter Reduction Act of 1986 (Pub. Res. Code § 14500, et seq.).
(b) The purpose of the subsection related to unattended collection boxes is to:
i. Promote community health safety and welfare by regulating the placement of unattended collection boxes for clothing and other salvageable personal property throughout the city;
ii. Recognize that placement of unattended collection boxes in a variety of conveniently accessible locations throughout the city encourages individuals to recycle textile goods rather than placing those items in the waste stream. iii. Ensure that unattended collection boxes and the contents thereof do not pose a hazard or nuisance to pedestrian or vehicular traffic; iv. Ensure that material is not allowed to accumulate outside of the unattended collection boxes where it may be scattered by adverse weather conditions, animal contact, or human activities; and,
v. Establish criteria that avoid attracting vermin, unsightliness and public health or safety hazards or nuisances.
(2) Definitions.
(a) Recyclable Material: Recyclable materials" or "recyclables" are discarded materials that are collected, separated, and processed and that can be used as raw materials in the manufacture of new products. Recyclable materials are collected and treated in a manner different from refuse.
(b) Small Recycling Facility: A center for the collection and/or processing of recyclable materials. Small recycling facilities shall not exceed 500 square feet and shall be incidental to a primary use on the site (i.e. shopping center). Such facilities collect non-hazardous 392

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recyclable materials directly from the public by donation, redemption, or purchase. Small recycling facilities generally do not use power-driven processing equipment, except for reverse vending machines, and may include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials (such as aluminum, glass, plastic, and bimetal for recycling). This definition does not include storage containers or processing activity loca ted on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
(c) Responsible Party: Responsible Party shall mean the owner of the Unattended Collection Box, the operator of the Unattended Collection Box, and the owner of the property upon which the Unattended Collection Box is placed,
(d) Unattended Collection Box: Unattended collection box shall mean any unstaffed drop- off container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing and other salvageabl e personal property.

This term does not include recycle bins for the collection of recyclable material and facilities described in (2)(b) above, or any unattended collection box located within a building.
(3) Permit Issuance.
(a) Reverse vending machine(s) located within commercial buildings, or which are located upon commercial or industrial zoned property within a ½ mile radius of each supermarket which conducts $2 million or more in sales a year, and meet the following criteria are primary uses and do not require permits by the City of Hayward. (i) The reverse vending machine(s) is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986;
(ii) The reverse vending machine(s) is established in conjunction with a commercial use, community service facility, or industrial use provided the property is in compliance with the zoning, building and fire codes of the City of Hayward; (iii) The reverse vending machine(s) does not obstruct pedestrian or vehicular circulation, including the pathway required for the handicapped access; (iv) The reverse vending machine(s) does not occupy parking spaces required by the primary use;
(v) The reverse vending machine(s) does not occupy more than 50 square feet of floor space per installation, including any protective enclosure, and is no more than 8 feet in height;
(vi) The reverse vending machine(s) is clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
(vii) The reverse vending machine(s) is maintained in a clean, litter-free condition on a daily basis;
(viii) The operating hours are at least the operating hours of the host use; 393

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(ix) The area is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
(b) An administrative use permit for small recycling facility located in commercial or industrial areas and within a ½ mile radius of each supermarket which conducts $2 million or more in sales a year, shall be issued if the applicant shows that the following conditions have been met:
(i) The small collection facility shall be established in conjunction with an existing commercial use, community service facility, or industrial use which is in compliance with the zoning, building, and fire codes of the City of Hayward; (ii) The small collection facility shall be no greater than 500 square feet and occupy no more than 5 parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; (iii) The small collection facility shall be set back at least 200 feet from any property line adjacent to property developed with residential uses and shall not obstruct pedestrian or vehicular circulation. A smaller separation between a proposed facility and residential uses may be permitted with submittal of a noise study and installation of noise reducing equipment, to the satisfaction of the Planning Director or his/her designee;
(iv) The small collection facility shall accept only glass, metals, plastic containers, papers and reusable items, not including motor oil;
(v) The small collection facility shall use no power-driven processing equipment except for reverse vending machines;
(vi) The small collection facility shall be secured from unauthorized entry or removal of material, and a collection schedule shall be posted; (vii) All recyclable materials shall be stored in containers or in the mobile unit vehicle, and materials shall not be left outside of containers when attendant is not present;
(viii) The small collection facility shall be maintained free of litter and any other undesirable materials, and the area about the machines shall be swept and cleared each day. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day; (ix) The small collection facility shall not exceed noise levels of 60 DBA as measured at the property line of residentially zoned or occupied property, other sites shall not exceed 70 DBA;
(x) Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;
(xi) Containers for the 24-hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless waived by the Planning Director;
(xii) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and 394

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display a notice stating that no material shall be left outside the recycling enclosure or containers;
(xiii) Signs for recycling facilities may be provided as prescribed in Chapter 10, Article 7, Sign Regulations, of the Hayward Municipal Code;
(xiv) The small collection facility shall not impair the landscaping required by the City for any concurrent use;
(xv) No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space shall be provided for the attendant, if needed;
(xvi) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
(xvii) Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
aa. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; bb. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; cc. The permit shall be reconsidered at the end of 18 months; dd. A reduction in available parking spaces in an established parking facility may then be allowed as follows:
• For a commercial or industrial host use:

No. of Available Parking Spaces Maximum Reduction
0—25 0
26—35 2
36—49 3
59—99 4
100+ 5

• For a community facility host use:

A maximum of five spaces reduction will be allowed when not in conflict with parking needs of the host use.
(xviii) The area is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
(c) Unattended Collection Box. A zoning conformance permit is required prior to placement of an unattended collection box on a property that is zoned General Commercial, Neighborhood Commercial, Mission Boulevard Code (MB-CN, MB-NN, MB-CC). An unattended collection box owned, operated and maintained by a currently operating primary or permitted use engaged in the collection of used textiles and that is located on the site of that use shall not require zoning conformance permit approval. However, such box shall meet all other requirements and standards as set forth in this subsection. 395

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Approval of a zoning conformance permit for an unattended collection box shall be contingent upon fulfillment of the following requirements and standards:
(i) Unattended collection boxes shall be placed on a site of an existing primary use that is in compliance with zoning, building and fire code of the City of Hayward. (ii) Unattended collection boxes shall be a minimum distance of 1,000 feet from any other permitted unattended collection box, unless of the following exceptions apply:
a. The unattended collection box owned, operated and maintained by a currently operating primary or permitted use engaged in the collection of used textiles and that is located on the site of that use; or b. The unattended collection box is included on the Inventory of Unattended Collection Boxes referenced in subsection (e)(i) below; or c. The unattended collection box has been approved as second box on the same parcel, pursuant to subsection (x).
(iii) Unattended collection boxes are prohibited on the site of solely residential development.
(iv) Unattended collection boxes shall be maintained in good condition, free of graffiti, with no structural damage, holes or visible rust. (v) The Responsible Party shall maintain a minimum of twenty feet of area surrounding the unattended collection box free of donated materials, junk, trash and debris or other salvageable personal property placed on the site. (vi) The Responsible Party shall be responsible for abatement and removal of all junk, garbage, trash, debris and other material from the unattended collection box and the immediate twenty feet surrounding the box within 24-hours of written notice from the City of Hayward. If abatement and removal is not accomplished within 24-hours of said notice, the Responsible Party shall be responsible for all costs related to abatement and removal of junk, garbage, trash, debris and other refuse material as defined above. (vii) Unattended collection boxes shall contain the following information in minimum two-inch font visible from the front of each facility: the name, address, telephone number, Internet Web address and email address of the unattended collection box owner and operator; the type of material to be deposited in the box; and, a statement that the collection box is owned by either a for-profit or nonprofit organization. If a nonprofit organization owns the unattended collection box, then the box's front must also display a statement describing the charitable cause that will benefit from the donations. (viii) Unattended collection boxes shall be locked or otherwise secured. (ix) Unattended collection boxes footprint shall not exceed 25 square feet in size, and shall not be taller than seven feet in height.
(x) No more than one unattended collection box may be placed on a parcel.

