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 130
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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, 132
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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 133
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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
Hayward, California, Municipal Code Created: 2026-03-02 16:35:52 [EST] (Supp. No. 27, Update 1)
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; Attachment VII
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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
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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
ATTACHMENT VIII
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a. A garage, carport, shed, or building for domestic storage; b. A children's playhouse, gazebo, greenhouse, pool or recreation building; c. Storage of merchandise normally carried in stock on the same lot with any retail service or business use;
d. Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities; and
e. Off-street parking.
AGRICULTURAL DISTRICT (A). A land use zoning district which preserves agricultural areas until such time as a change in zoning and land use designation occurs and orderly urban development may take place.
AGRICULTURE. The tilling of soil, horticulture, floriculture, viticulture, raising crops, livestock, farming, dairying, animal husbandry, including all uses customarily accessory and incidental thereto; but excluding slaughter houses, fertilizer works, bone yards, commercial feeding of garbage or offal to swine or other animals, or plants for the reduction of animal matter.
AIR TERMINAL DISTRICT (AT). A land use zoning district within which land uses may develop which provide commercial, industrial, and public land uses that are aviation -oriented. See Section 10-1.1900. This District includes the following Subdistricts:
a. Air Terminal—Operations (AT-O)
b. Air Terminal—Industrial Park (AT-IP)
c. Air Terminal—Aviation Commercial (AT-AC)
d. Air Terminal—Commercial (AT-C)
e. Air Terminal—Recreational (AT-R)
f. Air Terminal—Medium Density Residential (AT-RM)
ALLEY. A public way, less than 16 feet in width, but not less than 10 feet in width, which has been dedicated for public use.
ALTERATION. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.
AMBULANCE SERVICE. Any business which provides a facility for emergency medical team staff members (EMTs), and which dispatches ambulances for emergency response. Usually located on major arterial streets where there is no detrimental impact to residential areas due to noise and parking.
AMUSEMENT FACILITY. See "RECREATIONAL FACILITY" or "COMMERCIAL AMUSEMENT FACILITY." ANIMAL, EXOTIC. The words "exotic animal" shall mean any animals which are not customarily confined or maintained for domestic or commercial purposes and sometimes are kept as a pet or for display, including pot belly pigs, snakes, reptiles, emus, ostriches, or similar animals, as determined by the Planning Director based on criteria established by the State Department of Fish and Game.
ANIMAL, LIVESTOCK. See "LIVESTOCK."
ANIMAL, POULTRY. The word "poultry" shall mean domesticated birds customarily kept for eggs or meat, including chickens, turkeys, ducks, geese, or similar animals, as determined by the Planning Director.
ANIMAL FANCIER. A person or persons which use a lot, building, structure, enclosure or other premises to house and maintain more than four livestock animals (i.e., horses, goats), or more than four household pets (i.e., dogs or cats) up to 12 maximum, each of which is over the age of four months, for the following purposes:
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a. For showing in recognized shows (i.e., horse shows, dog shows, County Fair exhibits), or applicable obedience or field trials.
b. For working or hunting.
c. For improving the variety or breed with a view to exhibition in shows and trials. d. For household pets.
e. Such activity requires an "Animal Fancier's Permit" from the City Animal Services Bureau. For the purposes hereof, the breeding and sale of a litter of animals kept and maintained as household pets and/or maintained by an animal fancier, shall not be deemed and considered a commercial kennel, provided they are less than one litter per year and litters do not occur every year.
ANIMAL HOSPITAL. Any buildings or portion thereof designed or used for the care, observation or treatment of cats, dogs or other household pets, with incidental boarding. (Also referred to as Veterinary Hospital) ANIMAL, EXOTIC. Any animal, pure or hybrid, which is generally considered a non- domestic pet or livestock, that is poisonous; must be permitted by the State of California; has the propensity to be dangerous or aggressive to humans or other animals, is required to have an "Animal Fancier's Permit" from the City Animal Services Bureau.
ANTENNA. A device for transmitting or receiving radio, television, telecommunication, or any other transmitted signal. Usually mounted on a tower and/or rooftop. (Refer to Article 13, of Chapter 10 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devices.)
ANTIQUE STORE. A store engaged in the retail sales of goods, primarily works of art, furniture, or decorative objects, having the qualities of age or long existence or indicative of a specific period of craftsmanship and design.
An antique store may include the retail sales of "collectible" items, which are goods typically associated with a hobby (for example, stamps, Kewpie dolls, Roy Rogers memorabilia).
APIARY. The word "apiary" shall mean any premises where bees, hives, and related appliances are located.
See General Regulations Section 10-1.2735.je. "Livestock, Apiaries, and Household Pets" for regulations.
APPLIANCE REPAIR SHOP. An establishment engaged in the servicing and repair of home appliances (washers, dryers, etc.), including electronic appliances (televisions, video cam recorders, stereos, computers, etc.), with all materials and goods maintained within a building.
APPLIANCE STORE. An establishment engaged in the retail sales of home appliances and electronic appliances. These may include but not be limited to washers, dryers, refrigerators, microwave ovens, stoves, televisions, video cam recorders, stereos, cellular phones, beepers, and computers. May include ancillary repair.
ARCHITECTURAL FEATURES. Architectural features include prominent elements on a building such as columns, beams, windows, doors, chimneys, cornices, arches, balconies, etc.
ARCHITECTURAL SERVICE. An office that is occupied by an architect and their support staff and services (i.e., blueprint machine, computers, etc.) Also refer to "ENGINEERING SERVICE" and DRAFTING SERVICE." ART AND ART SUPPLIES STORE. An establishment engaged in the display and retail sales of art (i.e., paintings, sculpture) and art supplies (canvases, paints, easels, frames, etc.).
ARTISAN/CRAFT PRODUCTION. A manufacturer and/or assembler of small products primarily by hand or using low power machinery, including but not limited to clothing , furniture, jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
ARTIST'S LOFT. A live and work situation where a resident artisan lives , and displays and sells their work on a non-first floor level.
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AUCTION. An establishment engaged in the public sale of commodities and/or property, excluding automobiles, to the highest bidder.
AUTOMOBILE BROKERAGE OFFICE. The business of engaging in, for a commission or fee, bargaining or negotiating between a potential purchaser of a vehicle(s) and another automobile sales establishment(s) for wholesale purchase of a vehicle(s). For purposes of this ordinance, an automobile brokerage office consists of an office with no display or storage of vehicles for sale other than a maximum of two spaces which may serve to temporarily store the vehicle(s) which has been already secured for the purchaser of the vehicle(s). May include motorcycles, mopeds or other similar vehicles.
AUTOMOBILE DISMANTLING FACILITY. An establishment engaged in taking apart vehicles for storage, retail, recycling, or wholesale purposes.
AUTOMOBILE PARTS STORE. An establishment engaged in the retail sales of a variety of parts for vehicles of any kind.
AUTOMOBILE RENTAL. An establishment engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.
AUTOMOBILE REPAIR:
a. Automobile Repair - Minor. Minor automotive servicing and replacement of parts for passenger automobiles and/or motorcycles, usually in the same day. Services include, but are not limited to, engine tune-up, lubrication, and tire, muffler, brake, and electrical. Subject to Outdoor Storage limitations and performance standards within applicable Zoning District. b. Automobile Repair - Major. Repair garages and specialty establishments for motorcycles, and passenger automobiles and trucks of all sizes, such as machine, tire, body and fender, auto glass, radiator, transmission, motor tune-up, vehicle upholstery, and muffler shops. May also include repair of machinery and equipment. Subject to Outdoor Storage limitations and performance standards within applicable Zoning District.
c. Home repair - minor adjustments or the replacement of vehicle parts where such adjustments or replacement may reasonably be expected to be accomplished within a forty- eight (48) hour period. No permit is required for such minor adjustments or replacement. Also see Section 10-1.2735.qj. "Vehicle Parking, Repair, Display and Storage Requirements."
AUTOMOBILE SALES. An establishment engaged in the retail sales and services of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. See INDUSTRIAL EQUIPMENT SALES AND RENTAL for farm or industrial equipment, machinery, and supplies.
AUTOMOBILE SERVICE STATION. A structure or area primarily designed and used for the retail sale of motor vehicle fuel and lubricants to the public by direct delivery into the user's vehicle and may include incidental motor vehicular services such as tire repair, battery charging, brake adjustment, motor tune-up and washing where no conveyor, blower or steam cleaning device is used. Sale of food, beverages and related items as determined by the Planning Director is permitted in conjunction with an automobile service station within commercial zoning districts.
AUTOMOBILE STORAGE FACILITY. An establishment engaged in the storage of passenger automobiles cars, passenger trucks of all sizes, motorcycles, and/or similar vehicles inside a building. This definition does not include storage of used, inoperative, junked or other vehicles stored for salvage purposes and shall not include the wrecking, dismantling, or repairing of vehicles which is defined as AUTOMOB ILE DISMANTLING FACILITY. See also AUTOMOBILE STORAGE YARD for automobile storage outside of a building.
AUTOMOBILE STORAGE YARD. Outside sStorage of passenger cars, and/or trucks of all sizes, motorcycles, and/or similar vehicles outside of a building. Does not include auto wrecking or towing yards. Such use shall not 142
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include the wrecking, dismantling, or repairing of vehicles which is defined as "AUTOMOBILE DISMANTLING FACILITY."
AUTOMOBILE TOWING YARD. An establishment engaged in towing motor vehicles, both local and long distance, and storage of such vehicles inside or outside of a building subject to applicable standards. for indeterminate periods of time. Such use shall not include the wrecking, dismantling, or repairing of vehicles which is defined as "AUTOMOBILE DISMANTLING FACILITY."
AUTOMOBILE WHOLESALE. A vehicle dealer who is exclusively involved in the sales of vehicles between licensed dealers and does not have any vehicles on-site. If a wholesale dealer does have vehicles on-site, see AUTOMOBILE STORAGE FACILITY if storing vehicles inside of a building or AUTOMOBILE STORAGE YARD if storing vehicles outside of a building.
BANK. See "FINANCIAL INSTITUTION."
BANQUET HALL. An establishment engaged in periodic events such as weddings, dances, and potlucks.
Typically, it is rented out to private parties and/or special interest groups. Usually includes food preparation and/or serving, and live entertainment or recorded music.
BAR, COCKTAIL LOUNGE. Any on-sale alcohol-related establishment that engages primarily in the sale of alcoholic beverages and where food service, if any, is subordinate or incidental to the sale of alcoholic beverages.
Bars include night clubs, taverns, pubs, cocktail lounges and similar establishments. Please see Section 10- 1.2750 "Alcoholic Beverage Outlets" for regulations.
BARBER, BEAUTY SHOP. An establishment where hair is washed, cut, dyed, and/or styled. May include ancillary services such as manicures or pedicures. Does not include massage or tanning services.
BATCH PLANTS. Any operation that involves sorting, crushing, reducing, refining, mixing, packaging or other processing of minerals for intermediate or final consumption.
BED AND BREAKFAST. The use of an owner-occupied single-family residence for commercial lodging purposes.
BEDROOM. An enclosed space in a structure which is designed such that it could be used for sleeping purposes as determined by the Planning Director. A bedroom typically meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows.
BICYCLE SHOP. An establishment engaged in the retail sales and/or repair of bicycles. Does not include motorcycles or mopeds.
BOARDING HOME. A building where lodging or meals are provided for compensation for residents not functioning as a common household, usually for compensation.
BOOKSTORE. An establishment engaged in the retail sales of books, either used and/or new. May include a small area for coffee and bakery items (10 percent or less of floor area).
BREWERY/WINERY/CIDERY. An establishment where malt liquors (beers), wines, or alcoholic ciders, and/or kombuchas are manufactured, and/or served, and/or stored. Tasting may be included as an accessory use, but the brewery cannot operate as a bar. Also see "MICRO-BREWERY." Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.
BROADCASTING STUDIO. An establishment where sound or images are transmitted by radio or television to the public.
BUILDABLE AREA. The space remaining on a zoning plot within which a building may be erected after the minimum lot and yard requirements of this Ordinance have been satisfied, notwithstanding all other applicable guidelines and Subdivision Map Act requirements of steeply sloped or unstable areas. 143
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BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, and which is designed or intended for the shelter, enclosure or protection of persons, animals or property of any kind. Also defined as follows:
a. "Completely enclosed building" means a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. b. "Detached or accessory building" means a building separated by at least six feet of space open to the sky from any other building on the same zoning plot.
c. "Existing building" means a building erected prior to the effective date of this title, or one for which a legal building permit has been issued.
d. "Primary building" means a building in which is conducted the primary use of the lot on which it is situated.
e. "Public building" means a building principally occupied by the federal, state, county, or city government, or any political subdivision agency, or instrumentally thereof. f. "Temporary building" means a building not permanently attached to the ground by fixed foundation, piers or substructure.
BUILDING HEIGHT. The vertical distance at any point from the finished grade or existing grade, whichever is lower, to the highest point of the coping of a flat roof, to the top roof line of a mansard roof, or to the midpoint of the highest gable of a pitched or hip roof. Where unusual deviations occur on the existing grade, such as a small swale, the Planning Director may make minor adjustments in the building height envelope to permit reasonable building design consistent with the intent and purpose of the building height standard. Graded area entirely under a building and not visible from the exterior of the building, such as underground garages and basements, shall not be included for purposes of calculating height.
BUILDING MATERIALS (SALES). An establishment engaged in the retail and wholesale sales and storage of building materials such as lumber, masonry products, rock, soil, tile, and other similar materials needed to construct a structure and/or accessory structures and uses (fences, paved areas, retaining walls).
CABARET. Any establishment, event or place where live entertainment is provided by or for any a minimum of one hundred patrons or guests, including but not limited to: singing, playinglive music performances, dancing, performing karaoke, acting, conducting a fashion show, performing pantomime, performing comedy or other acts or performances, either as the main purpose for such gathering or as an ancillary activity to some other purpose.
Please rRefer to Chapter 6, Article 2 of this Code for regulations regarding cabarets and to Section 10- 1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol. 144
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CAMERA STORE. An establishment engaged in the retail sales of cameras and photographic supplies. May include ancillary repair.
CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and Tax Adult Use of Marijuana Initiative, and as defined by other applicable state law. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis is classified as an agricultural product separately from other agric ultural crops.
CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer, including medical cannabis or cannabis products, to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code. "Delivery" also includes the use of any technology platform owned and controlled by a Cannabis Business Operator that enables clients or patients to arrange for or facilitate the commercial transfer by a permitted commercial cannabis retail dispensary.
CANOPY. The designated area(s) at a cannabis business, except nurseries and processors, that will contain mature plants at any point in time, as follows. For indoor cultivation, canopy is calculated in square feet and measured using the room boundaries, walls, or ceiling-to-floor partitions of each enclosed area that will contain mature plants at any point in time. If mature plants are being cultivated using a shelving system, the surface area of each level is included in the total canopy calculation.
CARD CLUB. Any building or structure, or any portion of a building or structure, wherein any person or persons are permitted to play a card game in return for a fee, charge, or other compensation. Refer to Chapter 4, Article 3 of the Hayward Municipal Code for regulations.
CARETAKERS QUARTERS. A dwelling unit located on an industrial or commercial property to be used exclusively as living quarters for the caretaker(s) of the subject property.
CARNIVAL. An establishment providing one or more non-coin-operated powered amusement rides, or providing two or more uses such as a tent, a feat of daring, or an exhibition of two or more wild animals except within a public park or zoo, or providing other similar uses.
CARPET/DRAPERY STORE. An establishment engaged in the retail or wholesale sales of carpets and drapes.
Does not include on-site manufacturing.
CARPORT. A permanent roofed structure not completely enclosed on the sides and used for vehicle parking.
CAR WASH. An establishment engaged in the washing of passenger vehicles for a fee.
CATERING FACILITY. An establishment engaged in the preparation of food to be served at an event held off - site, usually at a banquet hall or private facility, and establishments primarily engaged in the preparation of prepared food items in individual servings for off-premise consumption and/or sale by others. Typical uses include caterers, wholesale bakeries, commissary kitchens, and specialty food packaging and/or processing shops.
CATERING TRUCK. A commercially licensed motor vehicle, approved by the Alameda County 111, Department of Environmental Health Services, and the City of Hayward Police Department, from which food and beverages are sold, distributed, or otherwise provided to consumers on private property and which travels from place to place to conduct its operation. Does not include a Food Vendor cart. See Section 10- 1.2735.cb. for regulations.
CENTRAL BUSINESS DISTRICT (CB). A land use zoning district within which commercial and retail land uses may develop which provide a principal downtownsecondary commercial area of regional importance, and several outlying areas of more than neighborhood importance, where concentrations of comparison shopping facilities, financial and business services, and amusement or recreation may be found in quantity. See Section 10 -1.1300800. 145
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CENTRAL CITY DISTRICT (CC). A land use zoning district in the center of the City, within which land uses may develop which promote the development of the downtown. These land uses include business, government, cultural, financial, residential, office, and entertainment uses. See Section 10 -1.1500. This District includes the following Subdistricts:
a. Central City—Commercial (CC-C).
b. Central City—Residential (CC-R).
c. Central City—Plaza (CC-P).
CHECK CASHING STORE. An establishment primarily engaged in the cashing of checks for customers who usually do not have a checking account at a bank or other financial institution. Is commonly found in areas with easy access and high visibility.
CHRISTMAS TREE AND PUMPKIN PATCH LOTS. Seasonal establishments engaged in the retail sales of Christmas trees and pumpkins. See Section 10-1.2735.nc. for standards.
CITY COUNCIL. The City Council of the City of Hayward, California.
CLOTHING STORE ("APPAREL"). An establishment engaged in the retail sales of new clothing, such as shoes, hats, dresses, shirts, etc. For used clothing, see "THRIFT STORE." COMMERCIAL AMUSEMENT FACILITY. A facility offering entertainment open to the public for a fee or by membership subscription, for example, ticket, door charge, amusement device fee. Said facility shall include, but not be limited to, internet access usage, theaters, arcades (place of business containing five or more amusement devices), billiard parlors, golf courses (including miniature golf), water slides, indoor soccer, batting cages, and bowling facilities. Four (4) or less manually or coin- or token- or slug-operated viewing or electronic or video game machines or other amusement devices (excluding jukeboxes) located in association with other permitted uses and activities such as, but not limited to, taverns, restaurants, book stores, grocery stores, mote ls, hobby shops or toy stores, music or stereo stores, laundromats, barber or beauty shops, or computer stores shall be considered accessory to the permitted use. Under no circumstance, as a primary, permitted or accessory use, shall any Commercial Amusement Facility be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
COMMERCIAL CANNABIS BUSINESS. An entity engaged in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.