However, an operator with an approved box on a site that is in good standing may apply to amend their zoning compliance permit to allow the installation of a second box on the same parcel if the operator demonstrates that daily 396

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collection from the permitted unattended collection box fails to provide adequate storage capacity.
(xi) Unattended collection boxes shall not obstruct pedestrian or vehicular circulation and shall not be placed in required parking spaces, setbacks or the public right-of-way as defined in Chapter 10 of the Hayward Municipal Code. (xii) Unattended collection boxes shall be visible from the public right-of-way. (xiii) Unattended collection boxes shall be located no further than 10 feet from a continually operating light source of at least one foot candle. (xiv) Unattended collection boxes shall be free of any advertising which is unrelated to the business of the unattended collection box.
(xv) Unattended collection boxes shall remain in the exact location for which a permit was issued and shall not be moved unless the box is replaced with an identical box in the same location or removed from the property. (xvi) The owner or operator of a permitted unattended collection box shall report the total number of tons of material collected within the city limits. Such reporting shall be submitted in writing on an annual basis to the City's Utilities and Environmental Services Department. Written reports shall be submitted by March 30 each year for the preceding calendar year.
(d) [Reserved.]
(e) Removal of Unattended Collection Boxes and Liability. If an unattended collection box on private or public property is lacking the requisite permit, the Planning Director or designee shall have the authority to cause the abatement and removal thereof in a ccordance with the procedures outlined in Chapter 5, Article 7 (Community Preservation and Improvement) of the Hayward Municipal Code.
(f) Nothing in these regulations is intended to diminish or otherwise alter the requirements of any other federal, state or municipal law governing regulation of unattended collection boxes.
n. Temporary Uses, Minor.
(1) A Minor Temporary Use Permit is required for any of the following uses that will operate outdoors for a period of less than six months within a calendar year:
(a) Carnival/circus
(b) City sponsored/co-sponsored event
(c) Concert
(d) Cultural event
(e) Food truck/cart court
(f) Light/drone show
(g) Pop-up market
(h) Pop-up playground
(2) Application requirements. A Minor Temporary Use Permit application shall include the following:
(a) The address of the location where the proposed temporary use will occur; 397

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(b) The date(s) and time(s) that the proposed temporary use will occur; (c) A description of the location where the proposed temporary use will occur; (d) A description of the temporary use, including a description of the following if applicable:
(i) The number of employees;
(ii) The total number of attendees per day - Include estimated attendance during peak and off-peak times;
(iii) The nature and type of sound amplification;
(iv) Any vehicles stored on-site and their respective quantities and sizes; (v) How trash and recycling will be collected;
(vi) If there will be bathrooms on site;
(vii) Any food and/or beverages to be served; and
(viii) Any other information associated with the proposed temporary use as required by the Development Services Department.
(3) Limitations on Minor Temporary Use Permits.
(a) Permit may cover up to six months within each calendar year. (b) Non-permanent uses that do not fall under the criteria of this subsection shall require approval of an Administrative Use Permit.
(c) Pumpkin patch and Christmas tree lots.
(i) Pumpkin patch lots shall not be established before October 1 of each year. (ii) Christmas tree lots shall not be established before November 22 of each year. (iii) All trees or pumpkins, merchandise, debris, fences, poles, hay or sawdust and other evidence of the use must be removed within 7 days after the Halloween or Christmas Holiday.
(4) Minor Temporary Use Permit Performance Standards
(a) Attendance must be limited to between 275 and 1000 participants per day; (b) All temporary uses must end by 9pm;
(c) All temporary uses must be open to all ages;
(d) No alcohol sales are permitted;
(e) All parking and loading must be done on the lot and not on any public street. Parking areas shall be surfaced to prevent mud or dust from being tracked onto the public right -of-way. (f) All temporary uses shall comply with Airport Safety Zone requirements as defined in Chapter 10, Article 6, including height limitations, for all structures and equipment needed for set up and take down;
(g) Each Minor Temporary Use Permit is non-transferable and shall be used only at the specific premises and on the specific dates for which the use permit was issued. (5) The Development Services Department Director may deny a Minor Temporary Use Permit application for any of the following reasons:
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(a) The applicant provides false information in the application submitted for a Minor Temporary Use Permit.
(b) The business or premises for which the Minor Temporary Use Permit is requested is found to be out of compliance with applicable City, state and /or federal laws, ordinances and codes.
(6) Revocation of a Minor Temporary Use Permit.
(a) The Development Services Director shall have the authority to revoke or suspend a Minor Temporary Use Permit under this section, pursuant to the procedures of Section 10-

1.2845 of Chapter 10 of the Hayward Municipal Code. The suspension or revocation of a Minor Temporary Use Permit shall be based on one or more of the following:
(i) Any of the criteria established for the denial of a Minor Temporary Use Permit in subsection (m)(5), above.
(ii) The proposed temporary use results in a high volume of calls for service to the Police Department and/or the Code Enforcement Division.
(iii) The temporary use for which the permit was issued violates one or more of the conditions imposed upon the approved permit or the requirements of this subsection.
(b) In the event the Development Services Director revokes a Minor Temporary Use Permit pursuant to this Ordinance, no other temporary use permit shall be issued to the same applicant within a minimum of five years from the date that the denial or revocation is final.
(c) The Development Services Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Director's decision was incorrect.

The Planning Commission shall schedule a hearing within 30 days of said appe al, and its decision shall be final. Said appeals shall be filed with the Planning Division.

o. Temporary Uses, Large Outdoor EventGathering.
(1) Administrative Use Permit Required. No outdoor gathering of 1000 or more people shall be held unless an administrative use permit has first been obtained. (2) Outdoor Gathering. Any assembly, music festival, carnival, show, circus, dance, exhibition, lecture, concert, rally, party, celebration, or similar event or activity which is:
(a) Open to the public or to which members of the public are invited or admitted either for a charge or free of cost; and
(b) Held outdoors or other than in a permanent structure that was constructed for the purpose of or constructed so that it can be used for conducting such event or activity; provided, however, that the incidental use of any patio, courtyard, deck, or other are a adjacent to and outside a permanent structure (that is authorized as a permitted primary or conditional use) by participants at the event or activity shall be considered use of the permanent structure for the purposes of this provision. (3) Application. An application for an administrative use permit to hold an outdoor gathering shall be submitted to the Planning Division, setting forth the following:
(a) The location and legal owner of the premises on which the outdoor gathering is to be held;
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(b) The number of people the applicant will admit to the outdoor gathering, plans to limit admittance to the outdoor gathering to such number, and the date(s) and times during which the gathering is to be held;
(c) The applicant's plans, including ADA facilities where physically feasible, for provisions of potable water, toilet facilities, and solid waste disposal; (d) The applicant's plans for provision of parking spaces, including ADA spaces; (e) The applicant's plans for illuminating the premises if any part of the gathering is to be held within one hour before sunset or after dark;
(f) A description of all sound amplification equipment the applicant plans to use and the intensity in decibels at the property line of the premises upon which the gathering is to be held; and
(g) The applicant's plans for provision of fire control devices and method of vehicular and pedestrian access to and from the gathering.
p.k. Fence Regulations for Vacant PropertiesProperty Fencing. (1) Purpose. The purpose of this section is to set forth design and performance standards for perimeter fencing within required yards of vacant buildings and sites. (a) Vacant buildings and sites provide convenient locations and opportunities for dumping, trespassing and other illegal activities, resulting in public nuisances. (b) Installation of perimeter fencing around vacant buildings and sites discourage potential public nuisances. However, the City must balance the benefit of security and prevention of public nuisances with the aesthetic impact of excessive use of chain link f encing typically utilized to secure vacant property.
(c) The City has an interest in ensuring that highly visible perimeter fencing installed along property frontages of vacant buildings and sites is well-designed, durable, and maintained in good condition to discourage blight and trespassing on such properties and to promote the aesthetic character of the city.
(2) Applicability. These regulations shall apply to all properties that are determined to be vacant as defined in Section 10-1.3500, for a minimum of 30 days. (3) Fencing installed pursuant to this section shall comply with the following standards:
(a) A perimeter fence may be installed around a building or site that is vacant pursuant to Section 10-1.3500, Definitions.
(b) Fencing installed pursuant to this section shall not exceed six feet in height within the required setbacks.
(c) Residential, Commercial, Mission Boulevard Code, Open Space and Public Facilities Districts, except Central City Districts: Fences located along front, corner, or street side yards of properties with any frontage along roadways identified as arterial and collector streets in the City of Hayward General Plan shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, wood-plastic composite, vinyl clad chain link (black or green), fence lace style or Omega style fencing. Fencing around properties fronting roadways identified as local streets in the City of Hayward General Plan and all interior lot line fencing, regardless of location, may be chain link. (d) Central City Districts and Downtown Development Code: Fences located along property lines that front public right-of-way shall be composed of wrought iron, chain link with 400

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decorative fence screen, wood picket or rail, fence lace style or Omega style fencing.

Interior lot line fencing that does not front public right-of-way may be chain link. (e) Planned Development (PD) Districts: Fence standards for PD District properties shall be as approved in the PD District. If not specified in the PD District regulations, fence standards for vacant PD zoned properties shall be the same as those of the nearest adjacent zoning district as set forth in c and d above, and f below, as determined by the Planning Director or designee.
(f) Industrial and Other Districts: Chain link perimeter fencing may be placed around all sides of vacant properties, including those fronting public right-of-way. Such fences shall be consistent with the fence placement and height standards set forth in this subsection, unless otherwise permitted by the Planning Director or designee. (g) Alternative fencing materials for all zoning districts may be approved by the Planning Director or designee upon finding that the proposed fence material is not chain link, is durable, well-designed, and enhances the aesthetic character of the City. (4) Maintenance and Performance Standards:
(a) Fencing installed pursuant to this section shall be maintained in good condition and appearance with no structural damage, tearing, fading or visible rust, and shall be free of graffiti.
(b) Fences posts shall be installed in the ground unless the perimeter of the site is paved in which case fence panel stands may be used. Fence panel stands shall be composed of the same material as the fence, structurally sound, and hold fence panels in a fully erect position.
(c) No portion of a temporary fence, including fence panel stands or other posts, shall encroach on City-owned right-of-way, unless permitted by an approved encroachment permit.
(d) No portion of a fence installed pursuant to this section shall impair driver visibility or create a traffic hazard or otherwise violate standards set forth in Hayward Traffic Code, Article 9, Obstructions to Visibility at Intersections.
(e) Fencing standards set forth above shall not apply to safety or emergency fencing installed on a vacant property when conditions on that property cause or constitute an imminent or immediate danger to the health or safety of the public or a significant por tion thereof. (5) Appeals of reviewing authority decisions made pursuant to this chapter shall be filed and processed in accordance with Section 10-1.2845, Appeal and Review Process, of this code. (6) Implementation. All owners of vacant property with perimeter fencing that is located within required front, side and rear yards shall have one year from the effective date of these regulations to remove all non-conforming fencing. However, any non-conforming fencing that is structurally damaged, rusting, fading or tearing shall be removed or replaced within 60 days of adoption of this ordinance.
ql. Vehicle Parking, Repair, Display, and Storage Requirements. The term "vehicle" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, special interest vehicle, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle a s defined herein for living or sleeping purposes shall be prohibited except within mobile homes within an approved mobile home park.
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(1) Single-Family Residential Uses.
(a) Parking and Storage in Front Yards. Vehicles shall be parked in the required front yard only on the paved driveway which provides direct access to the garage from a public street or an approved private street, perpendicular to the street, or on a curved driveway. (b) Parking or Storage in Other Than Front Yards. Parking or storage of vehicles in areas other than the front yard is permitted subject to the following requirements:
(i) No vehicle shall be parked or stored in a required side yard or side -street yard with the following exceptions: recreational vehicles that are not self -propelled, and are less than 6 feet in height, such as a boat, compact trailer tent or similar recreational vehicle can be stored in a required side yard if screened from view from the street by a solid fence.
(ii) Parking or vehicle storage areas shall be paved with asphaltic or Portland Cement concrete and conform to City standards. A secondary driveway which provides access to a recreational vehicle storage area may be constructed with concrete, asphalt, or rock or concrete wheel tracks.
(iii) Open parking or vehicle storage areas located on lots less than 10,000 square feet in area shall not exceed 500 square feet in area (700 square feet for lots 10,000 feet or larger).
(iv) Open or covered parking areas, and garages or carports exceeding 120 square feet in area, shall be located no less than 5 feet from the side or rear property line and shall conform to all other requirements of the Zoning Ordinance and Building Code.
(2) Multi-Family Residential Uses—Prohibited Vehicles. Parking or storage of truck tractors or vehicles that are not self-propelled (trailers, boats mounted on trailers, and other vehicles or equipment of similar kind and use) are prohibited except within des ignated storage areas approved as part of the site plan review, use permit, planned development or building permit. (3) Display and Sale of Motor Vehicles. Display for sale of one motor vehicle, boat, trailer, motorhome, or other vehicle is permitted as an accessory residential use, provided said vehicle is registered to a person who currently resides on the property. Display for sale of any vehicle on any property not approved for such use is unlawful, and legal action may be taken against the vehicle owner, property owner, or both.
(4) Vehicle and Boat Repair. It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle or boat repair in any residential zone:
(a) Upon any vehicle which is not registered to a current occupant of the premises where the work is being performed; or
(b) Upon more than two (2) vehicles at one time on the same premises or by the same person; or
(c) Outside a fully enclosed structure for uses defined as major automobile repair as defined in Section 10-1.000 of this Ordinance. Minor automobile repair may be performed outside a fully enclosed structure where elapsed time between the beginning and end o f the repair does not exceed forty-eight (48) hours. Vehicle painting, other than spot painting, shall not be permitted in residential zones.
mn. Food Vendor Permit.
(1) Permit Required.
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a. No vending of food or food products shall be permitted unless a food vendor's permit has first been obtained.
b. A separate food vendor's permit shall be obtained for each approved location. (2) Permitted Locations. Food Vendors are permitted as specified in Zoning Districts, subject to the permit requirements and standards set forth below. Permits for vendors who are operating at the date of adoption of this regulation, may be renewed pursuant t o the provisions of this Section.
(3) Definitions. This Section shall apply to any mobile unit (as defined below) designed or used for the vending of food or food products from a fixed or stationary location on private property. This Section shall not apply to Catering Truck operations as defined in subsection (b) of this Section or Sidewalk Vendors, as defined in Section 6-16.30(B) of the Hayward Municipal Code. a. Approved Location - A site approved by the Planning Director from which a vendor operating from a mobile unit may sell theirhis or her products. b. Mobile Unit - Any trailer, cart, wagon, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer . c. Vending - The business of selling or causing to be sold for cash or consideration of any of the following items: food or food products whether hot, cold, freshly prepared, or packaged, such as hot dogs, sandwiches, and burritos, to be consumed for a meal or snack.

This definition includes an offer for sale. All items sold shall be capable of being consumed on site without preparation or cooking other than done by the vendor. d. Vending Equipment - Tools, umbrellas, and chair for vendor only. No accessory equipment for dining at the site is permitted. Food or food products, etc., related to vending and approved by the Planning Director.
e. Vendor - A person who is in the business of vending or theirhis or her employee(s). (4) Application.
a. An application for food vendor's permit to vend food products shall be submitted to the Planning Director on a form provided for such purpose, accompanied by payment of the fee set by Resolution of the City Council.
b. The application shall include the signature of the owner of the property upon which the applicant proposes to locate theirhis or her mobile unit indicating the property owner's permission to use the site for the purpose set forth in the application. c. In addition to the completed application, the following information shall be submitted on a form acceptable to the Planning Director:
i. Proposed location of a mobile unit plotted on a map drawn to a scale of one -inch equals 20 feet or larger, which indicates the distance to adjacent landscaping, parking stalls, buildings driveways, signs, fences, utility poles, transformers, hydrants, etc. , located within 50 feet of the location of the proposed mobile unit. ii. Plans for provisions to collect and store litter and dispose of it. iii. Scaled drawing or manufacturers information indicating the size of the mobile unit and vending equipment the applicant proposes to use.
iv. Location where vendor intends to park personal motor vehicle, location of customer parking spaces, and location where vendor intends to store overnight mobile unit. 403

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v. Description of the nature of the business and the goods to be sold. vi. Any other information deemed necessary by the Planning Director to adequately review the application, for example, photograph or rendering of mobile unit. (5) Standards. All applications for food vendor's permit shall comply with the following standards:
a. Approved locations for food vending shall not be located within 300 yards of any school. b. All mobile units shall be set back from the public street right-of-way or a private street or driveway. A food vendor shall not locate a mobile unit or vending equipment or merchandise offered for sale in such way as to block or impede or any way hamper pedestrian or vehicular movement or to cause a hazard to any pedestrian or vehicle. c. Mobile units and vending equipment shall be self-supporting and shall not be attached temporarily or permanently to trees, hydrants, utility poles or transformers, or other vertical structures or benches.
d. All mobile units with ventilating equipment shall be located 10 feet away from all buildings unless otherwise approved by the Planning Director.
e. A food vendor shall not sell any food or food products between the hours of 7:00 p.m. and 7:00 a.m. unless otherwise authorized by the Planning Director. f. No food vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound where said sound exceeds the background noise levels for adjacent uses.
g. A food vendor shall not store overnight any vending equipment or food products other than in a commissary approved by the Alameda County Department of Environmental Health Services.
h. A food vendor shall not display any signs or similar devices unless approved by the Planning Director. Signs painted on a mobile unit shall be approved by the Planning Director, and any other sign or device(s), for example, flag, pennant, balloon, may be approved at the discretion of the Planning Director if he/she finds that such sign or device does not create a safety hazard or is not aesthetically detrimental or incompatible with surrounding uses. i. Any exterior lighting shall be approved by the Planning Director and shall not create a safety hazard and shall be shielded or deflected away from adjacent properties. j. A food vendor shall maintain theirhis or her approved location in a clean and hazard-free condition. The vendor shall provide at least one 30-gallon garbage container with a swing top nearby the mobile unit for public use and shall pick up all litter generated from his or her operation within a radius of 100 feet of the approved location. A vendor shall empty the garbage container(s) daily, or more often if necessary; disposal of garbage or trash into public trash containers is prohibited.
k. The food vendor at all times shall be in compliance with all regulations of the Health Officer of Alameda County regarding operation of this use and all other applicable rules and regulations.
l. Location of a mobile unit and vending equipment shall not reduce the number of parking spaces below which are required for the permitted primary or conditional use. (6) Permit Issuance.
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a. A food vendor's permit shall be issued if the applicant satisfies the above standards and the Planning Director finds that said application complies with all pertinent regulations administered by these officials.
b. A food vendor's permit is not transferable and shall be remain valid for one year from the date of issuance. The Planning Director shall renew said permit for additional periods of one year upon payment of 50 percent of the fee for a new permit if the Planning Director determines that the applicant is then in compliance with all conditions of his or her permit.

Applications for renewal must be submitted 30 days prior to expiration of the current permit to qualify for renewal under the provisions of this Section. until the vendor ceases operations at the permitted location for a period of 6 months or longer or the permit is revoked.
(7) Permit Revocation.
a. A food vendor's permit shall be subject to revocation if the conditions of the permit or the regulations set forth or incorporated herein are violated. b. Before taking any action to revoke a permit, the Planning Director shall give notice to the permittee in writing of the proposed revocation, the reasons therefor, and the time and place the permittee will be given an opportunity to show cause to the Planning Director why the permit should not be revoked. The written notice may be served personally upon the permittee or mailed to the permittee at the address shown on the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing, the Planning Director may revoke the permit upon finding non-compliance with the conditions of the permit or the regulations herein.
c. The Planning Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Planning Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal , and its decision shall be final. Said appeals shall be filed in the Planning Division. (Amended by Ordinance 17-15, adopted Nov. 28, 2017; amended by Ordinance 19-10, adopted June 4, 2019; amended by Ordinance 20-12, adopted July 14, 2020; Amended by Ordinance 23-08, § 7, adopted October 17, 2023; Amended by Ordinance 24-01, adopted Jan. 23, 2024)

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SEC. 10-1.2750 ALCOHOLIC BEVERAGE OUTLETS
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SEC. 10-1.2750 ALCOHOLIC BEVERAGE OUTLETS1
SEC. 10-1.2750 PURPOSE.