COMMERCIAL CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
COMMERCIAL CANNABIS DISTRIBUTION. The procurement, sale, and transport of medical and non- medical adult recreational use cannabis and medical and non-medical adult recreational use cannabis products between commercial cannabis businesses.
COMMERCIAL CANNABIS MANUFACTURING. The production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by mean of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
COMMERCIAL CANNABIS MANUFACTURING - LEVEL 1. The manufacturing of cannabis products primarily using nonvolatile solvents, or no solvents.
COMMERCIAL CANNABIS MANUFACTURING - LEVEL 2. The manufacturing of cannabis products using volatile solvents For purposes of this section, "volatile solvents" shall include all solvents described in paragraph (3) of subdivision (d) of Section 11362.3 of the Health and Safety Code, as such section may be amended. 146
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COMMERCIAL CANNABIS MICROBUSINESS. A commercial cannabis business holding a license issued by the State Bureau of Cannabis Control for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer pursuant to Business and Professions Code sections 26050 and 26070. In order to be defined as a microbusiness, an operator must engage in three of the four listed activities.
COMMERCIAL CANNABIS OPERATOR or OPERATOR. The person or entity that is engaged in the conduct of any commercial medical or non-medical adult recreational cannabis use.
COMMERCIAL CANNABIS RETAIL DISPENSARY. A facility where commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical and non-medical adult recreational use cannabis or medical and non-medical adult recreational use cannabis products as part of a retail sale.
COMMERCIAL CANNABIS TESTING LABORATORY. A laboratory, facility, or entity in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2) Licensed by the Bureau of Cannabis Control.
COMMERCIAL OFFICE (CO). A land use zoning district within which administrative, professional, businesses and financial office land uses may exist, yet which are not detrimental to the residential use of adjacent properties.
See Section 10-1.1100800.
COMMERCIAL RETAIL DISTRICT (BP). A land use zoning district intended to provide for limited retail, service, and office commercial uses which serve the needs of workers within the Industrial Corridor. See Section 10 -1.1400.
CONCESSION STAND. A small, ancillary retail use that provides food and beverages to a primary land use.
May include light cooking and heating of food commodities.
CONSIGNMENT STORE. A retail establishment that sells good quality merchandise (for example, clean, not damaged, stained or frayed) that has been provided to the proprietor on a consignment basis as well as new merchandise. Sale of donated or otherwise second-hand merchandise is prohibited.
CONVALESCENT HOME. An establishment in which nursing, dietary and other personal services are furnished twenty-four (24) hours a day to convalescents, invalids, or the aged who are unable to or no longer want to care for themselves in a more traditional setting. Also referred to as nursing homes or intermediate care facilities. Does not include institutions which care for persons suffering from a mental disorder or communicable disease, or which offers surgery, maternity or other primary treatments.
CONVENIENCE MARKET. A retail food market which is typically less than 2,500 square feet in gross floor area and which caters to customers who buy a small number of items, is typically part of a larger chain or franchise system, often with long hours of operation, and as determined by the Planning Director.
CONSTRUCTION TRAILER. A temporary trailer used as an office, or an office/quarters combination with quarters for one security guard in connection with ongoing construction work associated with new construction of industrial, commercial, or multi-family development. See Section 10-1.2735.b.
CONTRACTOR SERVICES. An establishment providing general contracting and/or building construction services for other uses. This use classification includes general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.
COPYING OR REPRODUCTION FACILITY. An establishment which provides printing services to customers.
Typically includes blueprint machines, reproduction machines, paper goods, and binding services (spiral binding, glue binding, stapling, etc.), and may include as an ancillary use, access to the internet. Under no circumstance, as 147
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a primary, permitted or accessory use, shall any Copy or Reproduction Service be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.) COURTYARD. The word "courtyard" shall mean an open unoccupied space bounded on two or more sides by the walls of a building. An inner courtyard is a court entirely within the exterior walls of a building. All other courts are outer courts.
CULTURAL FACILITY. Facilities maintained to develop, promote, or foster the arts, literature, and/or community cohesionbuilding. This includes clubhouses, lodge halls, society meeting places, community centers and similar facilities as determined by the Planning Director. These facilities may be rented out for events from time to time as an ancillary activity, but these events must end by 11:00pm. Otherwise, refer to “BANQUET HALL”.
DANCE STUDIO. Refer to “RECREATIONAL FACILITY”An establishment where dance classes and dance recitals are performed to recorded music.
DATA CENTER. A facility containing one or more large-scale computer systems used for data storage and processing for off-site users. Typical supporting equipment includes back -up batteries and power generators, cooling units, fire suppression systems, and enhanced security features. A physical facility that houses computer systems, servers, storage devices, and network equipment, used to store, process, and distribute large amounts of data.
DAY CARE CENTER. A facility which provides non-medical care to 15 or more children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. May include pre-schools, infant centers, and extended day care facilities.
DAY CARE HOME. A residence which is occupied and used as such and provides non- medical day care on less than a 24-hour basis to no more than 14 children and/or adults, including any children under the age of 10 years who reside at the home. Day care home must be State-licensed., and may be either one of the following:
a. Small Day Care Home. The use of a residence to provide day care to 8 or fewer persons, including any children under the age of 10 years who reside at the home. b. Large Day Care Home. The use of a residence to provide day care to 8 —14 persons, including any children under the age of 10 years who reside at the home.
DISTILLERY. 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. Please see Section 10 -1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.
DISTRICT. A zoning district established under the provisions of the Zoning Ordinance.
DORMITORY. A residence hall providing sleeping rooms, bathrooms, study and recreation rooms and a common kitchen for students.
DRAFTING SERVICE. An establishment which performs drafting services such as drawing of site plans or construction drawings of buildings. Is usually accompanied by drafting tables and blueprinting machines. Also refer to "ARCHITECTURAL SERVICE" and "ENGINEERING SERVICE."
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patrons' and their motor vehicles from which the occupants may watch, purchase or receive goods or services (i.e., a drive- through restaurant, drive-through coffee shop, drive-in theater, drive-up photo finishing, car wash, gas station, mini-mart with gas, automobile lubrication facility, etc.).
DRY CLEANER/LAUNDRY. A dry cleaner/laundry is open to the general public for dry cleaning/laundry purposes. For purposes of this ordinance, a dry cleaner/laundry excludes a dry cleaning/laundry plant which serves solely to dry clean clothing processed for other dry cleaners and not open to the general public. 148
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DWELLING UNIT/RESIDENTIAL UNIT. One or more rooms with a single kitchen, arranged, designed, used, or intended to be used exclusively for living and sleeping purposes by one family as an independent housekeeping unit. Other definitions include the following:
a. Accessory Dwelling Unit: An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. b. Detached Residential Unit: A detached building containing only one dwelling unit. See Section 10- 1.200 for requirements.
c. Duplex: A residential building with two attached dwelling units. See Section 10 -1.200 for requirements. d. Multi-Unit Residential (4+ attached units): A residential building with four or more attached dwelling units. See Section 10-1.200 for requirements.
e. Townhouse: A Duplex, Triplex, or Multi-Unit Residential (4+ attached units) building for which there is a subdivision map. Townhouse ownership includes the building, the land beneath the building and typically a patio or small yard adjacent to the structure. The remaining land within the development is under common ownership. See Section 10-1.2400 for requirements. f. Triplex: A residential building with three attached dwelling units. See Section 10 -1.200 for requirements.
EDIBLE CANNABIS PRODUCT. A cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
EDUCATIONAL FACILITY. Facilities maintained to provide instruction to students for the purpose of developing their faculties and powers, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses. May include trade schools, a beauty college, or business college.
ELECTRIC VEHICLE (EV) CHARGING STATION. A structure or area that provides electricity to recharge the batteries of electric vehicles as a primary use. Sale of food, beverages and related items as determined by the Planning Director is permitted. Overnight lodging is not permitted.
ENGINEERING SERVICES. An establishment which provides engineering services (i.e., structural calculations, construction drawings, consultation, etc.). Usually includes office and drafting equipment, including blueprint machines. Also refer to "ARCHITECTURAL SERVICES" and "DRAFTING SERVICES." ENTERTAINMENT, LIVE. An activity, event or presentation that is incidental to the principal use of a site, and designed to amuse or attract the attention of patrons or guests observing the presentation or activity. Refer to Section 10-1.2735(i) for regulations regarding Limited Entertainment Permits and Section 6-2.10 et al for regulations regarding Cabaret.
ENTERTAINMENT FACILITY. A facility offering entertainment open to the public for a fee or by membership subscription including, but not limited to, theaters, live performance venues, and music venues.
ENVIRONMENTAL DOCUMENT. Information within a written document which evaluates the environmental effects of a proposed project as required by the current City of Hayward and the California Environmental Quality Act (CEQA) environmental review guidelines.
ESTABLISHMENT. A separate place of business having the following characteristics:
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a. The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishment (s) on the same or adjacent site;
b. Direct public access is separate and distinct from direct access to any other business establishment; c. There is no direct public access from within such establishment to any other such establishment.
EQUIPMENT RENTAL SERVICE. An establishment which rents non- industrial machinery and equipment for a fee. May also include minor repair of equipment. See also INDUSTRIAL EQUIPMENT SALES AND RENTAL.
EXTRACTION. A process by which cannabinoids are separated from cannabis plant material through chemical, physical, or any other means.
FABRIC STORE. An establishment which offers such commodities as fabrics, threads, 0 and other sewing notions for sale at retail. Usually includes retail sales of sewing machines and craft items ( silkscreeningsilk- screening equipment, fabric paint, needlepoint materials, ribbons, etc.) , and may include classes associated with the use of these commodities.
FACADE. The exterior wall of a building along with its associated windows, entryways, and projections.
FAMILY. One or more persons living together as a single housekeeping unit, as distinguished from a group living in a boarding house, hotel, motel, or group or institutional living quarters such as a group home, day care home, or convalescent home.
FARMER'S MARKET. A periodic event where fresh produce, flowers, and hand made handmade craft items are sold at retail. Typically held in a downtown area, outside.
FENCE. A linear structure constructed or erected to a maximum height of 6 feet unless otherwise provided herein, and which requires permanent location on the ground or is attached to something having location on the ground. Building materials used for a fence may include but are not limited to boards, bricks, wrought iron, chain link, or blocks, and do not include landscaping, such as hedges, bamboo sticks or bushes, and trees.
FENCE, HEIGHT OF. A height measured from ground level (or top of retaining wall) to top of fence. On sloping sites with a stepped fence, height may be measured at the midpoint of each fence section.
FINANCIAL INSTITUTION. An establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). Also refer to "CHECK CASHING STORE." FIREARMS SALES. A person or entity engaged in the business of selling, transferring, or leasing; or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm and/or ammunition, either directly or indirectly; and/or engaged in the retail sale of ammunition, as defined in Hayward Municipal Code Section 6-11.01(d).
FLEA MARKET. One or more vendors selling new or used merchandise at retail, within a structure or open air setting where no individual building walls separate uses, or where sales areas are within stalls which are smaller in size than typical retail spaces, and that the character of the business is that typically associated with a flea market, and as determined by the Planning Director.
FLOOD PLAN (FP). A land use zoning district within which land is subject to tidal or flood water inundation.
See Section 10-1.2100.
FLOOR AREA, GROSS. The area included within the surrounding walls of a building or portion thereof, exclusive of vent shaft, eaves, overhangs, atriums, covered entries and courts and any portion of a structure above ground used for parking, parking aisles or loading areas. For residential development, interior parking garages, parking aisles, and loading areas are included in the gross floor area calculation.
FLORAL SHOP. An establishment which provides flowers and floral arrangements at retail. Usually includes refrigeration units to keep flowers fresh, and delivery vans. 150
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FOOD VENDOR. The vending of food or beverages from a movable cart-type stand or vehicle which is located on the same lot as a permitted use in a zone that allows for such operation, and subject to the standards and process set forth in HMC Section 10-2700, General Regulations.
FRONTAGE. See "LOT FRONTAGE."
FURNITURE STORE. An establishment engaged in the retail sales furnishings. These usually include chairs, tables, couches, beds, and accessories for the home. All activities occur within an enclosed structure.
GARAGE. A fully enclosed and covered attached or detached structure accessory to a residential use intended for storage of one or more motor vehicles used by the occupants of the premises; which does not have any permanent obstructions that would prevent vehicles parking within; which has garage doors that are operable; and which does not have rugs, linoleum or other non-fire-resistant coverings on the floor. For purposes of determining the existence of a one or two car garage, the minimum dimensions of an existing single -car garage wherein no permanent obstructions may occur is 10' wide × 19' deep, and the minimum dimensions of an existing double-car garage in wherein no permanent obstructions may occur is 18' wide by 19' deep. For purposes of this ordinance a garage of any dimension shall not be used as a habitable space. Construction of new garages shall have minimum interior dimensions of 11' wide × 19' deep for single-car garages and 20' wide × 19' deep for double-car garages.
GARDEN SUPPLIES STORE. An establishment which provides supplies for gardening at retail. This usually includes flower and vegetable seeds, fresh flowers and vegetable plants, grass sod, soil, and tools, and typically includes a screened-in outdoor display and servicing area.
GENERAL COMMERCIAL DISTRICT (CG). A land use zoning district within which general commercial and retail land uses may develop which provide services for the support of primary business activities in the Central City District. See Section 10-1.1000800.
GENERAL REGULATIONS. Specific regulations which apply to all zone districts and to all uses permitted in the districts. The regulations are found in Section 10-1.2700 of this Zoning Ordinance, and are intended to amplify and to supplement district regulations.
GOLF COURSE. A publicly or privately owned area of land laid out for the game of golf with a series of 9 or 18 holes each. Usually includes a club house and maintenance building. May include retail sales relating to golf (pro - shop) and a restaurant/bar.
GRADE. The degree of rise or descent of a sloping surface (also see "SLOPE"). a. Finished Grade. The final elevation of the ground surface after completion of all site preparation work or after development.
b. Existing grade. The ground elevation prior to grading for construction. Where walls are parallel to and within five feet of a sidewalk, the above-ground level grade shall be measured at the sidewalk.
GRANNY OR IN-LAW UNIT. See "SECOND DWELLING, ATTACHED." GREENHOUSE. A permanent enclosed structure for the propagation and growing of plants, constructed with a translucent roof and/or walls.
GROUP HOME. The use of any single-family residence or other dwelling unit for a group residence where residents pay a fee or other consideration to the Group Home operator in return for residential accommodations.
A Group Home includes a boarding home, a rooming house, as well as a group residence for the elderly, or mentally or physically disabled or handicapped persons, or other persons in need of care and supervision. Each dwelling unit so used shall be considered a single Group Home. The term Group Home includes both licensed and unlicensed Group Homes.
a. Licensed Group Home. A licensed Group Home is any residential facility subject to State licensing requirements pursuant to the California Health and Safety Code (HSC), implementing State regulations, 151
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and amendments thereto. Any Group Home which is subject to State licensing requirements shall be treated as an unlicensed Group Home if the facility's license has expired or such license has been suspended, revoked or terminated. Group Homes subject to Sta te licensing requirements include the following:
(1) Residential facilities providing non-medical residential care, specifically, any residential Community Care Facility (HSC section 1502), a Residential Care Facility for the Elderly (HSC section 1569.2) and an alcoholism or drug abuse recovery or treatment facility (HSC section 11834.02).
(2) The following types of Health Facilities (HSC section 1250, specifically, a Congregate Living Health Facility (HSC section 1250 (i)), an Intermediate Care Facility/Developmentally Disabled Habilitative (HSC section 1250 (e), an Intermediate Care Facility/Developmentally Disabled (HSC section 1250(g)), and an Intermediate Care Facility/Developmentally Disabled -Nursing (HSC section 1250(h)).
b. Unlicensed Group Home. An unlicensed Group Home is the use of a dwelling unit by an owner or operator as a dormitory, boarding house, rooming house or similar use, where such residential facility is not subject to State licensing requirements or whose state license has expired, or has been suspended or revoked.
GUN SHOP. See "FIREARMS SALES."
HARDWARE STORE. An establishment which provides a variety of supplies and materials used for small construction or repair projects, at retail.
HAZARDOUS MATERIAL. A gas, material, or substance capable of posing a risk to health, safety, or property; provided, however, use of hazardous materials contained in consumer-sized containers purchased solely for on- site maintenance activities shall not be considered a hazardous materials use for the purpose of these regulations.
The Fire Chief or his or her designee has the exclusive authority to develop and apply regulations which determine which, if any of the Group A, B, or C and included categories uti lized in the Industrial District regulations is applicable to a user of any hazardous materials; such regulations may include reference to federal and state law, standards, and regulations applicable to hazardous materials. The Fire Chief or his or her des ignee also has the exclusive authority in conjunction with the Planning Division to exclude or reduce the category of prescribed Conditional or Administrative Uses in the Zoning Ordinance when it is found that the quantities are minor or additional mitigations are found to be acceptable.
Hazardous materials which belong to more than one group or category shall be subject to the most stringent regulations. In addition to the following classifications please refer to specific Zoning Districts for hazardous materials land use requirements.
a. Group A. Hazardous materials which include any of the following:
(1) Explosives and blasting agents;
(2) Reactive materials;
(3) Unstable materials;
(4) Radioactive materials;
(5) Class 3 and 4 oxidizing materials;
(6) Poisonous or highly toxic materials;
(7) Corrosive, poisonous, or unstable gases;
(8) State of California restricted hazardous wastes, including substances classified as extremely hazardous wastes.
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b. Group B. Hazardous materials which include any of the following:
(1) Flammable liquids, namely liquids that have a flashpoint below 100° Fahrenheit' (2) Flammable solids;
(3) Class 1 and 2 oxidizing materials;
(4) Flammable or oxidizing gases;
(5) Corrosive materials.
c. Group C. Hazardous materials which include any of the following:
(1) Combustible liquids, namely liquids that have a flashpoint at or above 100° Fahrenheit. (2) Inert gases.
(3) Other regulated materials referred to in the following sources except Group A or B hazardous materials:
i) California Fire Code as adopted by the City of Hayward; ii) 49 Code of Federal Regulations section 173.500, including amendments or successors thereto; and
iii) Hayward Municipal Code Section 3-8.06 except those materials exempted by Hayward Municipal Code Section 3-8.07, including amendments or successors to such provisions.
HEALTH CLUB. An establishment which provides physical fitness equipment, classes, and facilities such as racquetball and tennis courts and/or swimming pools for patrons to use for a fee. (Also see "PHYSICAL FITNESS STUDIO" for a smaller version of this type of facility.) HIGH DENSITY RESIDENTIAL DISTRICT (RH). A land use zoning district which allows the development of multiple-family dwellings at a high density. See Section 10-1.500200.
HOME OCCUPATION. Any occupation conducted within the living area of a dwelling unit by persons residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Also referred to as a "Mail and Telephone Business Listing." For purposes of this ordinance, a licensed Group Home shall not be considered a "home occupation." A home occupation shall comply with the following standards:
a.does not display or sell any commodities except those produced on the premises; ba. does Does not use any accessory building, garage, yard space, or conduct activity outside of the dwelling unit;
cb. does Does not generate a character and volume of vehicular traffic not normally associated with residential use;
dc. does Does not involve the use of more than 10 percent or more than 200 square feet of floor area of the dwelling unit, whichever is less;
ed. does Does not display signs, other than on a non-commercial vehicle, or other matter which would indicate a business is operating within the home;
fe. does Does not allow for more than two customers/clients to visit the home each day and customers/clients are limited to visiting the house between the hours of 8 a.m. and 9 p.m.; and g.where no repair work is permitted;
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h.where at least one parking stall is available for guest parking either in the driveway or on the street in front of the residence; if customers/clients visit the premises; if. where Where no employees, other than residents of the home, come to or work from the home; and j.which requires all applicable building and fire codes to be met. .
HOME OCCUPATION - EXPANDED. An expansion of the provisions of or variance to a home occupation as defined above regarding numbers of customers, hours of operation, sale of commodities produced on the premises (excluding sale of guns), and minor repair only.
HOMELESS SHELTER. An institution that provides shelter for individuals and families with no limitation on the length of stay. Such use may also provide meals and supportive social services. May also include Housing Navigation Centers and Emergency Shelters (per Health and Safety Code 50801).
HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty-four hours or more. The term "hospital," as used in this title, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts, or other types of cases necessitating confinement of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
HOTEL. A building where lodging with or without meals is provided to the general public for compensation typically on a nightly basis, and where no provision is made for cooking in any individual guest room or suite, and where a maximum continuous length of stay is no longer then that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code, but shall not include institutions where human being are detained under legal restraint.
Extended Lodging Facilities, where kitchens, kitchenettes or other cooking facilities may be permitted within individual guest rooms, are allowed in any Zoning District where Hotels are permitted, subject to the following standards:
a. Each guestroom shall be provided with voicemail, dataports, desk, color television, alarm clock or wake up service. Irons and ironing boards must also be made available to guests upon request. b. Self-service laundry facilities shall be accessible to all guests. c. Recreational facilities such as pool, whirlpool/spa/ and/or fitness room shall be provided. d. A 24-hour per day on-site supervisor shall be provided. e. Housekeeping services including cleaning and linen service shall be offered on a regular basis to every guestroom.
f. Extended Lodging Facilities cannot be used for long term occupancy (i.e. apartments, care facilities, boarding houses, etc.). Leases of any duration are prohibited. g. Extended Lodging Facilities may have a maximum continuous length of stay no longer than that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code.
HOUSEHOLD PETS. See "PETS, HOUSEHOLD."
INDUSTRIAL EQUIPMENT SALES RENTAL AND SERVICE. An establishment which provides industrial equipment and related commodities to the public for sale or rental, and servicing of that equipment. Such equipment may include large scale vehicles, large truck and trailer rigs, fork lifts, conveyor belts, and loading dock facilities.
INDUSTRIAL HEMP or HEMP. An agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the 154
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resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta -9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
INDUSTRIAL/VOCATIONAL TRADE SCHOOL. A trade school that provides specialized training of skilled labor including plumbing, carpentry, truck driving, mechanics, machine operations, computer repair, tool and dye, and similar technical schools. This definition excludes beauty/barber schools, business schools, or degree programs.
JEWELRY STORE. An establishment which provides jewelry, watches, gemstones, and other related commodities to the public for sale at retail. Typically includes jewelry and/or watch repair and cleaning services.
KENNEL. A lot, building, structure, enclosure or premises where one or more dogs, cats, or other household pets are kept for commercial purposes, including boarding, breeding of more than one litter per year and/or a litter every year, sale of goods or animals, or the rendering of services for profit. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets and/or maintained by an animal fancier, shall not be deemed and considered a commercial kennel, pro vided they are less than one litter per year and litters do not occur every year.
KITCHEN. A definable area or room for food preparation, typically consisting of a permanent cooking appliance for use in food preparation, a refrigerator, cabinets, and a sink, usually in close proximity to one another.
LANDSCAPING. An area devoted to or developed and maintained predominantly with native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.
LIMITED ACCESS COMMERCIAL (CL). A land use zoning district within which commercial uses may develop which normally tend to locate apart from standard commercial areas or service industries, or uses on highways of major importance. See Section 10-1.1200.
LIQUOR STORE. "Liquor store" shall mean any alcoholic beverage sales establishment primarily involving the sale of alcohol where beer, wine or distilled spirits are sold for off-sale consumption and where more than five (5) percent of the floor area of the establishment is devoted to the sale, display or storage of beer, wine or distilled spirits. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.
LIVESTOCK. Domesticated farm animals kept for use or profit (See Section 10 -1.2735.je. for regulations of livestock) and further defined as follows:
a. Large Livestock. Horses, cattle, llamas, or similar large animals, as determined by the Planning Director. b. Medium Livestock. Sheep, goats, and pigs, or similar medium animals, as determined by the Planning Director.
c. Small Livestock. Hens, ducks, pigeons, rabbits and other similar small animals, as determined by the Planning Director, totaling five (5) or more such animals on a property.
LOT. A recorded parcel of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classification of lots are as follows:
a. Average Lot Width. The mean horizontal distance between the longest lot lines of lots having regular geometric design, such as rectangular and parallelogram lots, and in the case of lots of irregular design, shall mean the diameter of the largest horizontal circle inscribable completely within lot boundaries. b. Corner Lot. A lot at the intersection of two or more streets which has an angle of intersection of 135° or less. Where the angle of intersection exceeds 135°, the area abutting the two streets shall be a front yard.
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c. Flag Lot. A parcel of land where the buildable portion of the lot is via a narrow extension of the lot (access strip) to a public or approved private street, utilizing a private or privately shared travelway.
The area within an access strip shall not be counted as part of the lot area of either the front or rear lot for purposes of complying with minimum lot area requirements.
d. Interior Lot. A lot other than a corner lot.
e. Lot Coverage. The area of a lot enclosed by exterior walls or similar roof -supporting devices of all structures, including accessory structures and patio covers. f. Lot Depth. The average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line. In instances of a cul -de-sac where the front lot line is curved, the lot depth shall be measured off a drawn line which connects the two side lot lines that intersect the cul-de-sac.
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g. Lot Frontage. The common property line of a lot and the right -of-way line of a street. h. Lot Line. Any boundary of a lot. The classifications of lot lines are:
(1) Front. A line separating the lot from the street right-of-way. In the case of a corner lot, the owner may designate the front lot line of said lot at the time of initial construction of the primary use. (2) Rear. The lot line which is opposite and most distant from the front lot line; and in the case of an irregularly shaped lot, a line 10 feet in length within the lot, and any line closest to being parallel to and at the maximum distance from the front lot line. In the case of a corner lot, the rear lot line is opposite the front property line unless the Planning Director determines otherwise where there is a reasonable alternative.
(3) Side. Any lot line not a front lot line or a rear lot line. i. Lot Size (or lot area). The total horizontal area within the lot lines of a lot, with the exception of flag - shaped lots where the lot area shall be calculated excluding the stem of the lot. j. Rear Lot Coverage. The area of a required rear yard enclosed by exterior walls or similar roof - supporting devices of all structures, including accessory structures and patio covers. k. Through Lot. A lot having frontage on two approximately parallel streets.
l. Zero Lot Line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.
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MAILING OR FACSIMILE SERVICE. An establishment which provides postal services and a facsimile machine available to the public for a fee. Typically includes packaging and weighing facilities , and may include related copy work or wrapping paper and greeting cards for sale at retail as an ancillary use, as well as internet access as an ancillary use. Under no circumstance, as a primary, permitted or accessory use, shall any Mailing or Facsimile Service be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
MANUFACTURED HOME. A factory built or manufactured home including mobile homes, as permitted by State of California and Federal laws. A manufactured home is synonymous with the definition of a "single family dwelling."
MANUFACTURING. Establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, human-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Instruction, direct sales, or on-site consumption are incidental to the manufacturing operation. Toxic, hazardous, or explosive materials produced or use d in conjunction with the manufacturing process are subject to use permits based on type and quantity of hazardous materials storied, utilized or generated by the manufacturing process (see "HAZARDOUS MATERIALS"). All impacts generated by manufacturing activities related to noise, gas, odor, dust, or vibration shall conform to the performance standards contained within the Industrial District regulations and other applicable local, state and federal regulations. a. Custom Manufacturing. Establishments engaged in the on-site assembly of hand-fabricated parts, or engaged in the on-site hand manufacture or hand fabrication of custom or craft goods. Goods are predominantly manufactured and fabricated involving the use of hand tools or domestic -scaled mechanical equipment and kilns not exceeding 20 square feet in size. Typical uses include ceramic studios, fabrics, inlays, weaving, leather work, woodwork, metal or glass work, candle making, small batch food manufacturing, or custom jewelry. See also ARTISAN/CRAFT PRODUCTION. For beer and alcohol production, see BREWERY/MICRO-BREWERY and DISTILLERY. b. General Manufacturing. Establishments engaged in manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. This classification includes manufacturing for biomass energy conversion, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood/paper products, glass products, chemical products, medical/pharmaceutical products, refining, plastics and rubber products, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.
c. Light Manufacturing. Establishments engaged in food manufacturing and manufacturing of products and finished parts primarily from prestructured materials or components by means of physical assembly or reshaping and does not produce or utilize in large quantities as an integral part of the 158
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manufacturing process, toxic, hazardous, or explosive materials. Because of the nature of its operation and products, little or no noise, odor, vibration, glare, and/or air or water pollution is produced.
MARIJUANA. See "CANNABIS".
MARKET. See "SUPERMARKET."
MARTIAL ARTS STUDIO. An establishment where martial arts classes, private lessons, and demonstrations are provided to the public for a fee. See RECREATIONAL FACILITY.
MASSAGE PARLOR. An establishment where body massage is provided to members of the public for a fee.
Refer to Chapter 6, Article 10 of the Hayward Municipal Code for regulations.
MEDIA PRODUCTION. Facilities for motion picture, television, music, video, sound, computer and other communications andlarge scale media production. Use includes incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This classification may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses. Does not include small scale media production, such as podcasting or social media content production.
MEDICAL CANNABIS or MEDICAL CANNABIS PRODUCT. Cannabis or a cannabis product, respectfully, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medical cannabis patient in California who possesses a physician's recommendation.
MEDICAL MARIJUANA. See "MEDICAL CANNABIS".
MEDICAL/DENTAL LABORATORY. A facility which custom manufactures and distributes false teeth, dental crowns, braces, and other related dental equipment to dentists.
MEDIUM DENSITY RESIDENTIAL (RM). A land use zoning district which primarily allows the development of multiple-family dwellings at a set density and in a suitable environment for family life in areas where a compatible mingling of single-family and multiple-family dwellings is possible. See Section 10-1.400200.
MICRO-BREWERY. A retail establishment where alcoholic beverages are produced and sold for consumption either on or off premises. Tasting alcoholic beverages may be included as an accessory use, but the micro -brewery cannot operate as a bar. Refer to Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations.
MICROBUSINESS. A commercial cannabis business holding a license issued by the State Bureau of Cannabis Control for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer pursuant to Business and Professions Code Sections 26050 and 26070.
MISSION BOULEVARD RESIDENTIAL DISTRICT (MBR).
Note(s)—Repealed by Ordinance 11-12, Adopted October 11, 2011.
MOBILE HOME. Same as "Manufactured Home," but subject to the National Manufactured Housing Construction and Safety Act of 1974.
MOBILE HOME PARK (MH). A land use zoning district designed for, used or intended to be used for the parking and occupancy of two or more mobile homes for dwelling or sleeping purposes. See Section 10 -1.700.
MORTUARY. An establishment engaged in the preparation of human bodies and the arrangement and holding of funeral services prior to burial or final disposition. For the purposes of this Ordinance, a mortuary may include a crematory.
MOTEL. A group of attached or detached buildings containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit where a maximum continuous length of stay is no longer than that established for transiency pursuant to Chapter 8, Article 4 (Transient Occupancy Tax) of the City of Hayward Municipal Code. 159
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MULTIPLE-FAMILY DWELLING. See "DWELLING, MULTIPLE-FAMILY." MUSIC STORE. An establishment which sells musical instruments, sheet music, and related commodities to the public at retail. Typically includes repair of musical instruments.
MUSIC STUDIO. An establishment which provides music classes and private music lessons to the public for a fee. Typically involves piano lessons and/or guitar lessons, both acoustical and amplified, and includes occasional music recitals by the studio students. See RECREATIONAL FACILITY.
NAIL SALON. An establishment which provides nail manicures and pedicures to the public at retail for a fee.
Does not include massage or tanning services.
NEIGHBORHOOD COMMERCIAL DISTRICT (CN). A land use zoning district which is carefully located in areas throughout the City in relationship to other commercial districts and in relationship to nearby residential districts.
Land uses created in the CN district arein which general commercial and retail uses which provide convenience goods and services purchased frequently, serving nearby residences. See Section 10 -1.800.
NEIGHBORHOOD COMMERCIAL - RESIDENTIAL DISTRICT (CN-R). A land use zoning district with a mix of neighborhood serving businesses and residences along portions of certain arterials in order to provide options for housing with ready access to shops and transit. See Section 10-1.900800.
NIGHT CLUB. Refer toSee definition for "BARar". Any establishmentnight club that permits dancing or live entertainment on a regular basis after the hours of 10:00pm.must obtain a cabaret license as required by Chapter 6, Article 2 of this Code. Please see Refer to Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.
NONCONFORMING, ILLEGAL. A structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Ordinance.
NONCONFORMING LOT. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Ordinance.
NONCONFORMING STRUCTURE. A structure which conformed to applicable laws when constructed but does not conform to the provisions of this Ordinance.
NONCONFORMING USE. A use complying with applicable laws when established but does not conform to the provisions of this Ordinance.
NUISANCE. An activity or land use which is determined to be detrimental or incompatible with adjacent properties, adjacent property owners or users, or the general public. Refer to Section 10 -1.150.
NURSERY, PLANT. An establishment which grows flowers, shrubs, and trees and provides them for sale at retail to the public. Typically includes related items such as seeds, bulbs, pots, potting soil, etc. Majority of product may be displayed and stored outdoors.
OFFICE. An establishment where services are performed for predominately administrative, professional, medical, dental or clerical operations that function as a place of business for any of the following: accountants, architects, attorneys, bookkeeping services, brokers, corporate offices, drafting services, dentists, doctors, financial institutions, development companies, engineers, surveyors and planners, insurance agencies, interior decorators and designers, landscape architects, psychiatrists, psychologists, notaries, typing and secretarial services, therapists, and internet publishing, broadcasting, and web search portal establishments, and other similar businesses and professions, not otherwise specifically defined in this Code. This use classification also includes software and internet content development and publishing; computer systems design and programming; data processing or call centers; facilities that broadcast exclusively over the Internet and have no live, in -building audiences participating in such broadcasts; and computer, technical, and informational services. Under no circumstance, as a primary, permitted or accessory use, shall any Office be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.) 160
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OPEN SPACE. Open space areas and recreational amenities providing gathering space or opportunities for active or passive recreation. This is further defined as follows:
a. Common Use Open Space. An on-site, indoor or outdoor recreational area accessible to all residents.
The space shall not include the required front or side street yard, off -street parking areas, driveways, service areas, or areas of more than 5 percent slope. (Refer to appropriate sections of this ordinance for specific requirements.) For residential or mixed-use buildings, open space can be provided at grade, on podium or rooftop, or indoors.
b. Private Open Space. An on-site recreational area directly accessible only to one residential unit from a living and non-service area, which is not more than four feet above or below the floor level. The space shall not include the required front or street side yard, areas devoted to off-street parking, driveways, or service, or areas of more than 5 percent slope. (Refer to appropriate sections of this ordinance for specific requirements.)
OPEN SPACE/PARKS AND RECREATION DISTRICT (OS). A land use zoning district intended to promote and encourage a suitable environment devoted to parks, recreation, floodplain or passive or active open space uses for the enjoyment of all members of the community. The OS District may be used to preserve and protect land areas of special or unusual ecological or geographic interest. See Section 10 -1.2200.
PAINT/WALLPAPER STORE. An establishment which provides paint, wallpaper, and related commodities to the public for a fee. Typically includes installation services.
PALM READING SERVICE. An establishment which provides psychic services, such as palm reading and fortune telling, to the public for a fee.
PARCEL. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.
PARKING. A parking area which provides the required parking for a use in accordance with the City of Hayward Off-Street Parking Regulations (Chapter 10, Article 2, Hayward Municipal Code). The following definitions relating to parking are also provided:
a. Covered Parking. Parking space(s) which are contained within a carport or garage. b. Parking Lot. An off-street area, whether open or enclosed, other than a showroom or sales lot, used to store motor vehicles on a daily basis, but not including the storage of dismantled or wrecked motor vehicles or parts thereof. A parking lot may be commercial, public, or private. c. Off-Street Parking. Parking stalls provided beyond the right-of-way of a street or highway. d. Off-Street Parking Space. Refer to the definition contained in the City of Hayward Off -Street Parking Regulations (Chapter 10, Article 2, Hayward Municipal Code). e. On-Street Parking. Parking stalls provided within the right-of-way of a street or highway. f. Open or Uncovered Parking. Parking space(s) which are not contained within a carport or garage. g. Parking Structure. Facilities for the temporary parking of motor vehicles within a privately or publicly owned off-street parking facility. This use includes commercial parking garages.