In addition to the general purposes listed in Section 10-1.110, General Provisions, the specific purpose of the Alcoholic Beverage Outlet regulations is to provide for the orderly integration of alcohol -related uses, including the sale of wine and beer, in a manner that will protect public safety and encourage business growth. a. In adopting these regulations, it is recognized that the proliferation of establishments selling alcoholi c b
everages within the City of Hayward presents problems that affect residents, businesses, property owners, visitors, and workers in Hayward. At the same time, it is also recognized that regulations that promote responsible alcohol sales and consumption can contribute to economic vitality, particularly in the downtown area of Hayward.
b. Problems which can result include, but are not limited to, crime, littering, loitering, public intoxication, disturbance of the peace, discouragement of more desirable and needed commercial uses, and other similar problems connected primarily with the regular congregation of persons around establishments engaged in the sale of alcoholic beverages for consumption on or off the premises. c. It is also recognized that existence of such problems creates a serious impact on the peace, health, safety and welfare of residents of nearby areas including fear for the safety of children and visitors to the area, as well as contributing to the deterioration of neighborhoods and concomitant devaluation of property and destruction of community values and quality of life. d. These regulations are intended to ameliorate the types of problems identified above by restricting the location of establishments selling alcoholic beverages in relation to one another and their proximity to facilities primarily devoted to use by children and families with children. e. The use permit process is a means to review the effects of establishments selling alcoholic beverages on neighboring uses on a case by case basis, and to prevent the undue concentration of a nd
unde
sirable impacts on the community stemming from such uses by the imposition of reasonable conditions upon the operation of such uses.

SEC. 10-1.2751 DEFINITIONS.

For the purpose of these regulations, certain terms and words shall have the following meaning:
a. "Alcoholic Beverage Sales Establishment" shall mean an establishment involving the retail sale, for on - or off-premises consumption, of liquor, beer, wine, or other alcoholic beverages. All alcoholic beverage sales establishments are required to obtain the appropriate license from the State of California Department of Alcoholic Beverage Control (ABC), and an annual alcoholic beverage retail license and a conditional use permit from the City, unless otherwise indicated in these regulations. The fees for th e
a
nnual alcoholic beverage retail licenses shall be established by the City Council from time to time in the City's Master Fee Schedule, and is payable at the time the establishment obtains or renews its business license.
1Ordinance 13-12, adding Sections 10-1.2750 through 10-1.2776, Chapter 10, Article 1 of the Hayward Municipal Code relating to Alcohol Beverage Regulations, adopted November 19, 2013.

Attachment IV, Exhibit E
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i. "On-Sale Alcohol-Related Establishment" means any business wherein liquoralcoholic beverages areis sold on the premises and are to be consumed on the premises including all related buildings, structures, open spaces and parking areas. This shall also include any facility, inclusive of a portion thereof, which is rented out for special event functions w herein alcoholic beverages are sold or given away on the premises and are to be consumed on the premises. ii. "Off-Sale Alcohol-Related Establishment" means any business that sells liquor alcoholic beverages in original, unopened packages for consumption off of the premises where sold. b. “Brewery/Winery/Cidery” is defined as an establishment where malt liquors (beers), wines, or alcoholic ciders, and/or kombuchas are manufacturesd, and/or served, and/or stored. All alcoholic beverage sales establishments are required to obtain the appropriate license from the State of California Department of Alcoholic Beverage Control (ABC), and an annual alcoholic beverage retail license and administrative use permit (if applicable) from the City, unless otherwise indicated in these regulations c. "Cabaret" is defined in Chapter 6, Article 2 of this Code. All cabarets that serve alcohol must obtain a conditional use permit, unless the cabaret has deemed approved status as defined herein, and has obtained a cabaret license as required by Chapter 6, Article 2 of this code. d.c. "Critical Incident" means any event that, in the sole discretion of the Chief of Police, results in a crime of violence; or a large, unruly gathering necessitating a police response of five (5) or more police officers, directly or indirectly resulting from the operation of an alcoholic beverage sales establishment.

Crimes of violence include but are not limited to discharge of firearms, robbery, physical assault or assault with a deadly weapon. Police response is the arrival of a police officer at the scene of a disturbance to render whatever service is reasonably required in order to protect public health, safety or welfare.
ed. "Deemed Approved Alcoholic Beverage Establishments" means those establishments identified in Section 10-1.2767.
f. “Distillery” means an alcoholic beverage sales establishment where distilled spirits are made. Tasting distilled spirits may be included as an accessory use, but the distillery cannot operate as a bar. ge. "Downtown Entertainment Area" means that area generally between A and D Streets and between Second Street and Grand Street.
hf. "Licensee" means the holder of an ABC license, an alcoholic beverage retail license, a cabaret license and/or a use permit for the operation of an alcoholic beverage sales establishment. ig. "Liquor store" is defined in Section 10-1.3500 of this Ordinance ("Definitions"). All liquor stores must obtain a conditional use permit, unless the liquor store has deemed approved status as hereinafter provided. Liquor stores shall not be permitted in the Downtown Entertainment Area, until such time as ABC indicates that the census tract encompassing the Downtown Entertainment Area does not have an overconcentration of off-sale ABC licenses.
jh. "Night Club" see definition of "Bar" in Section 10-1.3500 of this Ordinance ("Definitions"). All night clubs must obtain a conditional use permit, unless the night club has deemed approved status as hereinafter provided. Any night club that permits dancing or live entertainment on a regular basis must obtain a cabaret license as required by Chapter 6, Article 2 of this code, in addition to a conditional use permit.
ki. "Restaurant—Full Service." A "full service restaurant" means a sit-down alcoholic beverage sales establishment which is regularly used and kept open for the primary purpose of serving meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for such meals, and which may include an incidental bar, cocktail lounge, or other area designated primarily for the service of 407

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alcohol on the premises, which operates as part of the restaurant and is subservient to the primary function of the establishment, and which maintains a minimum of 50 percent of its gross receipts from the sale of meals. Full service restaurants may consist of an arrangement wherein one entity or individual owns the alcoholic beverage sales establishment and leases its kitchen facilities to a separate entity or individual who owns and/or provides the meal service to the establishment's customers; however, such full service restaurants may only be allowed to operate under either a: (1) Type 41; (2) Type 47; or (3) Type 75 California Department of Alcoholic Beverage Control license. Kitchen facilities may be located either physically within the alcoholic beverage sales establishment or within a separate, freestanding, permanently constructed structure or structures situated on the same property and designed to comply with all applicable development standards of the zoning district in which the property is located. For purposes of these regulations, a full-service restaurant does not include fast food restaurants. For the purpose of verifying compliance with the foregoing sales requirement, the sales receipts, accounting ledgers, and any other business records pertaining to the sales of food and alcohol shall be open for inspection by the Chief of Police or his or her designee during regular business hours of the restaurant upon seventy-two (72) hours' prior written notice. Full-service restaurants may operate without a conditional use permit, provided that the restaurant observes the performance standards set forth in Section 10-1.2752 and meets the following criteria:
(1) A full service restaurant shall serve meals to guests at all times the establishment is open for business. An establishment shall not be considered a full-service restaurant if it serves alcohol without meal service being providedoffered.
(2) Any bar/lounge area cannot remain open when the dining area is closed. However, the dining area may be open while the bar/lounge area is closed.
(3) A full service restaurant may offer live or recorded music until midnight without a cabaret license or Limited Entertainment pPermit, provided the music is within the parameters established by the City's Noise Ordinance. Dancing or other form of live entertainment besides music is not allowed unless a conditional use permitLimited Entertainment Permit and aor cabaret license or permit is obtained, in accordance with Chapter 6, Article 2 of this Code. The right to have live or recorded music in a full-service restaurant may be revoked or suspended if violations of the requirements in this section or performance standards contained in Section 10 -1.2752 occur, in accordance with the procedures outlined in Section 10-1.2770 of these regulations. (4) A full service restaurant may offer reduced price alcoholic beverages served on the premises between the hours of 3:00 p.m. and 8:00 p.m., provided that such beverages are offered in conjunction with reduced price appetizers and reduced price non-alcoholic beverages. The right to have reduced price alcoholic beverages in a full-service restaurant may be revoked or suspended if violations of the requirements in this Section or performance standards contained in Section 10-1.2752 occur, in accordance with the procedures outlined in Section 10-1.2770 of these regulations.
j. "Wine Shop" is defined in Section 10-1.3500 of this Ordinance ("Definitions"). All wine shops must obtain an administrative use permit, unless the wine shop has deemed approved status as hereinafter provided.
(Amended by Ordinance 23-03, § 2, adopted March 28, 2023) SEC. 10-1.2752 PERFORMANCE STANDARDS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS.