PASSENGER TRANSPORTATION TERMINAL. A facility which provides a loading, transfer, or drop- off point for public transportation (i.e., Amtrak, BART, Greyhound, and airport.) For single passenger pick -up and drop-off, refer to "Taxi Company."
PAWN SHOP. An establishment which provides monetary exchange for collateral, typically personal items such as watches, jewelry, musical instruments, weapons, etc., after which the collateral item is returned to its owner after the money is repaid. Typically includes a fee and retail sales of unclaimed items. 161
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PAYDAY LOAN FACILITIES. An establishment primarily engaged in the business of advancing funds to customers in situations where the customer uses his or her entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement. Includes bail bond agencies and similar uses.
PERMITTED USE. A specified use allowed in a land use zoning district and subject to the provisions applicable to that district.
PERSON. Any individual, business, company, corporation, both public and private, association, political or governmental subdivision or unit, or other group acting as a unit or entity.
PERSONAL SERVICES. An establishment that provides non-medical services to an individual as a primary use.
Examples of these uses include but are not limited to barber shops, beauty salons including microblading and permanent makeup, dog grooming, nail salons, dry cleaning pick up stores with limited equipment, locksmiths, shoe repair, and tailors.
PET GROOMING SHOP. An establishment which provides a grooming service of household pets to the public for a fee. Typically includes washing, hair trimming, and temporary boarding of animals being groomed (i.e., less than 24 hours).
PET STORE. An establishment which provides pets and pet supplies to the public for sale at retail. Pets for sale typically include dogs, cats, fish, reptiles, hamsters, birds, etc., and may include exotic pets, such as parrots, pot bellied pigs, and iguanas. Pet supplies usually include food, cages, leashes, etc. May include ancillary pet grooming.
PETS, HOUSEHOLD. Small animals ordinarily and customarily domesticated and permitted in a dwelling and kept for company or pleasure and not for profit, including the following subcategories:
a. Traditional Household Pets. Dogs, cats, canaries, parakeets, fish, domestic mice, rats, guinea pigs, potbelly pigs, up to four (4) rabbits, or similar animals, as determined by the Planning Director. The keeping of more than four cats or dogs requires an "Animal Fancier's Permit" from the City Animal Control Officer.
b. Other Household Pets. Hens, ducks, pigeons and other similar small animals, as determined by the Planning Director, where the total number on a property does not exceed four (4) of such animals.
Other Household Pets are subject to approval of a Zoning Conformance Permit based on consistency with the standards prescribed in Section 10-1.2735 of the Hayward Municipal Code.
PHOTOGRAPHIC SUPPLY STORE. See "CAMERA STORE."
PHOTOGRAPHY STUDIO. An establishment where a professional photographer takes posed pictures of people for a fee at retail. Does not include retail sales of photographic supplies, except for picture frames and picture albums.
PHYSICAL FITNESS STUDIO. An establishment which provides physical exercise classes and/or personal one - on-one physical fitness training. Typically includes a weight room and/or an aerobics dance class room. Does not include facilities typically of the large health clubs, such as showers, a pool, racquetball or tennis courts.
PLANNED DEVELOPMENT DISTRICT (PD). A land use zoning district which permit a combination of land uses planned for a single tract of land to be developed as a unit according to a specific development plan approved by the City which result in efficient and attractive utilization of land in order to preserve open space areas, topographical features, ridge tops, and tree clusters. This district also permits the creation of a site -specific project which provides a mix of housing types as well as nonresidential development. See Section 10 -1.2500.
PLANNING COMMISSION. The Planning Commission of the City of Hayward, California.
PLANNING DIRECTOR. The Director of the Community and Economic Development Department of the City of Hayward, California. This includes his or her staff members as appointed to represent him or her. 162
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POINT OF BUSINESS SALE. An establishment which provides retail sales of commodities via internet, telephone, facsimile, and/or mail, with less than 10 percent of gross annual sales attributable to direct and physical customer contact on-site.
PREMISES. A continuous area of land and any structures thereon all under a single ownership or operation under a single direction, which premises may include one or more adjacent lots, or fractions of lots.
PREMISES. The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
PRIMARY USE. The principal or predominant use of any lot, building or structure.
PUBLIC AGENCY FACILITIES. Facilities, structures and accessory uses which house public agencies such as federal, state, or local government, and other agencies such as utility and telephone companies governed by the Public Utilities Commission.
PUBLIC PARK/PUBLIC GATHERING. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City which is under the control, operation or management of the City of Hayward, Hayward Area Recreation District, Alameda County, the East Bay Regional Park District, the State of California or Federal Government. For private golf course, see "GOLF COURSE, COUNTRY CLUB." PUBLIC FACILITIES DISTRICT (PF). A land use zoning district within which typical land uses include public government buildings, public libraries, public community centers, and public parking lots, whether a fee is charged or not. See Section 10-1.2300.
QUARRY. Any premises from which any rock, sand, gravel, earth, or mineral is removed or excavated for the purpose of disposition away from the immediate premises, whether the disposition is immediate or in the future, and excepting excavations within public roads and highway rights-of-way.
RADIO TRANSMISSION TOWER. See "ANTENNA."
RAILROAD YARD. A facility where railroad cars and engines are stored, repaired, and transferred to different trains. Also includes a freight station where items carried by train are transported onto and/or from trucks for transport. Also see "PASSENGER TRANSPORTATION TERMINAL." RECREATIONAL FACILITY. Those facilities maintained to provide a pastime, sport or exercise as a means to refresh one's body or mind, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses. May be a commercial or non-commercial facility. Under no circumstance, as a primary, permitted or accessory use, shall any Recreational Facility be allowed to operate Simulated Gambling Devices as define d in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
RECREATIONAL FACILITY. A facility maintained to provide a pastime, sport, or exercise and ancillary activities as determined by the Director. The use may be a commercial or non -commercial facility. Under no circumstance, as a primary, permitted or accessory use, may any Recreational Facility be allowed to operate simulated gambling devices as defined in Article 4-16 (Prohibition of Simulated Gambling Devices) of the Hayward Code. a. Indoor Recreation. Includes, but is not limited to, athletic health clubs/fitness studios, gymnasiums, bowling alleys, ice and roller-skating rinks, pool/billiard parlors, art/dance/music studios, and electronic video arcades.
b. Outdoor Recreation. Includes, but is not limited to, sport fields or courts, driving ranges, batting cages, skate parks, and golf courses.
RECREATIONAL VEHICLE. A vehicle primarily designed as temporary living quarters for recreational, camping, or travel use.
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RECREATIONAL VEHICLE (RV) STORAGE FACILITY. A parcel or group of contiguous parcels upon which two or more recreational vehicles, camper trailers and boats may be stored for a fee when not in use.
RECYCLING FACILITIES.
a. Small Recycling Collection Facilities/Recycling Collection Area. Small recycling facilities shall be incidental to a primary use on the site (i.e. shopping center). Accepts recyclable non -hazardous materials directly from the public by donation, redemption, or purchase at facilities no greater than five hundred (500) square feet in area and that generally do not use power -driven processing equipment. May include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials (such as aluminum, glass, plastic, and bimetal for recycling). Small Recycling collection facilities may not process material except for limited bailing, batching, and sorting of materials. b. Large Recycling Collection Facilities. A facility accepting recyclable non -hazardous materials by donation, redemption, or purchase at facilities occupying an area greater than five hundred (500) square feet and that is not incidental to a primary use. Large Recycling Collection Facilities may use power driven equipment to sort and condense material for shipment to an intermediate processor or other user. Processing of materials is limited to sorting, bailing or similar activities and shall occur within an enclosed building. Storage of materials shall occur within an enclosed building or in sealed and covered containers outside of a building, subject to the Outdoor Storage screening requirements. c. Recycling Processing Facilities. A facility that operates within an enclosed building used for the collection, processing and storage of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, composting and remanufacturing. Processing outside of a building is prohibited.
RECYCLABLE MATERIALS. "Recyclable materials" or "recyclables" are discarded materials that are collected, separated, composted, and processed and that can be used as raw materials in the manufacture of new products and/or materials used as alternative daily cover as defined and permitted by the State of California. Recyclable materials are collected and treated in a manner different from Refuse.
REFUSE. Waste material intended for disposal and including: (1) non-putrescible wastes, whether in solid or liquid form, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service; and (2) rubbish (such as non-recyclable materials).
RELIGIOUS FACILITY. Those facilities maintained by a tax-exempt religious institution, a government agency, or other non-profit organization exempt from taxation under the Internal Revenue laws as an organized system of belief in or the worship of God or gods or an institutionalized system of religious attitudes, beliefs and practices, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses .
RENEWABLE ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION. Facilities engaged in generating electric power from renewable resources or operating power transmission systems for renewable energy, including electrical lines, transformer stations, and meters. This definition does not include ancillary renewable energy systems associated with a primary industrial use. See also WIND ENERGY CONVERSION SYSTEM.
RESEARCH AND DEVELOPMENT. A facility engaged in conducting research and development to gain or apply scientific knowledge for product/process creation. Includes commercial testing and experimental laboratory environments. Subject to Hazardous Materials Use and Storage limitations.
RESIDENTIAL NATURAL PRESERVATION DISTRICT (RNP). A land use zoning district within which topographic configuration is a major consideration in determining the most appropriate physical development of the land. This district primarily allows the development of single-family homes only where they are subservient to and compatible with the preservation of major natural features of the land. See Section 10 -1.2300. 164
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RESIDENTIAL-OFFICE (RO). A land use zoning district which allows the mix of office land uses with residential, the scale and form of which does not detract from adjacent or future residential land use in the same zone. See Section 10-1.600800.
RESTAURANT. Any establishment, other than a boarding house or dormitory, where food and beverages are provided for consumption on-premises or off-premises, and where typically, but not necessarily, there are tables, counters, benches, or other public seating facilities provided, or where food is taken off-premises, disposal containers are provided. Examples include a sit-down dining facility, fast-food restaurant (no drive-through window), donut shop, pizza shop, cafe, bakery, cafeteria, coffee shop, lunchr oom, delicatessen, and ice cream parlor. The serving of alcoholic beverages is subject to the regulations in the "Alcohol Beverage Outlets" regulations, Section 10-1.2750 of this Ordinance.
RESTAURANT—DRIVE-THROUGH. Any high-volume establishment serving food or beverages which utilizes a building design, site layout, or operating procedure whereby customers can drive onto the premises and remain in their vehicles while food or beverages are sold or dispensed. For regulations of drive-through restaurants see the "Drive-in Establishments-Special Standards and Conditions" contained in the Design and Performance Standards of various Sections of this Ordinance, including Sections 10-1.800 and 10-1.1000.
RETAIL. The sale of commodities or goods to ultimate consumers. This definition does not include AUTOMOBILE SALES for new and used vehicles.
REVERSE VENDING MACHINES. A mechanical device which accepts one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip. "Bulk reverse vending machines" are those machines which exceed 50 cubic feet in size or exceed 8 feet in height. See Section 10-1.2735.mi. "RECYCLING FACILITIES." RIDING STABLE OR ACADEMY. A facility where individuals board their horse(s) and or where horseback riding classes are taught. Typically includes public demonstrations, such as dressage or other equestrian events. Does not include any contest(s) resembling a rodeo (i.e., bronco riding, calf roping, and/or steer wrestling).
RIGHT-OF-WAY. A strip of land used acquired by reservation, dedication, prescription or condemnation and intended to be used or occupied by a road, trail, water line, sanitary sewer and/or other public utility services and uses, or any combination thereof, and includes all and any part of the entire width or other area of designated right-of-way, whether or not such entire width or area is actually used. Right -of-way includes access, pedestrian, equestrian and utility easements. The following sub-definitions are provided:
a. Public right-of-way. A right-of-way owned by the City or any other public entity or public utility. b. Private right-of-way. A right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and which no improvements or maintenance has regularly been performed by the city or other public entity.
c. Railroad right-of-way. A strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right -of-way, whether or not the entire width or area is actually used for such railroad facilities.
ROOF STYLE.
a. Flat: A roof that is almost level, with no significant slope (pitch) in any direction. Most flat roofs have a very gentle slope for rainwater run-off.
b. Gable: A gable roof is one where only two opposite sides (usually the longer sides) slope, with walls that extend all the way to the top of the roof ridge in a triangular shape. c. Gambrel: A gambrel roof is a symmetrical two-sided roof with the longer sides having two segments at different pitches.
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d. Hip: A hip roof (or hipped roof) is one where all four sides slope.
SETBACK. The required distance that a building, structure, parking or other designated item must be located from a lot line.
SHOE REPAIR SHOP. An establishment which repairs, shines, and polishes shoes. Typically includes machinery necessary to repair shoes, and may include retail sales of shoes.
SHOPPING CENTER. A continuous area of land under single ownership or operated under a single direction, developed for retail and general commercial purposes, and typically has at least one major tenant and several smaller shops. Typically has driveways and parking facilities which are shared between tenants.
SIGN SHOP. An establishment which produces general advertising signs of various shapes and sizes for sale at retail.
SLOPE. The formula for calculating slope shall be as follows:
S = (I × L × 100)/A
S = Average existing slope in percent for the portion of the site or lot to be developed.
I = Contour interval in feet.
L = The combined length in feet of all contour lines within the portion of the site or lot to be developed.
A = Total area in square feet of the portion of the site or lot to be developed.
The total area within a site or lot that is proposed to be graded and/or covered with structures shall be included in the slope calculation. Areas proposed to be left undisturbed shall not be included.
SPECIAL DESIGN OVERLAY DISTRICT (SD). A zoning overlay which promotes the conservation and compatibility of development in areas of historic or architectural character and has specific architectural requirements for new development which enhances these resources. This District is comprised of the following Subdistricts:
a. "B" Street Special Design Streetcar District (SD-1). b. Mission Corridor Special Design District (SD-2).
c. Cottage Special Design District (SD-3).
SPECIAL LOT STANDARDS COMBINING DISTRICT (B). An overlay zone which depicts specific development standards for the zoning district it is combined with. See Section 10- 1.2400.
SPORTING GOODS STORE. An establishment which sells sporting goods to the public at retail. Typically includes sports equipment (i.e., balls, bats, tennis rackets, golf clubs, skis and ski poles), and may include related clothing (i.e., tennis shoes for running, walking, basketball, etc., and sweat pants, shorts, shirts, and hats.) May also include the ancillary sale of used sporting goods.
STATION AREA RESIDENTIAL DISTRICT (SAR).
Note(s)—Repealed by Ordinance 11-12, adopted October 11, 2011.
STATIONARY STORE. An establishment which sells office-related products to the public at retail. Products typically includes paper products, calendars, pens and pencils, and may include small office equipment, such as filing cabinets, brief casesbriefcases, and calculators. Usually includes the sale of greeting cards, wrapping paper, photo albums, picture frames, globes, maps, and other related products.
STORAGE. A space or place where goods, materials and/or personal property is put for more than 24 hours.
The following subdefinitions are provided:
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a. Minor Open Storage. Outside storage that is accessory or ancillary to the primary or conditional use conducted on the site, which shall not exceed 25 percent of an open yard area, excluding any required yard or parking area.
b. Public Storage Facility. A space or place within an enclosed building where goods, materials, and/or personal property may be put for more than 24 hours for a fee. Typically includes a manager's dwelling unit and customer parking.
c. Recreational Vehicle Storage Facility. See definition for "Recreational Vehicle (RV) Storage Facility." STORAGE YARD. Outdoor storage of goods, materials, equipment as well as storage of operating equipment for warehouses such as forklifts, pallets and racks outside of a building for more than 24 hours as a primary use.
This classification excludes auto-related outdoor storage uses otherwise defined in this section such as AUTOMOBILE STORAGE YARD, AUTOMOBILE DISMANTLING FACILITY and TOWING YARD.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused underfloor space shall be considered as a story. A mezzanine or loft that covers a portion of the floor below still constitutes a story.
STREET. A publicly maintained right-of-way for use as a public thoroughfare by the public at large, or a private street, provided said private street has been approved by the City Council.
STREET TREE. A tree located within the right-of-way, often within a sidewalk well.
STRUCTURAL ALTERATIONS. Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
STRUCTURE. Anything constructed or erected, except fences not exceeding seven six feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
SUBDIVISION. The division of land as regulated by the Subdivision Ordinance, Article 3, Chapter 10, of the Hayward Municipal Code.
SUBDISTRICT. A subcategory of a primary zoning district.
SUNTAN PARLOR. An establishment which provides tanning facilities for use by the public for a fee.
SUPERMARKET. An establishment which does retail sales of food, beverages, drugs, variety items, and similar goods. May include an automated teller machine or related financial facility.
TAILOR/SEAMSTRESS SHOP. An establishment which sews, alters, and/or mends clothing and costumes for the public for a fee. Typically includes sewing machines and sewing notions for use by the proprietor.
TANNING SALON. See "SUNTAN PARLOR."
TATTOO PARLOR. An establishment which provides a tattooing service to customers. May include body piercing as an ancillary use.
TAVERN. See "BAR, COCKTAIL LOUNGE."
TAXI COMPANY. An establishment which provides vehicle rides to the public for a fee. Typically includes automobile and/or van rides, for single passenger pick-ups and drop-offs. Minor automobile repair of vehicles used by the proprietor is permitted on-site (i.e., oil change, tune-ups).
TEMPORARY USE. Short-term activities that are non-permanent, intermittent, or seasonal in nature. May not be located within public-right-of-way. Refer to Section 10-1.2735 for regulations on Temporary Uses.A use 167
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established for a specific period of time, with the intent to discontinue the use at the end of the designated time period. Example includes retail sidewalk or tent sales. For animals, "temporary use" shall mean the keeping of animals for specified periods of time either following birth, for purposes of recovery by no -profit breed rescue organizations, or other reasons as determined by the Planning Director.
THEATER. A building or outdoor structure where films, motion pictures, video cassettes, slide or similar photographic reproductions are regularly shown, or an establishment regularly featuring live performance of dramatic productions, for any form of consideration.
a. SMALL MOTION PICTURE THEATER. An establishment having two (2) or fewer screens or less than two hundred (200) seats.
b. LARGE MOTION PICTURE THEATER. An establishment having three (3) or more screens or two hundred (200) or more seats and showing first run films. Large Motion Picture Theaters are also referred to as multi-plex or multi-screen theaters.
c. LIVE PERFORMANCE THEATER. An establishment having one or more stages and featuring live or dramatic productions.
THRIFT STORE. An establishment engaged in the retail sales of used or donated goods (including clothing, furniture, appliances, etc.).
TOY STORE. An establishment which sells toys and games to the public at retail.
TRAILER. A vehicle without motor power used or adaptable for living, sleeping, business or storage purposes, having no function other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character unless the entire structure is erected and maintained in accordance with prevailing laws.
TRANSITIONAL AND SUPPORTIVE HOUSING. Transitional and supportive housing are more permanent housing options providing a more stable living situation for individuals and families that might otherwise be homeless with stay lengths that are typically six months or longer. Transitional and supportive housing uses are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
TRAVEL AGENCY. See "OFFICE."
TREE LINE. An intact assemblage of trees connected to a larger forested area as defined on a property survey prepared by a Licensed Land Surveyor. This does not include small groupings or individual trees that are not connected to the larger forested area.
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TRIANGLE OF VISIBILITY. The area formed at a corner intersection of two property lines whose two sides are 30 feet measured along the property lines and whose third side is a line connecting the two sides, as illustrated below. See also Hayward Traffic Code, Sections 9.01 through 9.05, as amended from time to time.
TRUCK TERMINAL. A facility which provides a transfer, loading, and unloading point for trucks and automobiles carrying goods and products. Typically includes fuel and food facilities.
UNATTENDED COLLECTION BOXES. Unattended collection box shall mean any unattended container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing and other salvageable personal property. See General Regulations "Recycling Facilities" for specific regulations.
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UPHOLSTERY SHOP. A facility which re-upholsters household furnishings of all types (i.e., couches, chairs, footstools, pillows, etc.), for a fee (does not include automobile upholstering).
USE. The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.
USE PERMIT. A land use permit termed a "discretionary entitlement" to operate a specified land use on a given parcel. Usually an activity or business. The following subcategories of use permit are provided:
a. Administrative Use Permit. A Use Permit issued administratively by the Planning Director or his or her appointee. An Administrative Use Permit is typically subject to exactions and conditions of approval. b. Conditional Use Permit. A Use Permit issued by the Planning Commission or City Council through a public hearing process. A Conditional Use Permit is typically subject to exactions and conditions of approval.
VACANT BUILDING/SITE. A building, structure or real property that is undeveloped, unoccupied or occupied by a person without a legal right to occupy for at least 30 days. In determining whether a building or site is vacant, the Planning Director or designee may consider these factors among others:
a. A building at which lawful residential or business activity has ceased. b. The building or site is substantially devoid of contents. c. The building or site lacks legally connected utility services, including but not limited to water, sewer, electrical or natural gas.
d. This definition does not include building, structures or sites that are undergoing construction or renovation and which are in compliance with all applicable ordinances, codes, legislation, and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.
VARIANCE. A discretionary entitlement which permits the departure from the strict application of the development standards contained in this Zoning Ordinance.
VARIETY STORE. An establishment which provides a variety of goods to the public for sale at retail. Typically includes hair care products, a pharmacy, non-prescription drugs and hygiene products, cleaning supplies, toys, games, small household appliances, dishes, make-up, candy, etc.
VEHICLE. The term "vehicle" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle as defined herein for sleeping purposes shall be prohibited except within an appro ved mobile home park.
VEHICLE RENTAL. See "AUTOMOBILE RENTAL."
VEHICLE REPAIR. See "AUTOMOBILE REPAIR."
VEHICLE SALES. See "AUTOMOBILE SALES."
VEHICLE SERVICING. For vehicle servicing such as same-day lube, oil, and filter, see "AUTOMOBILE REPAIR - MINOR." For major vehicle repairs such as engine overhauls, vehicle upholstery, auto glass, mufflers, etc., see "AUTOMOBILE REPAIR - MAJOR."
VIDEO SALES AND RENTAL STORE. An establishment which sells at retail and/or rents video tapes to the public.
WAREHOUSE AND DISTRIBUTION FACILITY. Establishments primarily engaged in the sale, storage, and distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or 170
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business customers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for distribution in smaller lots. Does not include public storage facilities.
WASTE TRANSFER/HANDLING FACILITY. A facility that transports or handles hazardous waste, medical wastes or other wastes from offsite sources. Subject to Outdoor Storage limitations.
WASTE TREATMENT FACILITY. A facility that treats hazardous waste, medical waste or other waste from offsite sources. Subject to Outdoor Storage limitations.
WHOLESALE ESTABLISHMENT. The sale of commodities and goods to an establishment for resale to the consumer.
WIND ENERGY CONVERSION SYSTEM. A machine that converts the kinetic energy in the wind into a usable form. A wind energy conversion system is commonly known as a windmill or wind turbine , and includes all parts of the system including the tower and the transmission equipment.
WINE SHOP. "Wine Shop" shall mean an alcoholic beverage sales establishment, managed by a certified sommelier or oenologist, primarily for the retail sales of wine from multiple wineries and distributors that involves no sales of liquor or distilled spirits. Wine tasting may be included as an accessory use, but the wine shop cannot operate as a bar.
YARD. The word "yard" shall mean an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided herein. A yard extends along a lot line or official plan line to a depth or width specified in the yard regulations for the District in which such lot is located.
a. Front Yard. A yard extending along the full length of the front lot line between the side lot lines, except for flag-shaped lots where yard areas shall be calculated excluding the stem of the lot, and the front yard shall be parallel to the right-of-way unless determined otherwise by the Planning Director. The developer of a corner parcel may select as the front yard property facing either of the two rights -of- way at the time of initial development of the property. 171
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b. Rear Yard. A yard extending along the full length of the rear lot line between the side lot lines of an interior lot. The rear yard of a corner parcel shall be determined by the Planning Director and shall be opposite either of the two rights-of-way.
c. Side Yard. A yard extending along a side lot line from the front yard to the rear yard, or from the front lot line to the rear yard where no front yard is required. In determining side yards based on a percentage of lot width where the lot is irregular in shape, the width shall be determined by calculating the lot width at a point of 20 feet from the front property line. d. Side Street Yard. A yard extending along a lot line, other than a front, rear, or interior side line, between the front yard and a side or rear lot line. The developer of a corner parcel may select the side street yard from property facing either of the two rights-of-way. (Section 10-1.3510 amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 02-08, adopted July 16, 2002; Ordinance 03-08, adopted May 27, 2003; Ordinance 04-13, adopted September 28, 2004; Ordinance 04-19, adopted December 21, 2004, amended by Ordinance 06-11, adopted July 11, 2006, amended by Ordinance 06 -14, adopted July 11, 2006; amended by Ordinance 17-09, adopted June 20, 2017; amended by Ordinance 17-16, adopted Nov. 7, 2017; amended by Ordinance 17-15, adopted Nov. 28, 2017; amended by Ordinance 19-10, adopted June 4, 2019; Amended by Ordinance 21-05, § 5, adopted July 20, 2021; Amended by Ordinance 24-01, adopted Jan. 23, 2024)
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ARTICLE 2 OFF-STREET PARKING REGULATIONS
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No. 25, Update 1)
ARTICLE 2 OFF-STREET PARKING REGULATIONS1
I. PURPOSE AND DEFINITIONS
SEC. 10-2.000 PURPOSE.
These regulations are intended to achieve the following:
a. To relieve congestion on streets by providing convenient off-street parking and loading facilities in proportion to the demand created by the use;
b. To provide for the safe and orderly movement of traffic through proper design and location of adequate parking, loading, and maneuvering areas;
c. To protect neighborhoods and surrounding land uses from vehicular parking, loading and traffic congestion, noise, and dust through proper aesthetic design and location of entries, parking areas, and landscaping;
d. To promote businesses and industries by providing safe, convenient, attractive shopping and working environments;
e. To encourage the use of alternate forms of transportation; f. To Implement the City's climate change, transportation, affordable housing, and economic development objectives established by the Hayward 2040 General Plan; g. To Provide for the safe, efficient, and equitable use of electric automobiles; and h. To Reduce the air pollution and greenhouse gas emissions generated by automobile use. (Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023)
SEC. 10-2.100 DEFINITIONS.
Certain words and phrases are defined within these regulations. Where it appears from the context of such words, phrases, or provisions that a different meaning is intended, the definition shall be as determined by the Director of Community and Economic Development/Planning Director. a. "Assigned Parking." The words "Assigned Parking" shall mean parking spaces in a residential parking facility that are assigned or designated for use by a specific living unit within the building or residence. b. "Automatic Load Management Systems (ALMS)." The words "Automatic Load Management Systems (ALMS)" shall mean a control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, or panels, and share electrical capacity and/or automatically manage 1Note(s)—Adopted April 12, 1977, Ordinance No. 77-016 C.S., Amended in its entirety by Ordinance 96-13, adopted July 16, 1996; Amended by Ord 99-14, adopted September 7, 1999; Amended by Ordinance 01-09, adopted July 24, 2001; Amended by Ordinance 04-19, adopted December 21, 2004; Amended by Ordinance 05-11, adopted October 4, 2005; Repealed and replaced by Ordinance 06-12, adopted July 11, 2006; Amended by Ordinance 11-12, adopted October 11, 2011.
Attachment IV, Exhibit H
Attachment IX
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power at each connection point. ALMS systems must be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11. c. "Direct Current Fast Charging (DCFC)." The words "Direct Current Fast Charging (DCFC)" shall mean a parking space provided with electrical infrastructure that meets the following conditions:
1) A minimum of 48 kVa (480 volt, 60-ampere) branch circuit. 2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
d. "Electric Vehicle Charging Station (EVCS)." One or more electric vehicle charging spaces served by EVSE or receptacles.
e. "Electric Vehicle Supply Equipment (EVSE)." The words "Electric Vehicle Supply Equipment (EVSE)" shall mean the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
f. "Level 2 Electric Vehicle (EV) Charger." A 208/240-volt 30-ampere minimum electric vehicle charger connected to the premises electrical system capable of charging electric vehicles. g. "Level 2 EV Capable." The words "Level 2 EV Capable" shall mean a parking space provided with electrical infrastructure that meets the following requirements:
1) Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
2) The conduit shall be designed to provide at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. 3) The electrical panel shall reserve a space for a 208/240 volt, 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE." 4) Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 208/240 volt, 40 amperes.
5) The parking space shall contain signage indicating the space is EV Capable in accordance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
h. "Level 2 Electric Vehicle (EV) Charging Receptacle." The words "Level 2 Electric Vehicle (EV) Charging Receptacle" shall mean a 208/240-volt 40-ampere minimum branch circuit and a receptacle. i. "Level 2 EV Ready." The words 'Level 2 EV Ready' shall mean a parking space that is served by a complete electric circuit with the following requirements:
1) A minimum of 8.3 kVa (208/240 volt, 40-ampere) branch circuit. 2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
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j. "Low Power Level 2 EV Ready." The words "Low Power Level 2 EV Ready" shall mean a parking space that is served by a complete electric circuit with the following requirements:
1) A minimum of 4.1 kVA (208/240 Volt, 20-ampere) branch circuit. 2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
k. "Unassigned or Common Use Parking." The words "Unassigned or Common Use Parking" shall mean parking spaces in a residential parking facility that are not reserved for or assigned to a specific living unit within the building or residence, including guest, staff, or other non -resident parking. l. "Unbundled Parking." Vehicular parking for sale or lease to residents of a building separate from the sale or lease of living units within that residential building. (Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025)
II. GENERAL PROVISIONS
SEC. 10-2.200 APPLICATION.
This article shall not apply to existing uses established prior to its adoption except as hereinafter modified.
Off-street parking and loading spaces shall be provided subject to the provisions of this chapter:
a. The Off-Street Electric Vehicle Charging requirements in this Article shall apply at the time of construction of any new building.
1) For EV charging infrastructure requirements for existing nonresidential buildings, see Section
5.106.5.4 of the California Green Building Standards Code. 2) For EV charging infrastructure requirements for existing residential buildings, see Section
4.106.4.3 of the California Green Building Standards Code. 3) For additional EV infrastructure requirements for select nonresidential buildings, see Section
5.106.5.5 of the California Green Building Standards Code. b. At the time of construction of any new building.
c. At the time an existing building is altered or enlarged, except in the Central Parking District. The number of parking spaces or loading berths required for a major alteration or enlargement of an existing structure shall be in addition to the number of spaces or berths existing prior to the alteration or enlargement. The required number of parking spaces for that portion of the building existing prior to the alteration or enlargement shall not be increased as a result of the alteration or enlargement. F or purposes of these requirements, 'major alteration or enlargement' shall mean an alteration or enlargement that would increase the number of parking spaces or loading berths required by at least 25 percent or by at least 10 parking spaces, whichever is greater. d. At the time a new use is established in an existing building, where a major change of use or expansion in the existing use is involved for any lot, structure, or building, except in the Central Parking District, additional parking shall be provided for the new use based on the difference between the parking 175
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requirements for the new use as set forth in this article and the parking requirements for the prior use.
For purposes of these requirements, 'major change of use' shall mean a change of use that would increase the number of parking spaces or loading berths required by at least 25 percent or by at least 10 parking spaces, whichever is greater.
e. At the time that cumulative additions to a residential building increase the original building floor area by more than 50 percent per unit or increase the number of sleeping rooms.
NOTE: Excess parking spaces existing at the time a building is increased in area or a new use is established may be credited toward meeting the required parking. (Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025) SEC. 10-2.201 EXISTING PARKING AREAS.
No existing use of land or structure shall be deemed a nonconforming use solely because of the lack of off - street parking or loading facilities required by this article. A change of occupancy is not a change of use unless the new occupant is considered in a different use classification, as described in Chapter 10, Article 1, the Zoning Ordinance, than the former occupant.
SEC. 10-2.202 PRIOR USE REQUIREMENTS.
No required parking spaces in existence prior to the date of this article, or established pursuant to the provisions of this article or subsequent amendments thereto, shall be eliminated unless an equivalent number of alternate spaces are provided in conformance with the requirements of this article.
SEC. 10-2.203 FRACTIONAL SPACES.
Any required fractional parking space shall be considered a required whole space.
SEC. 10-2.204 MIXED USES.
The total requirement for off-street parking spaces shall be the sum of the requirements of the various uses on the site except as provided in Section 10-2.401, Shared Parking, and Section 10-2.402, Off-site Parking.
SEC. 10-2.205 ADMINISTRATION.
Except where indicated otherwise, the Director of Community and Economic Development/Planning Director shall administer and interpret these regulations. Prior to authorization for occupancy of any structure, including authorization for gas and/or electric meter service, City officials shall ensure that the use, arrangement, construction, and improvements are in accordance with plans approved through the verification of zoning compliance procedure.
III. REQUIRED RATIO OF PARKING SPACES
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SEC. 10-2.300 REQUIRED RATIO OF PARKING SPACES.
Uses not specifically listed in this article shall provide the minimum off -street parking required of the use most similar in nature, as determined by the Director of Community and Economic Development/ Planning Director. Additional parking spaces may be required for developments requiring conditional use permits, parcel map or tract map approvals, or other conditionally approved projects at the discretion of the Director of Community and Economic Development/Planning Director.
SEC. 10-2.310 RESIDENTIAL USES.
The number of off-street parking spaces required for residential shall be:
USES PARKING SPACES REQUIRED
DETACHED RESIDENTIAL:
Up to 3,000 gross square feet 2.0 covered within an enclosed garage per dwelling unit
Greater than 3,000 gross square feet 3.0 covered within an enclosed garage per dwelling unit
If a lot abuts a public or private street that has no
parking lane on either side of the street or is posted
for no parking on both sides of the street.
2.0 covered per dwelling unit within an enclosed
garage plus 2.0 uncovered per dwelling unit. Driveway
parking spaces can satisfy the uncovered parking
requirement.
If a dwelling with a single car garage was built prior to March 24, 1959.
1.0 covered within an enclosed garage per dwelling
unit
DUPLEXES, TRIPLEXES, MULTI-UNIT RESIDENTIAL (4+
UNITS):*
Studio 1.0 covered and 0.50 uncovered per dwelling unit One-bedroom 1.0 covered and 0.70 uncovered per dwelling unit Two or more bedrooms 1.0 covered and 1.10 uncovered per dwelling unit LIVE/WORK See Section 10-2.204
SENIOR (62+) RENTAL HOUSING3 0.5 covered per dwelling unit HOUSING FOR INDIVIDUALS WITH DISABILITIES3 0.3 covered per dwelling unit MOBILE HOMES 2.0 per mobile home space, plus 1.0 guest parking space per three mobile home spaces within a mobile
home park
CARETAKER QUARTER 1.0 per caretaker quarter unit
SINGLE ROOM OCCUPANCY (SRO) 1.0 per sleeping unit
1. Group Homes, Supportive Housing and Transitional Housing shall provide the required ratio of parking spaces for a detached residence, duplex, triplex or multi-unit residential (4+ units), whichever is most consistent with the building form.
2. Ten percent of parking spaces required shall clearly be marked for visitor's parking, at least 70 percent of which shall accommodate standard size vehicles. Where less than 10 parking spaces are required, a minimum of one standard parking space shall clearly be marked for visitor's parking.
3. If any of the residential dwelling units are for designed and occupied by this population, this parking regulations shall apply.
(Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. B), adopted January 21, 2025) 177
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SEC. 10-2.320 LODGING, REST HOMES AND HOSPITAL USES.
The number of off-street parking spaces required for boarding, hotels, convalescent homes, and hospital uses shall be:
USES PARKING SPACES REQUIRED
DORMITORYMEDIUM and LARGE GROUP HOMES 1.2 for each occupant based on capacity as designed.
For convalescent facilities, 1.0 for each 3.0 beds.