All alcoholic beverage sales establishments shall abide by all of the following performance standards:
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a. The establishment does not result in adverse effects to the health, peace or safety of persons residing, visiting, or working in the surrounding area; and
b. The establishment does not result in jeopardizing or endangering the public health or safety of persons residing, visiting, or working in the surrounding area; and c. The establishment does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning ho urs, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; and d. The establishment does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute; and
e. The establishment's upkeep and operating characteristics are compatible with and do not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood; and
f. The establishment's employees, except those employees with no customer contact, attend and successfully complete a training class on Responsible Beverage Service within ninety (90) days of being employed (exempting employees at retail stores having 10,000 square feet or more of floor area and which devote not more than five (5) percent of such floor area to the sale, display, and storage of alcoholic beverages); and
g. The establishment complies with all of ABC's Retail Operating Standards; and h. The establishment does not sell alcoholic beverages to minors; and i. The establishment makes information available to patrons on safe alternatives for getting home, such as taxicab, public transit, or rideshare services, to the satisfaction of the Chief of Police (this standard applies to on-sale alcohol-related establishments only). j. For automobile service stations engaged in the concurrent sale of fuel and alcoholic beverages :
(1) There shall be no display of alcoholic beverages within five feet of the cash register unless in a permanently affixed cooler.
(2) Advertising of alcoholic beverages at motor vehicle fuel island is prohibited. (3) There shall be no sale of alcoholic beverages from a drive-in window. (4) Alcoholic beverages shall not be displayed or sold from an ice tub. (5) Self-illuminated advertising for liquor on buildings or windows is prohibited. (6) 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.
(Amended by Ordinance 23-03, § 2, adopted March 28, 2023) SEC. 10-1.2753 SECURITY REQUIREMENTS FOR ON-SALE ALCOHOL-RELATED ESTABLISHMENTS WITH CABARET LICENSES.

All on-sale alcohol-related establishments that offer entertainment pursuant to a cabaret license or cabaret permit shall comply with the performance standards of Chapter 6, Article 2, "Cabarets and Dances." 409

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SEC. 10-1.2754 CONDITIONAL USE PERMITS FOR NEW ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS.

Except as otherwise provided herein, no new alcoholic beverage sales establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such establishment. A conditional use permit is not required if the establishment is one of the following:
a. Retail stores having 10,000 square feet or more of floor area and which devote not more than five (5) percent of such floor area to the sale, display, and storage of alcoholic beverages; b. An establishment that has a Type 20, 23, 40, 41, 59, 60, or 75 ABC license and only serves or sells beer, wine, alcoholic cider, and/or kombucha;
c. Full-service restaurants;
d. Distilleries; or
ec. Special event functions such as neighborhood or community festivals, provided all of the following criteria are met:
(1) The person, group, business, or organization sponsoring the event secures all applicable permits from the City of Hayward;
(2) The person, group, business, or organization sponsoring the event obtains a temporary on- sale ABC license for each of the dates the event will be held; and (3) The duration of the event does not exceed three (3) consecutive days or five (5) days in any single calendar year, such as the Russell City Blues Festival and the summer street parties sponsored by the Chamber of Commerce.

SEC. 10-1.2755 POSTING CONDITIONS OF APPROVAL.

A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and posted in a place where it may readily be viewed by the general public.

SEC. 10-1.2756 FINDINGS.

In making the findings required by Section 10-1.2815 governing conditional use permits, the Planning Director, or the Planning Commission on referral or appeal, shall consider whether the proposed use will result in an undue concentration in the area of establishments dispensing alcoholic beverages. The Planning Commission, or City Council on referral or appeal, shall also consider whether the proposed use will detrimentally affect the surrounding neighborhood after giving consideration to the distance of t he proposed use from the following uses:
residential structures, churches, schools, public playgrounds and parks, recreation centers, and other similar uses.

SEC. 10-1.2757 APPLICATION FOR CONDITIONAL USE PERMIT.

In addition to the requirements set forth in Section 10-1.2815 and any other applicable City regulation, an application for a conditional use permit shall set forth and include the following:
a. The type of ABC license the applicant is seeking for the establishment; and b. The true and complete name and address of each lender or shareholder with a five (5) percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid; and
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c. A statement by the applicant indicating whether or not such applicant has at any time been convicted of any crime other than minor traffic offenses and, if so, the nature of the crime for which the applicant was convicted and the date and jurisdiction of the conviction.

SEC. 10-1.2758 REQUIREMENTS FOR NEW ON-SALE ALCOHOL-RELATED ESTABLISHMENTS. a. With the exception of the Downtown Entertainment Area, no new on -sale alcohol-related establishment shall be permitted within a radius of five hundred (500) feet of any other on- sale or off-sale alcohol-related establishment (with the exception of new or existing establishments which are exempted under Section 10 -

1.2754), or within five hundred (500) feet of any school, public park, library, playground, recreational center, day care center, or other similar use.
b. Notwithstanding the above:
(1) Outside the Downtown Entertainment Area, the Planning Commission may recommend to the City Council a lesser alternative distance requirement in a particular instance, if it is found that the public convenience and necessity will be served by an alternate distance requirement and that alternative measures to assure public health and safety are in place with respect to sale and use of alcoholic beverages.
(2) Within the Downtown Entertainment Area, no on-sale alcohol-related establishment shall be established or maintained within a radius of one hundred (100) feet of any off -sale alcohol-related establishment (with the exception of new or existing establishments which are exempted under Section 10-1.2754), or of any school, public park, library, playground, recreational center, day care center, or other similar use. However, on-sale alcohol-related establishments that front B Street between Watkins Street and Foothill Boulevard, or Main Street between A and C Streets, shall not be restricted with respect to proximity to any school, public park, library, playground, recreational center, day care center, or other similar use.
(3) Within the Downtown Entertainment Area, no more than two (2) on-sale alcohol-related establishments shall be permitted per block side or face, with the exception of new or existing establishments that are exempted under Section 10-1.2754. Determination of location on a block side or block face shall be made by referring to the street address of the on -sale alcohol-related establishments on a block between the two immediate cross streets.

SEC. 10-1.2759 REQUIREMENTS FOR NEW OFF-SALE ALCOHOL-RELATED ESTABLISHMENTS.

With the exception of the Downtown Entertainment Area, no new off -sale alcohol-related establishment will be permitted within a radius of five hundred (500) feet of any other on- sale or off-sale alcohol-related establishment (with the exception of new or existing establishments which are exempted under Section 10 -

1.2754), or within five hundred (500) feet of any school, public park, library, playground, recreation center, day care center, or other similar use.

SEC. 10-1.2760 CONDITIONS OF APPROVAL.

To implement official City policy and to attain the purpose for requiring use permit approval, as stated in Sections 10-1.3105, 10-1.3205 and Section 10-1.2750, as applicable, as well as the findings listed in Sections 10-

1.3125 and 10-1.3225, as applicable, the Planning Commission, or the City Council on referral or appeal, decision- making body may attach to approvals such conditions as it deems necessary. Violations of any of these conditions unless explicitly stated otherwise are independent grounds for permit revocation. These conditions may include, but are not limited to:
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a. Commission by the licensee or any employee of the licensee of a criminal offense for which: 1) the licensed establishment was the location where the offense was committed or where there is a direct correlation between the licensee's establishment and the criminal offense; and 2) such criminal offense is found to be detrimental to the public health, safety, or general welfare. b. Alcoholic beverage sales establishments shall provide exterior lighting that is adequate for the illumination and protection of the premises. Lighting shall be installed in such a manner that it does not shine into adjacent residential properties.
c. Alcoholic beverage sales establishments with off-sale privileges shall prominently post a sign on the exterior of the premises stating that consumption of alcoholic beverages in public is prohibited by law pursuant Chapter 4 of the Hayward Municipal Code.
d. Alcoholic beverage sales establishments shall discourage patrons and visitors from loitering in public rights-of-way, parking areas, and in front of adjacent properties. e. No beer or malt liquor shall be sold in bottles or containers larger than twelvesixteen (1216) ounces for off-site consumption.
f. Beer and malt liquor in containers of up to twelvesixteen (1216) ounces or less shall not be sold in units of less than one sixfour-pack for off-site consumption. g. Wine shall not be sold in bottles or containers smaller than seven hundred fifty (750) ml and wine coolers shall not be sold in containers smaller than twelve (12) ounces and in units of less than one four-pack for off-site consumption.
h. Distilled spirits shall not be sold in bottles or containers smaller than seven hundred [fifty] (750) ml for off-site consumption.
i. Consumption of alcoholic beverages shall not be permitted on any property adjacent to the licensed premises which is also under the control of the owner of the alcoholic beverage sales establishment. j. Alcoholic beverage sales establishments shall maintain trash and garbage storage areas that are enclosed by a solid fence or wall and screened from the view of abutting properties or the public right - of-way.

SEC. 10-1.2761 EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

Any alcoholic beverage sales establishment lawfully operating prior to the effective date of these regulations and licensed by ABC for the retail sale of alcoholic beverages for on -site or off-site consumption may continue such operations after the effective date of these regulations. Upon the occurrence of any of the following, however, operation of the establishment shall require approval of a conditional use permit:
a. The alcoholic beverage sales establishment changes its type of ABC license within a license classification; or
b. There is a substantial change in the mode or character of operation. As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, expansion in the amount of area devoted to the sales or consumption of alcoholic beverages, a pattern of conduct in violation of other laws or regulations, or a cessation of use for a period of six (6) months or more.