HOTELS and MOTELS 1.0 for each room, plus 1.0 for each two employees on the largest shift,
plus
15% additional truck/trailer combination parking
spaces, if located in an Industrial zoned area
CONVALESCENT FACILITY 1.0 for each 3.0 beds
HOSPITALS 1.0 for each hospital bed
EMERGENCY SHELTER, LOW BARRIER NAVIGATION
CENTER
1.0 for each three employees on site during the shift
that has maximum staffing, plus 1.0 space for each
facility vehicle
(Amended by Ordinance 25-02, § 1(Exh. B), adopted January 21, 2025) SEC. 10-2.321 PLACES OF LODGING, REST HOMES AND HOSPITAL USES ADDITIONAL PARKING.
Additional parking spaces for those areas used for offices, laboratories, pharmacies, cafeterias, restaurants, or other uses shall be required pursuant to Section 10-2.204, Mixed Uses. The amount of additional parking spaces required shall per the appropriate 'use' table.
SEC. 10-2.330 PLACES OF PUBLIC ASSEMBLY USES.
The minimum number of off-street parking spaces required for places of public assembly uses shall be:
USES PARKING SPACES REQUIRED
PLACES OF PUBLIC ASSEMBLY, having fixed seating,
including:
Auditoriums
Recreation facilities (Race tracks,
Sports arenas,
Stadiums, etc.)
Theaters
1.0 for each 4.0 seats
or
1.0 for each 50 square feet of gross floor area used for public assembly, whichever is greater
PLACES OF PUBLIC ASSEMBLY, having no fixed seating,
including:
Associations
Business, trade, and professional societies
Card rooms
Clubs
Community centers
Convention or meeting halls
Cultural facilities (excluding religious facilities)
1.0 for each 5.0 seats
plus
1.0 for each 1200 gross square feet of non-seating
area
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Recreational facilities (excluding golf courses, skating rinks, and commercial swimming pools)
Lodges
Union Halls
ATHLETIC clubs, gymnasiums, health clubsHEALTH
CLUBS/FITNESS STUDIOS
1.0 per 200 square feet of gross floor area
BOWLING alleys 4.0 for each lane
BILLIARD halls 2.0 for each table
CHURCHESRELIGIOUS FACILITIES,
mortuariesMORTUARIES and funeral homesFUNERAL
HOMES
For area used for the main assembly: 1.0 for each five
seats (22 inches of bench is equivalent to one seat or
1.0 for each 100 square feet of gross floor area,
whichever is greater)
GOLF courses, driving range 5.0 per hole
plus
1.0 per range tee
LIBRARIES, museums, art galleries 1.0 per 300 square feet of gross floor area SCHOOLSEDUCATIONAL FACILIITES:
Colleges, not including dormitories, stadiums, and
gymnasiums
1.0 for each two full-time equivalent students enrolled High schools, not including stadiums and
gymnasiums
1.0 for each four daytime students
Intermediate and elementary schools 1.2 for each classroom Business, trade and other schools 1.0 for each four students Nursery schools and day care facilities 1.0 for each four students, plus a drop off area SKATING rinks 1.0 for each 200 gross square feet of skating area SWIMMING pools, commercial 1.0 for each 200 gross square feet of water surface and dressing room area
TENNIS courts/racquet, commercial 3.0 per court
SEC. 10-2.331 PLACES OF PUBLIC ASSEMBLY USES ADDITIONAL PARKING.
Additional parking spaces in places of public assembly for those areas used for offices, restaurants, taverns, or other uses shall be required pursuant to Section 10-2.204, Mixed Uses. Additional parking spaces for bowling alleys, golf courses, swimming pools, tennis courts, gymnasiums, or similar uses shall be required for fixed spectator seating per 'Places of Public Assembly having fixed seating.' The amount of additional parking spac es required shall per the appropriate 'use' table.
SEC. 10-2.340 OFFICE, RETAIL, AND SERVICE USES.
The minimum number of off-street parking spaces required for office, retail, and service uses shall be:
USES PARKING SPACES REQUIRED
AUTOMOBILE washing operationCAR WASHs:
Conveyor type Five times the length of the washing operation in queuing space
plus
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2.0 parking spaces for drying and cleaning
purposes per washing area or stall
In all cases a minimum of 200 feet of queuing
space and 5 parking spaces for drying and cleaning
shall be provided
Non-conveyor type or self-service 3.0 queuing spaces per washing area in front of washing area or stall
plus
2.0 parking spaces for drying and cleaning
purposes per washing area
BARBER shops, beauty salons, nail care, massage parlors, tanning salons PERSONAL SERVICES
2.0 for each chair or 1.0 for each 100 square feet
of gross floor area, whichever is greater
GASAUTOMOBILE service stationsSERVICE STATION 1.0 for each employee on the largest shift plus
2.0 for each hoist, rack, or area primarily designed
for the servicing or minor repair of one motor
vehicle, excluding fuel pump service areas
plus
1.0 for air/water dispenser
In all cases, a minimum of three off-street parking
spaces must be provided.
GAS service stationsAUTOMOBILE SERVICE STATION with
mini-markets
1.0 for each employee on the largest shift
plus
2.0 for each hoist, rack, or area primarily designed
for the servicing or minor repair of one motor
vehicle, excluding fuel pump service areas
plus
1.0 for air/water dispenser
plus
1.0 for each 400 square feet of gross floor area.
In all cases, a minimum of five off-street parking
spaces must be provided.
LAUNDRY, self-service or dry-cleaning, self-service 1.0 for each two washing/dry cleaning machines plus
1.0 for each dry-cleaning machine
OFFICES, general, including banks and similar financial institutions, and professional offices except medical or dental offices
1.0 per 250 square feet of gross floor area
OFFICES, medical and dental offices, clinics and
laboratories, including Cannabis Testing Laboratories
1.0 for each 200 square feet of gross floor area
RESTAURANTS/BREWERIES/WINERIES/DISTILLERIES/BARS,
taverns, bars, night clubs, lunch counters, soda fountains, diners, and other eating or drinking establishments (floor area includes outdoor seating area)
1.0 per three seats of seating area, including
outdoor seating
plus
1.0 per 200 square feet of gross floor area for
other areas.
In the Industrial area, if lot abuts a street that has
no parking lane on either side of the street or is
posted for no truck parking on both sides of the
street, additional on-site truck parking may be
required.
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RETAIL establishments characterized by hand-carried
merchandise in which a customer makes quick purchases
or rentals in small quantities, including:
Cleaners without a cleaning plant
Convenience stores
Commercial Cannabis Retail Dispensaries
Delicatessen
Doughnut shops
Ice cream shops
Laundry without a cleaning plant
Off-sale liquor establishments
Take out restaurants
Video stores
1.0 per 175 square feet of gross floor area where
the total gross floor area of the development,
whether an individual establishment or a shopping
center, is 10,000 square feet or less
or
1.0 per 215 square feet of gross floor area where
the total gross floor area of the development,
whether an individual establishment or a shopping
center, is over 10,000 square feet
RETAIL establishments characterized by hand-carried
merchandise, including:
Apparel shops
Convenience stores
Department stores
Food markets
Off-sale liquor establishments
Pharmacies
Photography shop
Sporting goods
Take out restaurants/cafes (deli, ice cream shop, etc.) Variety stores
1.0 per 200 square feet of gross floor area where
the total gross floor area of the development,
whether an individual establishment or a shopping
center, is 10,000 square feet or less
or
1.0 per 225 square feet of gross floor area where
the total gross floor area of the development,
whether an individual establishment or a shopping
center, is over 10,000 square feet, but less than
40,000 square feet
or
1.0 per 250 square feet of gross floor area where
the total gross floor area of the development,
whether an individual establishment or a shopping
center, is over 40,000 square feet.
RETAIL establishments and service and/or repair
establishments generally characterized by large or heavy merchandise and including:
Appliances
Building materials
Building trade uses, such as heating, plumbing, roofing, sheet metal working, woodworking
Business machines
Furniture
Hardware
Household equipment
Nursery products
Printing
Upholstering
Vehicles equipment
Vehicle sales and rental, including motorcycles, jet skis, recreational vehicles, trailers, etc.
1.0 for each 250 square feet of gross floor area
used for offices, sales and display
plus
1.0 for each 600 square feet of gross floor area
used for repair or services
plus
1.0 for each 1,000 square feet of gross floor area
used for indoor storage
plus
1.0 for each 2,000 square feet of gross area used
for outdoor sales, sales display or storage.
VEHICLE repair and serviceAUTOMOBILE REPAIR 1.0 for each 500 square feet of gross floor area
(Amended by Ordinance 17-15, adopted Nov. 28, 2017)
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SEC. 10-2.341 UNKNOWN OFFICE, RETAIL AND SERVICE USES.
When the type of occupancy or use is unknown or uncertain for a commercially zoned site, the minimum off - street parking required is 1.0 space for each 200 square feet of gross floor area.
SEC. 10-2.350 WHOLESALE, MANUFACTURING, STORAGE, TRANSPORTATION, AND SIMILAR USES.
The minimum requirements for wholesale, manufacturing, storage, transportation, and similar uses are:
USES PARKING SPACES REQUIRED
All wholesaleWHOLESALE,
manufacturingMANUFACTURING, storageSTORAGE,
transportationTRANSPORTATION, and similar uses
except as specifically identified below.
1.0 for each 500 square feet of gross floor area, or
If the building or structure has leasable bays of 2,500 square feet or greater, the minimum off-street parking
required is 1.0 space for each 1,000 square feet of
gross floor area, or
If a building or structure has leasable bays of 10,000
square feet or greater, the minimum off-street parking
required is 1.0 space for each 1,500 square feet of
gross floor area, or
If a building or structure has leasable bays of 20,000
square feet or greater, the minimum off-street parking
required is 1.0 space for each 2,000 square feet of
gross floor area.
DATA CENTERS 1.0 for each 5,500 square feet of gross floor area Mini-storage facilitiesMINI-STORAGE FACILITIES 2.0 covered near the residential unit and 5.0 uncovered near the office
SalvageSALVAGE, wreckingWRECKING and dump
yardsDUMP YARDS
5.0 spaces, plus 1.0 for each 20,000 square feet of
outdoor areas under use, plus 1.0 space of adequate
size for all rolling stock stationed on the premises.
Passenger terminal facilities and stationsPASSENGER
TERMINAL FACILITIES and STATIONS for airports, BART
rail transit, railroads, or bus lines
1.0 for each 500 square feet of gross floor area, plus
additional spaces for commuter traffic as determined
by the City Engineer.
Research and developmentRESEARCH AND
DEVELOPMENT facilities
1.0 for each 500 square feet of gross floor area
T-hangarsT-HANGARS 1.0 for each based aircraft
Tie-downsTIE-DOWNS (open) 1.0 for each 3 based aircraft
(Amended by Ordinance 17-15, adopted Nov. 28, 2017; amended by Ordinance 19-10, adopted June 4, 2019) SEC. 10-2.351 WHOLESALE, MANUFACTURING AND STORAGE USES ADDITIONAL PARKING.
Note(s)—(Repealed by Ordinance 19-10, adopted June 4, 2019) 182
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SEC. 10-2.360 GOVERNMENTAL OR OTHER PUBLIC USES.
All governmental or other public uses shall provide the minimum off-street parking requirements of the use most similar in nature, as determined by the Director of Community and Economic Development/Planning Director.
IV. EXCLUSIONS, REDUCTIONS, EXCEPTIONS, AND APPEALS
SEC. 10-2.400 PARKING SPACE WIDTH REDUCTIONS.
Parking space widths for standard cars may be reduced by 6 inches at the discretion of the Director of Community and Economic Development/Planning Director, if it can be demonstrated that the proposed spaces are for the use of employees only and that adequate standard width spaces are available for the use of non -employees near the buildings.
SEC. 10-2.401 SHARED PARKING.
An administrative use permit may be issued for shared parking serving more than one use subject to the following specific findings and conditions of approval:
a. Up to 25 percent of parking facilities required for night-time or Sunday uses may be supplied by the off- street parking facilities provided by day-time and/or week-day use facilities. b. The following uses are considered as day-time and/or week-day uses: banks, business offices, medical offices, personal service shops, household equipment or furniture shops, clothing or service shops, manufacturing or wholesale buildings, and other similar primarily day-time and/or uses as determined by the Director of Community and Economic Development/Planning Director. c. The following uses are considered as night-time and/or Sunday uses: auditoriums incidental to a public or private school, churches, bars, bowling alleys, nightclubs, theaters, and other similar primarily night - time and/or Sunday uses as determined by the Director of Community and Economic Development/Planning Director.
SEC. 10-2.402 OFF-SITE PARKING.
An administrative use permit may be issued for off-site parking subject to the following specific findings and conditions of approval:
a. The building or use for which application is being made shall have the main entrance located within 500 feet along a traversable pedestrian route from the farthest proposed parking space; b. There is a useable pedestrian route along public streets or permanently established easements between the parking and the uses or structures served;
c. The adjacent or nearby properties will not be adversely affected relative to parking; d. The proposed traffic circulation will not be detrimental to the health, safety, and welfare of residents residing or working in or adjacent to the parking; and
e. The property owner(s) must enter into a written, recorded agreement with the City, in a form satisfactory to the City Attorney, describing the off-site parking plan and including a guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking, a recording of a covenant among the properties for access to and use of the off -site parking facilities, a 183
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provision stating that the City may, upon a finding by the Director of Community and Economic Development/Planning Director that there has been a change in use, modify, amend, or unilaterally terminate the agreement.
SEC. 10-2.403 RESIDENTIAL CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT PROGRAM.
In consideration of the financial commitment involved in providing a Transportation Demand Management Program and the fact that the use of alternative commute modes serves to reduce parking demand, a residential development, excluding detached residential developments, that is required to provide at least 20 off- street parking spaces may be allowed to reduce the parking requirements of this article by 5 percent if the development achieves a total of 15 points, as specified in the table below. Mitigation mea sures or infrastructure improvements, required by the California Environmental Quality Act (CEQA) or by the City, are not eligible for reductions offered within this section.
Transportation Demand Management Measure Point Value
A publicly accessible Class 4 bicycle facility through the development connecting to an existing or planned bike route identified in the City's Bike and Pedestrian Master Plan.
Along the facility, there shall be at least one bike repair station with an air pump and tools. A Class 1 bicycle facility could qualify if it is not part of the public right -of-way or private street.
10 A bus shelter for any bus route within a ¼ mile radius. The bus shelter must include seating for at least three people, lighting, a roof, and a map and schedule of the bus route. The bus shelter design and future maintenance shall be approved by the City o f Hayward and AC Transit.
10 A loading zone marked for ride-share vehicles that has capacity for at least two vehicles to stop.
5 A 50 percent increase in the long-term bicycle storage above the current Cal Green requirements.
5 On-site transit route maps, schedules and dynamic real time arrivals posted within a publicly visible and accessible area near the primary building entrance. The route maps, schedules and real time arrival information shall include all transit routes withi n ¼ mile radius.
5 (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.404 NON-RESIDENTIAL CREDIT FOR TRANSPORTATION DEMAND MANAGEMENT PROGRAM.
In consideration of the financial commitment involved in providing a Transportation Demand Management Program and the fact that the use of alternative commute modes serves to reduce parking demand, a non - residential development that is required to provide greater than 50 off-street parking spaces may be allowed to reduce the employee parking requirements of this article up to 6 percent by providing an Employee Transportation Coordinator and up to another 14 percent by implementing the first 13 items below f or a total of up to 20 percent. a. All developments may submit a plan for a Transportation Systems Management Program. The program may include, but is not limited to the following factors:
(1) Carpool/vanpool matching
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(2) Preferential parking for carpools and vanpools
(3) Financial subsidies and rewards to walkers/carpool/vanpool/bus/BART passengers and drivers (4) Employer provided vehicles for carpools and/or vanpools (5) Carpool/vanpool operating subsidies, e.g. insurance, fuel, maintenance (6) Provision of subscription bus services
(7) Sale of bus/BART passes/ticket books at the work site (8) On-site route maps and schedules
(9) Shuttle service to bus/BART
(10) Bus shelter provision and maintenance
(11) Alternative work hours
(12) Capital improvements for transit services
(13) Bicycle linkages to established bicycle routes
b. As a guideline, the position of an Employee Transportation Coordinator should involve at a minimum the following:
(1) The Employee Transportation Coordinator should have completed a Bay Area Air Quality Management District certified training curriculum, or as approved by the City Engineer; (2) The Employee Transportation Coordinator should be equipped with sufficient office space, marketing materials, clerical assistance, and telephone service to implement a complete transportation center;
(3) The Employee Transportation Coordinator should disseminate promotional materials and information to building occupants to encourage ride sharing and alternate work hours; (4) The Employee Transportation Coordinator should conduct a minimum of 2 information days annually;
(5) The Employee Transportation Coordinator should devote a minimum 1 hour per week for every 50 employees to encourage alternative commute modes;
(6) The Employee Transportation Coordinator shall prepare an annual report evaluating the extent and results of the Transportation Systems Management program, including measures undertaken by the employer, average number of employees using various modes of tr ansportation, total number of employees participating in alternative work hours, and any employer subsidies. c. In addition to the 6 percent reduction obtainable for providing an Employee Transportation Coordinator, a 14 percent reduction may be obtained if the Transportation Management Systems program shows how alternative modes will be implemented, the permanency of such modes, the extent of the program, the number of trips reduced, and the number of parking spaces eliminated by the alternative modes. The potential for maintaining the program will be considered in determining the reduction in required parking.
d. In addition, the property owner(s) must enter into a written, recorded agreement with the City, in a form satisfactory to the City Attorney, setting forth the substance of the Transportation Systems Management program and including a guarantee that there will be no substantial alteration in the Transportation Systems Management program that will create a greater demand for parking without the City's knowledge and approval, and a provision stating that the City may, upon a finding by the 185
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Director of Community and Economic Development/Planning Director that there has been a change in the plan, modify, amend, or unilaterally terminate the agreement. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.405 CREDIT FOR PROXIMITY TO PUBLIC TRANSPORTATION FACILITIES. a. Except for uses established in the Central Parking District, parking space requirements for public or private institutional or government uses, e.g., hospitals, office buildings, may be reduced by the Director of Community and Economic Development/Planning Director up to 15 percent, provided public transportation is available within 500 feet of the site or if public rail transportation is available within 1,000 feet of the site. b. Except for uses established in the Central Parking District, parking space requirements for retail establishments may be reduced by the Director of Community and Economic Development/Planning Director up to 15 percent, provided a public bus stop and shelter are immediately adjacent to the site and maintained by the retail establishment.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.406 CREDIT FOR TWO-WHEEL VEHICLE PARKING SPACE(S).