SEC. 10-1.2762 MODIFICATIONS IN PERMITTED ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS.

Any licensed alcoholic beverage sales establishment operating under either a conditional or an administrative use permit after the effective date of these regulations shall apply for a modification of its use 412

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permit pursuant to Sections 10-1.3160 or 10-1.3260 of the Hayward Municipal Code, as applicable, when either of the following occurs:
a. The alcoholic beverage sales establishment changes its type of ABC license within a classification; or b. There is a substantial change in the mode or character of operations of the alcoholic beverage sales establishment as defined in Section 10-1.2761.

SEC. 10-1.2763 NOTICE.

In addition to the notice required by Section 10-1.2820, in the case of applications for conditional use permits or appeals of administrative use permits pursuant to these regulations, notice shall also be provided to occupants of buildings located on parcels within five hundred (500) feet of the perimeter of the subject property for which use permit approval is sought.

SEC. 10-1.2764 LETTER OF PUBLIC CONVENIENCE OR NECESSITY.

The Planning Director is authorized to issue letters of public convenience or necessity to ABC for alcoholic beverage establishments that have approved conditional or administrative use permits or where the establishment engaged in the sale of alcoholic beverages is exempt from a conditional use permit. No finding of public convenience or necessity shall be made to ABC in connection with the licensing of bars or liquor stores in any Census tract in which ABC indicates that there is an over-concentration of ABC licenses, unless the Planning Commission, or City Council on appeal or call-up, makes the findings contained in Section 10-1.2756 and approves new bars with a super-majority vote of at least five members (i.e., at least two-thirds of its members).

SEC. 10-1.2765 EMERGENCY ACTION TO ABATE IMMINENT THREATS TO PUBLIC HEALTH, SAFETY OR WELFARE; SUMMARY SUSPENSION PROCEDURES.

Whenever the Chief of Police, after consultation with the City Manager and the City Attorney, or their respective designees, determines that the operation of an alcoholic beverage sales establishment has caused an imminent threat to public health, safety or welfare requiring immediate emergency action, the following procedures will be implemented:
a. Informal Procedure. The Chief of Police or designee will attempt to contact the licensee informally by telephone, by electronic communication, in-person meeting or by such other means of communication that the Chief reasonably determines will result in notice to the licensee of the imminent threat and the need for emergency action. The Chief will attempt to discuss with the licensee the circumstances resulting in the imminent threat to public health, safety or welfare and to obtain the licensee's consent for voluntary compliance measures that will, in the reasonable judgment of the Chief of Police, effectively abate the imminent threat to public health, safety or welfare. The informal procedure described in this subsection shall not prohibit the Chief of Police or designee from issuing a notice of suspension pursuant to subsection (b) below if:
(1) The attempt to contact the licensee fails; or
(2) The licensee fails or refuses to immediately implement the voluntary compliance measures that the Chief of Police deems will effectively abate the imminent threat; or (3) The Chief of Police determines that the compliance measures that the licensee implements are insufficient to effectively abate the imminent threat and there are no reasonably feasible additional voluntary compliance measures that would abate the imminent threat; or 413

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(4) The Chief of Police determines that the threat to the public health, safety or welfare is so urgent that compliance with the informal procedure set forth above will further jeopardize the public, health, safety or welfare.
b. Summary Suspension. The Chief of Police, after consultation with the City Manager and the City Attorney, or their respective designees, may summarily suspend the alcoholic beverage sales establishment's City-issued license or permit to operate, for a period of time not to exceed thirty (30) days, if the Chief, the City Manager and the City Attorney, or their respective designees, determine that one or more of the following conditions exist:
(1) There is an urgent need to take immediate action to protect the public from a substantial threat of serious bodily injury or death existing on or within one hundred (150) feet of the alcoholic beverage sales establishment; or
(2) There has been a violation of the alcoholic beverage sales establishment's license or permit or other state, local or federal law or regulation that creates an imminent threat to the public health, safety or welfare on or within one hundred fifty (150) fe et of the licensed establishment; or
(3) The licensee has conducted the operation of the alcoholic beverage sales establishment in a manner that creates or results in a public nuisance as defined by Section 4 -1.00 of this Code or California Civil Code Sections 3479 and 3480, and that the public nuisance creates an imminent threat to public health, safety or welfare on or within one hundred fifty (150) feet of the licensed establishment.
c. Notice of Summary Suspension. The summary suspension shall take effect immediately on service of written notice to the licensee of the summary suspension. Written notice shall be provided by personal service on the licensee or, if personal service is not feasible, by U.S. mail and posting in a conspicuous place at the alcoholic beverages sales establishment. The written notice of summary suspension shall include the following information:
(1) The effective date and the period of the summary suspension; and (2) The grounds and reasons upon which the summary suspension is based; and (3) The process and time deadline for requesting an administrative hearing before the Chief of Police, the City Manager and the City Attorney, or their respective designees (the "Summary Suspension Reviewing Officials") to appeal the summary suspension; and (4) A copy of these Alcohol Beverage Outlet regulations governing summary suspensions. d. Duration of Summary Suspension. The summary suspension shall remain in effect until the earliest of the following occurs:
(1) The Chief of Police amends the notice of summary suspension to shorten the time period the suspension remains in effect; or
(2) The Summary Suspension Reviewing Officials issue a decision after a conducting hearing that modifies or overrules the summary suspension; or
(3) Thirty (30) days have passed since the written notice of summary suspension was served. e. Appeal of Summary Suspension.
(1) If the licensee wishes to appeal the summary suspension, the licensee must file a written request for an administrative hearing before the Summary Suspension Reviewing Officials with the Chief of Police within three (3) business days of service of the notice of summary suspension. The written request shall set forth the grounds for challenging the summary suspension and contact 414

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information for the receipt of future notices from the City. If the Chief of Police does not receive a written request for a hearing within this time period, the notice of summary suspension shall become final.
(2) The administrative hearing shall be conducted by the Summary Suspension Reviewing Officials within five (5) business days of receipt of the licensee's request for the hearing, unless the licensee requests an extension of time.
(3) The Chief of Police shall serve written notice of the hearing on the licensee not later than two (2) business days after receipt of the written request for the hearing from the licensee. The notice of hearing shall contain the date, time and place where the hearing will be conducted. Service of the notice of hearing shall be made in accordance with the contact information provided by the licensee.
(4) At the hearing, the licensee shall be given the opportunity to present evidence that either rebuts the grounds for which the summary suspension was issued or demonstrates that the reason or reasons leading to the summary suspension have been mitigated or corrected. The hearing will be conducted informally and technical rules of evidence shall not apply. All evidence that the Summary Suspension Reviewing Officials deem reliable, relevant and not unduly repetitious may be considered.
(5) Following the conclusion of the hearing, the Summary Suspension Reviewing Officials shall issue a decision that affirms, modifies or overrules the summary suspension. If the summary suspension is modified or affirmed, additional conditions may be imposed on the license and/or use permit, provided those additional conditions were reviewed at the hearing and those additional conditions are intended to protect public health, safety and welfare or prevent the conduct or condition that gave rise to the summary suspension.
(6) The Summary Suspension Reviewing Officials shall either issue an oral decision at the close of the hearing or the Chief of Police may communicate the decision by telephone within twenty -four (24) hours after the close of the hearing. In addition, the licensee shall be served with a written decision within three (3) business days after the close of the hearing. The Summary Suspension Reviewing Officials' decision shall be final on the tenth (10) after the written decision is served, unless appealed as set forth in this subsection.
(7) The licensee may appeal the decision of the Summary Suspension Reviewing Officials to the Planning Commission as provided in Section 10-1.2845. Decisions of the Planning Commission may be appealed by the licensee to the City Council as provided in Sections 10- 1.2825(b) and 10-

1.2845. Decisions of the City Council are final.
(8) Costs of the administrative hearings authorized by this subsection may be established by the City Council from time to time in the Master Fee Schedule and shall be paid by the licensee. (9) The failure of any licensee to receive any notice required by this subsection shall not affect the validity of any proceeding hereunder.

SEC. 10-1.2766 CRITICAL INCIDENT RESPONSE FEE FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS.

In addition to all other fees imposed in accordance with these Alcoholic Beverage Outlet regulations, a critical incident response fee shall be imposed on the party responsible for such incident, including those with deemed approved status as hereinafter provided, whenever the police department responds to a critical incident at or directly or indirectly arising from the operation of an alcoholic beverage sales establishment, and determines through investigation such party is responsible for such incident. No warning shall be required before the 415

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imposition of the critical incident response fee. The critical incident response fee shall be the actual cost of police and fire department services, including but not limited to personnel, equipment and mutual aid response costs.

The Chief of Police shall provide the party responsible for such incident with an itemized bill for the critical incident, which shall be due and payable in full within thirty (30) days of delivery.

SEC. 10-1.2767 LEGAL NONCONFORMING ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS; DEEMED APPROVED STATUS.

All establishments engaged in on-sale or off-sale alcoholic beverage sales that were legal and nonconforming uses on the date these Alcoholic Beverage Outlet regulations became effective shall automatically be deemed approved uses as of the effective date of these Alcoholic Beverage Outlet regulations and shall no longer be considered legal, nonconforming uses. Each such deemed approved use may continue to lawfully operate, provided that it does not change its type of retail ABC license or substantially cha nge its mode of operation, as provided in Section 10-1.2761, and provided that it is operated and maintained in compliance with the "deemed approved performance standards" set forth in Section 10-1.2769.