In addition to the off-street parking requirements heretofore enumerated, additional parking spaces or facilities for bicycles, motorcycles, and similar two-wheel vehicles shall be provided when more than 50 parking spaces are required. Location, area, design, and improvement of such space or facilities shall be as approved by the Director of Community and Economic Development/Planning Director. a. Credit for one parking space shall be given for each 4 bicycle spaces provided, whether the spaces are required or not. Bicycle spaces shall measure at least 2-feet by 7-feet and shall be located in groups of 4 and be equipped with locking devices for each bicycle. b. Credit for one parking space shall be given for each 2 motorcycle spaces provided, whether the spaces are required or not. Motorcycle spaces shall measure 4-feet wide by 8-feet long and shall provide an adequate maneuvering area to permit easy access to the space. c. Credits for bicycle and motorcycle parking, or a combination thereof, shall not exceed 5 percent of the total required parking spaces.
SEC. 10-2.407 TANDEM PARKING STANDARDS.
a. Tandem parking is permitted for detached residential and mobile homes. b. Tandem parking is permitted for duplexes, triplexes, and multi -family residential (4+ units) when spaces are assigned to the same dwelling unit.
c. Tandem parking may be permitted by the Director of Community and Economic Development/Planning Director for commercial parking facilities when a valet/attendant is on duty during the hours when the facility is being used.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
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SEC. 10-2.408 CARSHARING PROGRAMS.
In the Industrial Districts, required parking spaces may be substituted with designated carshare vehicle parking spaces, pursuant to the following:
a. Carshare vehicles shall be maintained for active use by a carshare service and not for other purposes. b. Carshare vehicles shall be made available to members of the carsharing service through an unattended, self-service operation 24 hours a day, seven days a week. (Added by Ordinance 19-10, adopted June 4, 2019)
SEC. 10-2.410 CENTRAL PARKING DISTRICT STANDARDS.
All requirements of this article shall apply to development located within the Central Parking District, as defined by Section 10-2.100, except as hereinafter modified. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.411 CENTRAL PARKING DISTRICT NON-RESIDENTIAL PARKING REQUIREMENTS.
1.0 space for each 315 square feet of gross floor area except for theaters; 1.0 space for each 4.0 seats.
An increase in the number of dwelling units within an existing building or the conversion of a non- residential use to residential within the Central Parking District shall not require providing parking spaces. If more than two floors are converted to residential use, the developer must meet the residential parking requirements for units on the additional floors. The developer shall demonstrate how the parking requirements for dwelling units on the additional floors will be fulfilled.
SEC. 10-2.412 CENTRAL PARKING DISTRICT RESIDENTIAL PARKING REQUIREMENTS.
Residential parking shall be provided on the site being developed. Use of combined facilities for residential parking requirements shall be permitted if parking facility is located on site of residential development. Parking shall be provided at the following rates:
1.0 covered and 0.50 uncovered spaces per dwelling unit.
0.5 space per dwelling unit for multiple-family dwellings providing housing exclusively for the elderly. (Occupancy requirements must be guaranteed, e.g., condition of government financing or grant, or other guarantee acceptable to the City.)
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.413 CENTRAL PARKING DISTRICT PARKING SPACE IN-LIEU PAYMENTS.
The Central Parking District requirements may be satisfied by providing payments in lieu of providing all or part of the required non-residential parking. Such payments shall be accepted on behalf of the City only when adequate municipal parking is available or will be provided within a reasonable walking distance of the proposed development, as determined by the Director of Community and Economic Development/Planning Director. Such payments shall be placed in a fund to be used for the provision of municipa l parking facilities serving the Central Parking District. The amount of such payments shall be determined by the Director of Public Works and be computed on the basis of the estimated cost of providing an equivalent number of spaces at the time the 187
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development is approved. The estimate shall include land costs computed at the fair market value for the land as established by the County Assessor. Construction costs shall be computed on the basis of construction of surface parking to City standards.
SEC. 10-2.414 UNBUNDLED PARKING.
Qualifying residential properties, as specified in California Civil Code Section 1947.1, shall unbundle the cost of parking from the cost of rent in accordance with California Civil Code Section 1947.1, as amended from time to time.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
Editor's note(s)—Ordinance 24-01, adopted January 23, 2024, repealed the former § 10-2.414, and enacted a new § 10-2.414 as set out herein. The former § 10-2.414 pertained to Downtown Core Area Specific Plan Reduction.
SECS. 10-2.415, 10-2.416 RESERVED.
Editor's note(s)—Ordinance 24-01, adopted January 23, 2024, repealed §§ 10-2.415, 10-2.416, which pertained to Central City—Plaza District Exceptions; Cottage District—Exceptions.
SEC. 10-2.417 SOUTH HAYWARD BART/MISSION BOULEVARD PARKING STANDARDS.
Note(s)—Repealed by Ordinance 11-12, adopted October 11, 2011.
SEC. 10-2.418 SOUTH HAYWARD BART/MISSION BOULEVARD PARKING AREA NON- RESIDENTIAL PARKING REQUIREMENTS.
Note(s)—Repealed by Ordinance 11-12, adopted October 11, 2011.
SEC. 10-2.419 SOUTH HAYWARD BART/MISSION BOULEVARD PARKING AREA RESIDENTIAL PARKING REQUIREMENTS.
Note(s)—Repealed by Ordinance 11-12, adopted October 11, 2011.
SEC. 10-2.420 EXCEPTIONS.
a. Central City—Plaza District Exceptions. Additional off-street parking spaces shall not be required for construction of new buildings for commercial uses located on the ground floor in the Central City- Plaza District. Off-street parking spaces shall not be required for construction of new buildings of similar area which replace demolished or damaged buildings within 6 months that were located all or partially in the Central City-Plaza District.
b. Near Transit—Exceptions. Any minimum off-street automobile parking ratios for a residential, commercial, or other development project shall not be enforced if the project is located within one -half mile of a major transit stop in accordance with California Government Code Section 65863.2, as amended from time to time. c. Other Exceptions.
(1) An exception may be granted from the provisions hereof where unnecessary or unusual hardship is shown and where such exception will not defeat the purposes of this article or the Zoning Ordinance. 188
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Possible reasons for issuing an exception include an unusually low number of employees for a given wholesale or manufacturing use; unusually small size of units; unusual topography, size, or shape of a parcel or existing structures; compatibility with the surrounding development; or other unusual conditions.
(2) Applications for exceptions shall be processed in accordance with Sections 10- 1.2815 through 10-
1.2825 and Sections 10-1.3305 through 10-1.3365 of the Zoning Ordinance. Notice of a decision by the Director of Community & Economic Development/ Planning Director on a parking exception which exceeds 25 percent of the parking requirements shall be given within 5 business days of the decision. (3) The Director of Community and Economic Development/Planning Director, or the Planning Commission upon referral by the Director of Community and Economic Development/Planning Director, may grant an exception when it can be determined that:
i. There are special conditions or circumstances peculiar to the property involved that do not apply generally to property in the same district;
ii. Literal interpretation of this article would cause a hardship or deprive the applicant of rights enjoyed by others in the same district, who have applied for parking since adoption of this ordinance;
iii. The granting of the exception does not grant a special privilege inconsistent with the limitations on other properties in the same district;
iv. The granting of an exception will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the requirements set forth in this article as nearly as is reasonably possible; and
v. The granting of an exception will not create a safety hazard or any other condition inconsistent with the purposes of this article.
(4) For purposes of this section, the fact that the proposed parking and circulation requirements on sites with existing buildings is in compliance with the requirements set forth in this article as nearly as is reasonably possible, may constitute a special circumstance warranting an exception under this section. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.430 APPEALS.
Any person aggrieved by the action of the Director of Community and Economic Development/Planning Director may appeal such action to the Planning Commission by filing a written appeal with the Development Review Services Division within 10 days from the date of such action. Upon completion of its consideration, the Planning Commission may sustain, or modify, or reverse the preceding decision.
Any member of the City Council may request review of an application on which the Director of Community and Economic Development/Planning Director or the Planning Commission has made a final decision. The Council Member requesting review shall file a written request for review with the City Clerk before the 10th day following the day the decision is rendered. The matter shall be scheduled for review and approval by the City Council. The City Council may approve, conditionally approve, or disapprove the appli cations based upon the relevant findings.
In the event significant new evidence, which may include change in the proposal, is presented at the time of hearing, the Council may return the matter to the approving authority for further consideration and a dec ision. If the application has previously been subject to notice under Section 10 -1.2820, it shall be scheduled for a hearing by the City Council and noticed in accord with Section 10-1.2820. No fees by the applicant shall be required when a member of the City Council requests review of an applicant. 189
V. LOCATION OF PARKING AND LOADING SPACES
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V. LOCATION OF PARKING AND LOADING SPACES
SEC. 10-2.500 PARKING SPACE LOCATIONS.
a. Except for non-residential uses in the Central Parking District and as noted in Section 10- 2.402 (Off-site Parking), required off-street parking spaces and access to parking spaces shall be located on the same parcel as the uses served.
b. No required residential parking spaces shall be located further than 200 feet from dwelling units. Where driveways exceed 40 feet in length, garages, carports, or other parking areas shall be designed to require vehicles to exit property in a forward direction.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.501 TRUCK LOADING SPACE LOCATIONS.
a. Truck loading spaces and the access and maneuvering areas serving loading spaces shall be located on the same parcel as the activity served and must be exclusive of the area used for required parking spaces and maneuvering areas. Truck loading spaces shall not interfere with on-street traffic, parking, or sidewalks.
Truck turning templates should be used for design.
b. Loading areas should not dominate the street frontage. Where loading docks or doors are located directly off abutting street(s), the following policy shall be used:
(1) If abutting street is a major street where the curb-to-curb width is 72 feet or more, the loading facility/dock/door, etc., shall be located so that a truck cannot use the street as a means to maneuver in a backwards motion towards the unloading point. This will require an unobstructed on -site minimum depth of 95—115 feet in front of the loading area. Driveways shall not be placed to line up with the loading docks.
(2) On industrial service roads (streets 40—48 feet curb-to-curb), truck maneuvering can take place within the street area. The driveway may be lined up with the loading dock. When a truck is parked at the loading point, it shall not project into the public right of way. A minimum of 65 feet shall be unobstructed and provided in front of the loading area. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.502 OFF-STREET PARKING ON/IN SLOPES.
Parking lots in all zones shall have a maximum of a 5 percent slope. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.503 OFF-STREET PARKING NEAR WALLS AND PROPERTY LINES. a. Except for detached residential units, duplexes, triplexes, and all development in industrial zones, parking and aisles shall be no closer than 5 feet to a building and shall be no closer than 5 feet to a property line in residential zones or where abutting residential zoning districts, 7 feet to a building or property line if a 2 foot vehicular overhang is allowed, or 7½ feet to a building or property line if a 2½ foot vehicular overhang is 190
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allowed. An exception may be made for lots less than 51 feet in width, in which case vehicular circulation may be located within 3 feet of a side property line.
b. For detached residential units, duplexes, and triplexes, driveways providing access to required parking shall be setback a minimum of 3 feet from a side property line and 2 feet from the primary building. c. In all zones, parking spaces adjacent to fences or walls shall be increased in width by at least 1 foot to accommodate door swing.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.504 OFF-STREET PARKING AND LOADING IN FRONT AND STREET SIDE YARD AREAS. a. Off-street parking and loading spaces or maneuvering areas for all types of vehicles —automobiles, trucks, recreational vehicles, bicycles, motorcycles, and similar two-wheel vehicles—shall not be located in any required front or street side yard, except as provided elsewhere in this article or as a part of an approved mobile home park plan.
b. Multi-unit residential parking and loading spaces shall be located behind the primary structure(s) in order to enhance the streetscape. The Planning Director may grant an exception to this requirement when it is determined to be infeasible or impractical.
c. In commercial and industrial zones, off-street parking spaces and driveway aisles shall be located no closer than 10 feet from the front and street side yard property lines, if the setbacks are less than 10 feet. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.505 OFF-STREET PARKING AND LOADING IN INTERIOR SIDE YARD AREAS. a. In residential zones (RL, RNP, RM, RH), parking and loading spaces shall not be located in a required side yard, except as specified in Section 10-1.2735.
b. In commercial and industrial zones, parking and driveway aisles may be located in required interior side yards in conformance with Section 10-2.503 (Off-Street Parking Near Walls and Property Lines). (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.506 RESERVED.
Editor's note(s)—Ordinance 24-01, adopted January 23, 2024, repealed § 10-2.506, which pertained to off-street parking and loading in rear yard areas.
VI. DESIGN STANDARDS FOR PARKING AND LOADING SPACES
SEC. 10-2.600 CONFORMANCE BY TWO-WHEEL VEHICLES AND RECREATIONAL VEHICLES.
All parking and loading facilities shall meet the minimum dimensions and standards set forth in this article, including the appendices. Parking facilities for bicycles, motorcycles, and similar two -wheel vehicles shall incorporate security locking devices in their design, and such parking facilities, as well as recreational vehicle parking facilities, shall conform to all other standards contained in this article. 191
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SEC. 10-2.601 CONFORMANCE WITH HAYWARD DESIGN GUIDELINES.
Parking and loading spaces shall conform to the extent possible with the Hayward Design Guidelines, which seek to create an environment that is pleasant for human use while preserving the positive physical aspects of a site such as views, mature trees, and historic buildings, and minimizing its physical problems such as flooding or noise.
SEC. 10-2.602 PARKING SPACE DIMENSIONS.
a. Minimum stall, aisle, and driveway dimensions for off-street parking spaces shall be those shown in the attached appendices. Typically, minimum dimensions for non-angled compact car spaces shall be 8'-0" wide by 15'-0" long, and minimum dimensions for non-angled standard car spaces shall be 9'-0" wide by 19'-0" long.
b. Covered parking spaces shall provide a minimum unobstructed vertical clearance of 7 feet. Parking space areas shall be unobstructed by stairs, cabinets, utilities, etc. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.603 LOADING SPACE NUMBER AND DIMENSIONS.
The number of spaces and dimensions for loading areas shall be determined and approved by the Director of Community and Economic Development/Planning Director for new non-residential buildings as needed and physical conditions warrant.
SEC. 10-2.604 COVERED SPACE DIMENSIONS.
a. The minimum dimensions for covered parking spaces shall be 11 feet wide by 19 feet long for one space, 20 feet wide by 19 feet deep for two side-by-side spaces, 29 feet wide by 19 feet deep for three side by side spaces, and 11 feet wide by 38 feet long for two tandem spaces. Parking space areas shall be unobstructed by stairs, utilities, posts, etc.
b. The minimum garage door width shall be 16 feet for a two-car garage and 8 feet for a one-car garage. c. A one-car garage which is either less than 9 feet wide or 19 feet deep shall be considered nonconforming, and may be eligible to be converted to habitable living area without having to provide replacement parking. d. Covered parking spaces shall provide a minimum unobstructed vertical clearance of 7 feet, with the exception of garage door openings which shall provide a minimum unobstructed vertical clearance of 6 feet 6 inches.
e. Entrances to shared parking garages shall not exceed 24 feet in width. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.610 COMPACT CAR PARKING SPACES.
a. In shared residential parking facilities containing 6 or more spaces, a maximum of 30 percent of the required spaces may be compact car spaces.
b. A maximum of 50 percent may be compact car spaces for uses located in the Industrial District s. 192
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a.c. A maximum of 30 percent may be compact car spaces for uses located in the Commercial Districts. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.620 ACCESS LOCATION.
a. For residential uses other than detached residential units, all parking and loading spaces shall be located so as not to require vehicles to back out into street right-of-way. b. In order to protect traffic flow and pedestrian safety and to allow for screening of parking facilities, the number of curb cuts shall be minimized. Access ways, without parking on either side, to any parking lot shall be not less than 20 feet for two-way traffic and 12 feet for one-way traffic. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.621 HOURS OF AVAILABLE USE.
All parking spaces and loading spaces shall be accessible for use during all hours of operation of the uses served.
SEC. 10-2.622 JOINT ACCESS TO PARKING SPACES.
Uses on adjoining parcels, subject to approval of the Director of Community and Economic Development/Planning Director, may share joint access to required parking spaces, providing the entire access is a minimum of 12 feet wide on each parcel (24 feet total). Owners of affected properties shall grant a recorded, reciprocal, permanent, nonexclusive easement establishing the joint access.
SEC. 10-2.623 PRIVATE DRIVEWAY STANDARDS.
a. Driveway widths in front of two-car garages shall be 20 feet. Driveway widths providing access to three -car garages shall be between 20 and 26 feet. Driveways widths of at least 16 feet constructed prior to January 23, 2024 shall be considered legal non-conforming.
b. Driveways leading to enclosed private garages shall be at least 20 feet long. c. Driveways providing access to required parking located in a side yard or rear yard shall be setback a minimum of 3 feet from a side property line and 2 feet from the primary building. d. For detached residential units, duplexes and triplexes, the combined driveway and paving surface area shall not exceed a maximum of 50 percent of the required front yard area. e. For detached residential units, a maximum 10-foot wide driveway may be allowed to provide access to a recreational vehicle storage area that is located outside of the required side yard. 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 or 700 square feet for lots 10,000 feet or larger, excluding driveways. f. For multi-unit (4+) residential buildings on properties greater than 72 feet in width, driveways shall not exceed one-third of the property frontage width and/or 24 feet individually. Properties less than 72 feet in width shall have one driveway with a maximum width of 24 feet. g. For non-residential development on lots 70 or more feet in width, the Director of Community and Economic Development/Planning Director may approve a greater driveway width if the Director of Community and Economic Development/Planning Director determines the design of the driveway is aesthetically pleasing 193
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and compatible with the lot terrain and adjacent development and will not create a pedestrian or vehicular hazard.
h. In non-residential districtsIndustrial District, in no case shall a driveway exceed one-third the width of the property frontage width or 35 feet, unless otherwise approved by the Planning Director. (Amended by Ordinance 19-10, adopted June 4, 2019; Amended by Ordinance 24-01, adopted Jan. 23, 2024) SEC. 10-2.624 CIRCULATION TO PARKING AND LOADING SPACES. a. Within a shared parking facility, circulation must be such that a car entering a parking lot need not enter the street to reach another aisle.
b. The entrance or exit to any service bay, loading space, or parking area shall not conflict with the entrance or exit to any other service bay, loading space, or parking area. c. Driving aisles shall be at least 12 feet wide for 1-way traffic flow and 20 feet wide for 2-way traffic flow.