SEC. 10-1.2768 NOTIFICATION TO OWNERS OF DEEMED APPROVED STATUS.

The Planning Manager or his or her designee shall notify the owner of each deemed approved alcoholic beverage sales establishment, and the property owner if not the same, of the establishment's deemed approved status. Such notice shall be sent via certified mail return receipt requested and shall include a copy of the deemed approved performance standards, with the requirement that these standards be posted in a conspicuous and unobstructed place visible from the entrance of the establishment; that a fee is required and the amount of such fee; and that the establishment is required to comply with all aspects of the deemed approved regulations.

SEC. 10-1.2769 DEEMED APPROVED PERFORMANCE STANDARDS.

An alcoholic beverage sales establishment shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:
a. It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;
b. It does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;
c. It does not result in repeated nuisance activities within the premises or in close proximity to the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic vi olations, curfew violations, lewd conduct, or police detentions and arrests; d. It does not result in violations of any applicable provision of any other City, state, or federal regulation, ordinance or statute; and
e. Its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood; and f. The establishment's employees, except those employees with no customer contact, attend and successfully complete a training class on Responsible Beverage Service within ninety (90) days of being employed; and
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g. The establishment complies with all of ABC's Retail Operating Standards; and h. The establishment does not sell alcoholic beverages to minors; and i. The establishment makes information available to patrons on safe alternatives for getting home, such as taxicab, public transit, or rideshare services, to the satisfaction of the Chief of Police (this standard applies to deemed approved on-sale alcohol-related establishments only). (Amended by Ordinance 23-03, § 2, adopted March 28, 2023) SEC. 10-1.2770 PROCEDURE FOR ENFORCEMENT OF DEEMED APPROVED PERFORMANCE STANDARDS.
a. When the City Manager or his or her designee determines that a deemed approved alcoholic beverage sales establishment is operating in violation of the deemed approved performance standards, the City may issue a written notice of violation to the owner of the alcoholic beverage sales establishment and the property owner, if not the same. The notice of violation shall be sent by certified mail. Failure of any person to receive notice given pursuant to this section shall not affect the validity of any proce eding that may occur hereunder. b. Notice of violation shall describe the nature of the violation, the corrective action to be taken and the time within which the corrective action must be taken. A notice of violation shall also either:
(1) Include a warning that a failure to correct the violation within the required time may result in the revocation of the establishment's deemed approved status and the imposition of penalties as provided in the City's Master Fee Schedule; or
(2) Provide notice that a public hearing before the Planning Commission will be scheduled, as provided in Section 10-1.2820, at which the Planning Commission shall determine whether the alcoholic beverage sales establishment as operated or maintained constitutes a nuisance and/or whether the establishment is in violation of any other applicable requirements. c. After such notice and public hearing the Planning Commission may modify or revoke the deemed approved status of the alcoholic beverage sales establishment. Any such action shall be supported by written findings that the establishment as operated or maintained constitutes a nuisance. As part of any modification, the Planning Commission may impose such conditions as the Planning Commission deems appropriate, including those necessary to obtain compliance with the deemed approved performance standards, to o btain compliance with other applicable laws and to protect the public health, safety and general welfare. If the Planning Commission determines that the establishment's deemed approved status should be revoked, the Planning Commission must find that the imposition of additional conditions on the alcoholic beverage sales establishment is not feasible.
d. In deciding whether an alcoholic beverage sales establishment has violated the deemed approved performance standards, and/or in determining the appropriateness of modifying or revoking the deemed approved status, the Planning Commission may consider all of the evidence in the record, including, but not limited to the following:
(1) The length of time the establishment has been in violation of the deemed approved performance standards;
(2) The nature and impact of the violation of the performance standards on the community; (3) Reasonable steps that the ABC licensee has taken, pursuant to California Business and Professions Code section 24200 to remedy the violation. "Reasonable steps" to remedy a violation include but are not limited to calling the police department in a timely manner; requesting that the persons engaging in activities causing violations of the deemed approved performance standards cease such activities, 417

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unless the ABC licensee or his or her employees or agents reasonably believe that their personal safety would be threatened in making that request; and making improvements to the establishment's property or operations. Operators of deemed approved establishments are encouraged to call the police department to handle violations of the deemed approved performance standards. Accordingly, in order to avoid discouraging such calls for service, a violation of the deemed approved performance standards may not be based solely on the number of police calls for service that an establishment generates.
e. The decision of the Planning Commission shall be final unless appealed to the City Council in accordance with Sections 10-1.2825(b) and 10-1.2845. The decision of the City Council shall be final. f. This Section is not intended to restrict the powers and duties that may otherwise apply to deemed approved alcoholic beverage sales establishments and those persons or entities authorized to require conformance with applicable law. In the event of a conflict of law, the more restrictive provision controls.

SEC. 10-1.2771 REVOCATION OF DEEMED APPROVED STATUS.

An alcoholic beverage sales establishment that has been determined to be in noncompliance with the deemed approved performance standards and has had its deemed approved status revoked shall no longer be considered a legal use and shall cease operation immediately.

SEC. 10-1.2772 LIABILITY FOR EXPENSES.

Any person who is found to have violated the Alcoholic Beverage Outlet regulations shall be liable for such costs, expenses and disbursements paid or incurred by the City or any of its contractors in the correction, abatement, prosecution of, or administrative hearing on, the violation. Re -inspection fees to ascertain compliance with previously noticed violations shall be charged to the owner of the establishment, as may be set by the City Council in the Master Fee Schedule.

SEC. 10-1.2773 INSPECTION AND RIGHT OF ENTRY.

To the extent permissible by law, the Chief of Police, the City Manager, the City Attorney, or their respective designees, shall have the right to enter and inspect any alcoholic beverage sales establishment for the purpose of ensuring compliance with the requirements of these regulations, provided that any such entry and inspection shall be conducted in a reasonable manner whenever there is reason to suspect a violation of any of the provisions of the Alcoholic Beverage Outlet regulations. If the licensee or his or her agents refuse permission to enter, inspect or investigate the alcoholic beverage sales establishment, the Chief of Police, the City Manager or the City Attorney, or their respective designees, may seek an inspection warrant pursuant to the pr ovisions of California Code of Civil Procedure Sections 1822.50 et seq., or any successor legislation thereto.

SEC. 10-1.2774 NUISANCE.

It shall constitute a nuisance for any person to operate an alcoholic beverage sales establishment, including deemed approved establishments, in violation of these Alcoholic Beverage Outlet regulations.

SEC. 10-1.2775 CUMULATIVE REMEDIES.

Any person who violates any provision of the Alcoholic Beverage Outlet regulations is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The remedies provided in these regulations shall be cumulative and may include administrative citation pursuant to Chapter 1, Article 7 of this Code, in addition to any other procedures provided in the Hayward Municipal Code or 418

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by state law, for the abatement of any violation of the Alcoholic Beverage Outlet regulations. Administrative action hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such violation. The fines and penalties for violations of the Alcoholic Beverage Outlet regulations shall be established by the City Council in the Master Fee Schedule.

SEC. 10-1.2776 ANNUAL REPORT.

An annual report shall be provided to the City Council regarding the implementation of these provisions unless Council no longer requests such report.

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SEC. 10-1.3280 MAJOR CONDITIONAL USE PERMIT

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Attachment IV, Exhibit F
SEC. 10-1.3280 MAJOR CONDITIONAL USE PERMIT
SEC. 10-1.3281 PURPOSE.

The purpose for requiring major conditional use permit approval are to assure certain uses, as specified in the various districts, are permitted by the City Council where there is a community need, and to assure said uses occur in maximum harmony with the area, provide sufficient public benefit, and are in accordance with official City policies. All conditions of approval and all elements of the exhibit approved with the use permit are required to be completed before occupancy or onset of business unless specifically indicated otherwise.

SEC. 10-1.3282 WHEN REQUIRED.
a. General. All uses requiring use permit approval, as specified in the various zoning districts of this Ordinance, are subject to the regulations and procedures contained herein, except that expansion or remodeling in connection with a use existing by virtue of an approved use permit does not require further use permit approval if, in the opinion of the Planning Manager, said expansion or remodeling are minor in nature and will not materially alter the character or appearance of the property or area. b. Site Plan Review. When the provisions of this Ordinance require both site plan review and use permit approval, an application for a use permit constitutes an application for both. Information as required for site plan review must be furnished by the applicant, and decisions regarding the site plan must be made according to the guidelines set forth for site plan review.

SEC. 10-1.3283 APPLICATION FORM AND SUBMITTAL.
a. An application for a major conditional use permit shall be submitted as specified in Section 10-

1.2815. See additional requirements for data centers in Section 10-1.2735(e). b. Applications for major conditional use permit shall contain plans, diagrams, and narrative necessary to demonstrate the relationship among neighboring land uses to demonstrate how the proposed development will comply with the General Plan, Zoning Ordinance and any other applicable plan or program, including:

1. Project Narrative. A project narrative describing existing conditions such as location of the site, acreage, existing character and use of the site and adjoining properties, and the proposed development, uses and activities;

2. Site Plan. A site plan indicating existing and proposed uses, location and dimension of buildings and structures, gross floor area of existing and proposed structures, identification of structures to be demolished or removed;

3. Project Plans. Architectural plans, including floor plans, landscaping plans, grading and utility plans, and any other plans necessary to show existing and proposed development ;

4. Development Schedule. An anticipated development schedule, including timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase, and percentage of such acreage to be devoted to particular uses;

5. Context Map. A map showing the perimeter boundaries of the project site and all uses and structures within a 100-foot radius of the project area boundaries; 420

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6. Circulation Diagram. A circulation diagram indicating proposed movement of vehicles, goods, and pedestrians within the site and to and from adjacent areas, including streets and driveways, transit stops, bicycle paths, sidewalks and pedestrian ways, and off -street parking and loading areas within and connecting to the site;

7. Sustainability Plan. A plan that incorporates best practices of sustainability for the proposed business operations and site-specific improvements. The plan may include, but shall not be not limited to, energy and water conservation and efficiency measures, strategies to reduce air emissions, and recycling practices;

8. Neighborhood Compatibility Plan. A plan that demonstrates how the management and operation of the proposed use will be compatible with the surrounding neighborhood, including proposals to mitigate potential negative impacts;

9. See additional requirements for data centers in Section 10-1.2735(e); and

10. Other Information. Any other information deemed necessary by the Director to ascertain if the project meets the required findings for a major conditional use permit .

SEC. 10-1.3284 ADMINISTRATIVE OPTIONS.

If after applying for a major conditional use permit application, the applicant fails to provide changes or additional information necessary to make a decision on the project and there is no activity taking place in connection with the application for a period of 6 months, the applica tion shall be closed and the applicant so informed.

SEC. 10-1.3285 FINDINGS.

The City Council may approve or conditionally approve an application when all of the following findings are made:
a. The proposed use is desirable for the public convenience or welfare; b. The proposed use will not impair the character and integrity of the zoning district and surrounding area;
c. The proposed use will not be detrimental to the public health, safety, or general welfare; and d. The proposed use is in harmony with applicable City policies and the intent and purpose of the zoning district involved.

SEC. 10-1.3286 CONDITIONS.

To implement official City policy and to attain the purposes for requiring use permit approval, as stated in Section 10-1.3281 as well as the general findings listed in Section 10-1.3285, the City Council may attach to approvals such conditions as it deems necessary. These conditions may include, but are not limited to:
a. Site plan and architectural requirements such as, but not limited to, building arrangement, safe and efficient access, adequate open space, landscaping, screening, parking and yards, shielded lighting, compatible signs, harmonious external building design, and sufficient variety to avoid monotony in external appearance.
b. Activities and equipment permitted;
c. Time of day activities shall be permitted;
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d. Specified time period within which approval is valid; e. Furnishing of guarantees assuring compliance with conditions; and f. Adequate safeguards against the emission of dust, heat, glare, electromagnetic interference, odors, smoke and particulate matter, wastes, refuse, water pollution and the like. The Planning Division may refer the application to qualified consultants for a report if it deems necessary. Cost of consultant services must be paid by the applicant.

SEC. 10-1.3287 NOTICE OF DECISION AND EFFECTIVE DATE.

The decision of the Council shall take effect in accord with the provisions of Section 10- 1.2825 and notice shall be given pursuant to Section 10-1.2820.

SEC. 10-1.3488 PLANNING COMMISSION PROCEDURES.
a. The Planning Commission shall hold a public hearing on all major conditional use permit applications. Notice shall be given pursuant to Section 10-1.2820.
b. The Planning Commission may recommend approval or denial of a major conditional use permit to the City Council. Recommendations shall be based upon the findings listed in Section 10-1.3285.

SEC. 10-3489 CITY COUNCIL PROCEDURES.
a. The CIty Council shall hold a public hearing on each Planning Commission recommendation of a major conditional use permit. Notice shall be given pursuant to Section 10-1.2820. b. The City Council may approve, modify or disapprove any major conditional use permit. The Council’s decision shall be based on the findings listed in Section 10-1.3285 and is not subject to appeal.

SEC. 10-1.3290 TIME LIMITS FOR FINAL DECISION.

Where applicable, a final decision on all applications for a major conditional use permit will be made within the time limits set forth in the Permit Streamlining Act of the State of California. A major conditional use permit application which is dependent on a General Plan amendment or other legislative proposal shall not be subject to the Permit Streamlining Act's time limits until the General Plan amendment or legislative proposal is adopted.

SEC. 10-1.3291 LAPSE OF APPROVAL.
a. General. Major Conditional Use Permit approval is void 36 months after the effective date of approval unless:
(1) Prior to the expiration of the 36-month period, a building permit application has been submitted and accepted for processing by the Building Official or a time extension of the approval has been granted by the Planning Manager.
(2) If a building permit is issued for construction of improvements authorized by the major conditional use permit approval, said approval shall be void two years after issuance of the building permit, or three years after approval of the application, whichever is later, unless the construction authorized by the building permit has been substantially completed or substantial sums have been expended in reliance on the major conditional use permit approval. A request for an extension must be submitted in writ ing to the Planning Division at least 15 days prior to the above date. (3) Business operations have commenced in accordance with all applicable conditions of approval. b. 24-Month Extension.
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(1) The Planning Manager may grant an extension(s) for whatever time period is deemed appropriate, provided that the cumulative total of time extension(s) does not exceed 24 months. Decisions of the Planning Manager regarding time extension(s) may be appealed to the Planning Commission or the City Council, as appropriate.
(2) A request for an extension of time must be filed with the Planning Division at least 15 days prior to the anniversary date of approval, and action on the request shall be taken within 30 days. Notice of said action shall be given pursuant to Section 10-1.2820.
(3) In making a decision on approval of an extension, the following shall be considered:
(a) the cause for delay in submittal of the building permit; and (b) whether the proposal is in conformance with existing development regulations. (4) Conditions of approval may be added or modified by the Planning Manage r as a result of the processing of an extension of time.

SEC. 10-1.3292 REVOCATIONS AND MODIFICATIONS.
a. In accord with the notice and hearing provisions detailed in Sections 10- 1.2820 and 10-1.2825, the Council may revoke a major conditional use permit, or modify, or add to the conditions of approval in order to ensure the use is consistent with the findings made pursuant to Section 10 -1.3285. b. Requests for modifications may be approved by the Planning Manager without a public notice or hearing or notice of such item, if the Planning Manager determines that such proposed modification is of a minor nature.
c. A major conditional use permit may be revoked when the Council finds that:
(1) The use or the manner in which it is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area; or (2) The applicant has not fully complied with or completed all conditions of approval or improvements indicated on the approved development plan and modification of the conditions or plan would not be in the public interest or would be detrimental to the public health, safety, or general welfare.

SEC. 10-1.3293 REAPPLICATION.

A major conditional use permit that has been disapproved or revoked may not be applied for within one year of the final decision to disapprove or revoke said application except when, prior to that time, the Planning Manager finds that new evidence, a change of conditions, or a change in the project justifies reconsideration.

SEC. 10-1.3294 DISCONTINUED USES.

All uses that cease operation for a period of more than six consecutive months shall be deemed to be discontinued, and the use permit establishing said use shall become null and void. Reestablishment of said use shall only be permitted upon obtaining a new use permit.

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SEC. 10-1.3500 DEFINITIONS
Hayward, California, Municipal Code C reated: 2025 -02-25 11:32:37 [EST] (
Supp. No. 24, Update 1)

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SEC. 10-1.3500 DEFINITIONS1
SEC. 10-1.3505 GENERAL.

For the purposes hereof certain words and phrases are defined and certain provisions shall be construed as herein set out unless it shall be apparent from their context that a different meaning is intended.

SEC. 10-1.3510 USES AND ACTIVITIES DEFINED.

ABUTS, ABUTTING, ADJACENT. Having a common property line or district line or separated only by a private or public street, alley or easement.

ACCESS. Safe, adequate, usable, and legal ingress or egress to a property or use.

ACCESSORY BUILDING. A detached, subordinate building or structure, the use of which is subordinate, and incidental to a lawfully permitted principal use or main building on the same lot and not used for sleeping quarters.

ACCESSORY COMMERCIAL UNIT (ACU). A commercial use that is subordinate and incidental to a lawfully permitted principal use and contained within, detached from, or attached to a residential structure that is located on the same lot.

ACCESSORY USE. A use which is subordinate and incidental in height, bulk, volume and/or use to the lawfully permitted principal use on the same lot, and which does not alter the essential characteristics of said principal use and is in keeping with other uses permitted in the same district. Examples include:
1Section 10-1.3510 amended by Ordinance 11-12, adopted October 11, 2011.

Section 10-1.3500 amended by Ordinance 13-13, adopted November 19, 2013.

Section 10-1.3500 amended by Ordinance 13-18, adopted December 17, 2013.

Section 10-1.3500 amended by Ordinance 14-06, adopted February 4, 2014.

Section 10-1.3510 amended by Ordinance 15-23, adopted October 13, 2015.

Section 10-1.3510 amended by Ordinance 15-31, adopted December 1, 2015.

Section 10-1.3500 amended by Ordinance 16-05, adopted January 19, 2016.

Attachment IV, Exhibit G
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Hayward City CouncilApril 21, 2026

Hayward City Council
April 21, 2026