Parking lots and driving aisles parallel and adjacent to public sidewalks shall be separated by a minimum 10 foot landscape strip. One-way aisles shall alternate direction, or otherwise provide logical vehicular circulation as approved by the Director of Community and Economic Development/Planning Director, and shall not dead-end if greater than 60 feet in length. A 2-way dead-end driving aisle shall have minimum 5- foot turning back-up bay beyond the end stall.
d. All non-residential property shall provide a sufficient paved driveway turnaround to allow vehicles to exit property in a forward direction.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.625 VEHICLE OVERHANG.
Where a parking lot is designed so that cars may overhang low landscaping, the stall depth for a standard- sized car may be reduced by 2½ feet. The stall depth for a compact space may be reduced by 2 feet. The area overhung shall not be included in required landscape setback. In areas where vehicles overhang a sidewalk or walkway, the width of the sidewalk or walkway shall be increased by the overhang width to provide a minimum unobstructed width of the sidewalk or walkway of 4 feet. Parking stalls adjacent to walls shall be increased in width from the standard by at least one foot to accommodate door swing.
SEC. 10-2.626 RESERVED.
Editor's note(s)—Ordinance 24-01, adopted January 23, 2024, repealed § 10-2.626, which pertained to controlled access.
SEC. 10-2.630 DRAINAGE, SURFACING AND MAINTENANCE.
a. A storm drainage system shall be provided that conveys storm water runoff into facilities of the City or the Alameda County Flood Control District. All on-site storm drain inlets must be labeled 'No Dumping - Drains to Bay,' using approved methods.
b. All on-site storm drains must be cleaned at least once a year prior to the rainy season (October 15).
Additional cleaning may be required by the City Engineer. 194
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c. Driveways for detached residential units shall be paved with Class B, Portland Cement Concrete. A secondary driveway which provides access to a recreational vehicle storage area may be constructed with concrete, "grasscrete", asphalt, or rock or concreted wheel tracks. Subject to the approval of the Fire Department, driveways exceeding 40 feet in length may be paved with asphaltic concrete or a comparable all -weather and dustless material.
d. All other residential and non-residential uses shall be paved with Class B, Portland Cement Concrete, or a minimum 3 inches of asphaltic concrete over a minimum of 4 inches of aggregate base or comparable all - weather and dustless material.
e. Parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not be discharged to the storm drains; washwaters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wast ewater treatment plant receiving the discharge.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.640 LIGHTING AND MARKING.
a. Parking facilities shall be adequately lighted for safety and security as determined by the City Engineer. The minimum requirement is 0.5 foot candle of light, or as determined by the Public Works Director across the entire surface of the parking area. Exterior lighting shall be designed, erected, and maintained so that light or glare is not directly cast upon adjacent properties or public rights -of-way. b. Aisles, approach lanes, and maneuvering areas shall be marked and maintained with directional arrows and striping to control traffic flow. Each parking space shall be stripped, marked, and maintained by surface markings or other effective means and shall be maintained so as to be readily visible at all times. All compact parking spaces and designated employee parking spaces per Section 2.400, Parking Space Width Reductions, shall be clearly marked as such.
c. This section shall not apply to detached residential units. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.641 RESERVED.
Editor's note(s)—Ordinance 24-01, adopted January 23, 2024, repealed § 10-2.641, which pertained to space identification.
SEC. 10-2.642 DIRECTIONAL AND REGULATORY SIGNS.
Traffic directional signs as required and approved by the Director of Public Works shall be installed at no expense to the City. Each exit from any parking area, except for detached residential units, shall be clearly marked with a 'STOP' sign.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
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SEC. 10-2.650 LANDSCAPING.
Landscaped areas required in this section shall be composed of trees, shrubs, planted ground cover, or a combination thereof. Landscaping shall be permanently maintained, including replacement where necessary.
Landscaping shall be provided as follows:
a. Except for access driveways, a landscape planter 10 feet in width shall be provided in all required yard areas adjacent to street right-of-ways to create a separation from parking, loading, and vehicle maneuvering areas.
b. Where no front and/or street side yards are required, a landscape strip at least 10 feet wide, unless a wider strip is otherwise required by the Zoning Ordinance, shall be installed between parking areas and all existing or future street rights-of-way.
c. Landscape materials within 10 feet of vehicle ingress and egress points shall be maintained so as not to impair visibility or create a traffic hazard.
d. Landscaped areas shall be irrigated by means of an automatic sprinkler system with an automatic on- off timer clock mechanism.
e Landscape buffers shall be provided between adjoining outdoor use spaces with walls and planting shall be provided.
f. Parking areas shall include a minimum of one 15-gallon parking lot tree for every 6 parking stalls, except where restricted because of design constraints. 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 Director of Community and Economic Development/Planning Director. Required street and buffer trees shall not qualify as parking lot trees.
g. Where a side or rear yard is required between a parking area and residential district, a minimum of one 15-gallon buffer tree shall be planted for every 20 lineal feet of property line. h. The minimum dimensions of any tree well or landscape median shall be 5 feet, measured from the back of curb. The end of the parking rows shall be capped with landscape medians except where space is restricted due to existing site conditions.
i. Parking and loading areas shall also be buffered from the street with shrubs, walls, or earth berms, as determined by the Director of Community and Economic Development/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.
j. Agricultural zoning districts and parcels in a residential zoning district with three or less dwelling units shall be exempt from the landscaping requirements of this section. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.660 SCREENING.
a. A view-obscuring screen shall be installed along rear and interior lot lines whenever parking, loading, and vehicle maneuvering areas immediately abut residentially zoned parcels. At the discretion of the Director of Community and Economic Development/Planning Director or the Planning Commission, a view-obscuring screen may be required abutting any nonconforming residential buildings. The view -obscuring screen shall be uniformly painted, decorative wood fence, masonry wall or its equivalent, or chain- link fence with plant materials, and shall be constructed to withstand a 15-pound-per-square-foot wind load. The view obscuring 196
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screen shall be 6 feet high except when located within required front and side street yard setbacks, in which case the screen shall not exceed 4 feet high.
b. Unless there already exists a building wall or a fence, wall, or similar screen located within 2 feet of either side of a common property line, a view-obscuring screen as described above shall be installed. On Commercial or Industrial zoned properties abutting a residentially zoned parcel, the view obscuring screen shall be a concrete, brick, or masonry wall, or an equivalent. c. Agricultural zoning districts and parcels in a residential zoning district with 3 or less dwelling units shall be exempt from the requirements of this section.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024)
SEC. 10-2.670 CURBING/BARRIERS.
Except for detached residential units, where abutting trees and other landscaping, walls, columns, fences and pedestrian paths, each parking and loading space shall be provided with a Class B, Portland Cement Concrete bumper block or continuous concrete curb at least 6 inches in height above the finished pavement and 6 inches thick. Barriers shall be located a minimum of 24 inches from landscaped strips and 30 inches from fences, walls, etc. Additional barriers may be required by the Director of Community a nd Economic Development/Planning Director where they determine necessary for proper traffic circulation or safety reasons. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
VII. PARKING FOR PERSONS WITH PHYSICAL DISABILITIES
SEC. 10-2.700 PARKING FOR PERSONS WITH PHYSICAL DISABILITIES.
Each lot or parking structure where parking is provided for public as clients, guests, or employees, shall provide accessible parking as required by this section. In addition to the following requirements, the parking space(s) for persons with physical disabilities shall be designed and provided pursuant to state and federal requirements. Parking spaces for persons with physical disabilities required by this section shall count toward fulfilling off-street parking space requirements.
SEC. 10-2.710 REQUIRED PARKING SPACES FOR PERSONS WITH PHYSICAL DISABILITIES.
The minimum number of persons with physical disabilities' accessible parking spaces shall be:
Total Number of Parking Spaces Required Accessible Parking Spaces Required 1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 2 percent of total number
1,001 & over 20 plus 1 for each 100, or fraction thereof, over 1,001 197
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Parking for persons with physical disabilities in residential uses shall be provided at the minimum rate 1 space per dwelling unit that is designed for occupancy for persons with physical disabilities.
SEC. 10-2.720 REQUIRED PARKING SPACE SIZE FOR PERSONS WITH PHYSICAL DISABILITIES. a. Where single spaces are provided, they shall be 14 feet wide and outlined to provide a 9 -foot parking area and a 5-foot loading and unloading access aisle on the passenger side of the vehicle. When more than one space is provided in lieu of providing a 14-foot wide space for each parking space, two spaces can be provided within a 23-foot wide area lined to provide a 9-foot parking area on each side of a 5-foot loading and unloading access aisle in the center. The minimum length of each parking space shal l be 18 feet. b. One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide minimum on the passenger side and shall be designated van accessible. All such spaces may be grouped on one level of a parking structure.
SEC. 10-2.730 LOCATION OF PARKING SPACES FOR PERSONS WITH PHYSICAL DISABILITIES.
Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
SEC. 10-2.740 ARRANGEMENT OF PARKING SPACES FOR PERSONS WITH PHYSICAL DISABILITIES.
a. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. Also, the space shall be so located that persons with physical disabilities are not compelled to wheel or walk behind parked cars other than their own. Pedestrian ways which are accessible to people with physical disabilities shall be provided from each such parking space to related facilities, including curbs or ramps as needed. Ramps shall not encroach into any parki ng space. b. Surface slopes of parking spaces for persons with physically disabilities shall be the minimum possible and shall not exceed ¼ inch per foot (2.083 percent gradient) in any direction.
SEC. 10-2.750 IDENTIFICATION OF PARKING SPACES FOR PERSONS WITH PHYSICAL DISABILITIES.
a. Each parking space reserved for persons with physical disabilities shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space, consisting of a profile view of a wheelchair with occupant in white on dark blue background. The sign shall not be smaller than 70 square inches in area and, when in path of travel, shall be posted at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade. Signs may also be centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground or sidewalk. Van accessible spaces shall have an additional sign stating 'Van -Accessible' mounted below the symbol of accessibility.
b. An additional sign shall also be posted in a conspicuous place at each entrance to off -street parking facilities, or immediately adjacent to and visible from each stall or space. The sign shall not be less than 17 inches by 198
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22 inches in size with lettering not less than 1 inch in height, which clearly and conspicuously states the following:
(1) 'Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed at _______ or by telephoning _______.' (2) [Blank spaces are to be filled in with appropriate information as a permanent part of the sign.] c. In addition to the above requirements, the surface of each accessible parking space or stall shall have a surface identification duplicating either of the following schemes:
(1) By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white or suitable contrasting color a profile view depicting a wheelchair with occupant, or (2) By outlining a profile view of a wheelchair with occupant in white on blue background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be 36 inches high by 36 inches wide.
SEC. 10-2.760 DROP-OFF AND LOADING ZONES FOR PERSONS WITH PHYSICAL DISABILITIES. a. When provided, passenger drop-off and loading zones for persons with physical disabilities shall be located on accessible routes of travel. One passenger drop-off and loading zone shall provide an access aisle at least 5 feet wide and 20 feet long adjacent and parallel to the vehicle pull-up space. Such zones shall be located on a surface with a slope not exceeding 1 vertical in 50 horizontal. If there are curbs between the access aisle and the vehicle pull-up space, a curb ramp shall be provided. b. Valet parking facilities shall provide a passenger loading zone complying with drop -off and loading zone requirements and shall be located on an accessible route to the entrance of the facility.
SEC. 10-2.770 REQUIRED PARKING SPACES FOR PERSONS WITH PHYSICAL DISABILITIES IN MEDICAL CARE FACILITIES.
At facilities providing medical care and other services for persons with mobility impairments, the minimum required number of accessible parking spaces for persons with physical disabilities shall be:
a. Outpatient units and facilities: 10 percent of the total number of parking spaces provided serving each such outpatient unit or facility.
b. Units and facilities that specialize in treatment or services for persons with mobility impairments: 20 percent of the total number of parking spaces provided serving each such unit or facility.
VIII. REQUIREMENTS FOR EV CHARGING INFRASTRUCTURE
SEC. 10-2.800 ELECTRIC VEHICLE (EV) CHARGING SPACES.
a. Electric vehicle (EV) charging infrastructure shall be provided and maintained for projects whenever off - street parking is provided. The infrastructure shall be provided in accordance with the requirements of the California Green Building Standards Code, Title 24 Part 11, and the requirements in this Section, whichever provides greater number of off-street parking spaces with access to EV charging infrastructure. All accessibility provisions shall meet California Building Code Chapters 11A and 11B and Pa rt VII of this Article.
All signage provisions shall meet Caltrans Traffic Operations Policy Directive 13 -01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
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b. All such spaces shall count toward the minimum required parking spaces. Where two or more primary uses occupy a single site, the EV infrastructure required for each use shall be calculated separately. Calculations for the required minimum number spaces with EV infrastructure shall be rounded up to the nearest whole number. Requirements represent the minimum charging infrastructure required, and increases in installed infrastructure, such as EV Supply Equipment and delivered power, shall be permissible. (Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025)
SEC. 10-2.810 ELECTRIC VEHICLE CHARGING REQUIREMENTS BY USE.
Uses EV Charging Infrastructure Required1
Single-Family Dwellings and
Townhomes
• Each of the first two parking spaces per dwelling unit shall be provided with a Level 2 EV Ready space.
Multiple-Family Dwellings with
Assigned Parking
• All dwelling units with parking spaces shall be provided with at least one Low Power Level 2 EV Ready space.
• Automatic Load Management Systems (ALMS) shall be permitted to reduce load when multiple vehicles are charging.
• EV charging receptacles in multifamily parking facilities at assigned parking spaces shall be provided with a dedicated branch circuit connected to the dwelling unit's electrical meter panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency. Unbundled parking spaces, defined as vehicular parking for sale or lease to residents of a building separate from the sale or lease of living units within that residential building, are exempt from this requirement.
Multiple-Family Dwellings with
Unassigned or Common use
Parking
• Where dwelling units are provided with unassigned parking spaces equal to or greater than the number of dwelling units:
• At least one Level 2 Ready with a Level 2 EV Charger shall be provided at an unassigned parking space for a minimum of 25% of total dwelling units.
• All remaining unassigned parking spaces shall be Low Power Level 2 EV Ready.
• The total number of EV charging spaces shall be equal to one hundred percent (100%) of dwelling units or one hundred percent (100%) of parking spaces, whichever is less.
• Where the total number of dwelling units exceeds the number of unassigned parking spaces:
• For unassigned or common use parking, a minimum of twenty-five percent (25%) of spaces shall be equipped with Level 2 EV chargers and shall be made available for use by all residents or guests. • All remaining unassigned parking spaces shall be Low Power Level 2 EV Ready.
• The total number of EV charging spaces shall be equal to one hundred percent (100%) of dwelling units or one hundred percent (100%) of parking spaces, whichever is less.
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• EV chargers shall be equipped with J1772 or J3400 connectors.
Offices and Retail • A minimum of 20% of parking spaces provided shall be Level 2 EV Ready with Level 2 Chargers installed.
• A minimum of 30% of parking spaces provided shall be Level 2 EV Capable.
• ALMS shall be permitted to reduce load when multiple vehicles are charging.
Hotels and Motels • A minimum of 25% of parking spaces provided shall be Level 2 EV Ready with Level 2 Chargers installed.
• A minimum of 40% of parking spaces provided shall be Low-Power Level 2 EV Ready.
• ALMS shall be permitted to reduce load when multiple vehicles are charging.
• EV chargers shall be equipped with J1772 or J3400 connectors.
All Other Non-Residential Uses • A minimum of 10% of parking spaces provided shall be Level 2 EV Ready with Level 2 Chargers installed.
• A minimum of 10% of parking spaces provided shall be Level 2 EV Capable.
• ALMS shall be permitted to reduce load when multiple vehicles are charging.
1 When Level 2 EV Chargers are installed in a number greater than the minimum percent of parking spaces required by Section 10-2.810, the number of low power Level 2 EV Ready or Level 2 EV Capable spaces required may be reduced by a number equal to the number of EV chargers installed over the percent required. (Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025)
SEC. 10-2.820 DIRECT CURRENT FAST CHARGING STATIONS.
a. One DCFC may be substituted for up to five (5) Level 2 EV chargers to meet the requirements of Section 10 -
2.810.
b. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 2 spaces.
(Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025)
SEC. 10-2.830 RECEPTACLE CONFIGURATIONS.
a. 208/240V EV charging receptacles shall comply with one of the following configurations:
1) For 20-ampere receptacles, NEMA 6-20R.
2) For 30-ampere receptacles, NEMA 14-30R.
3) For 50-ampere receptacles, NEMA 14-50R.
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(Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025)
SEC. 10-2.833 EV CHARGER CONNECTORS.
EV chargers shall be equipped with SAE J1772 with a maximum output 240 Volts AC or SAE J3400 connectors.
When using level 2 SAE J3400 SAE connectors, supplied by a 480 V 3-phase service, then at least 20 percent of the EV charger connectors shall be SAE J1772 with a maximum output 240 Volts AC. (Added by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025) SEC. 10-2.835 ELECTRIC VEHICLE CHARGING STATIONS (EVCS)—POWER ALLOCATION METHOD.
a. The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2 and associated Table 5.106.5.3.1. Use Table 5.106.5.3.6 to determine the total power in kVA required based on the total number of actual parking spaces. b. Power allocation method shall include the following:
1) Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs. 2) At least one Level 2 EVSE shall be provided.
TABLE 5.106.5.3.6
FACILITY TYPE MINIMUM TOTAL kVA @
6.6 kVA1
MAXIMUM kVA ALLOWED
FOR EV CAPABLE SPACES1, 2
MINIMUM kVA REQUIRED IN
ANY COMBINATION OF LOW
POWER LEVEL 2, LEVEL 2, OR
DCFC1, 3
Office & Retail 50% of actual parking
spaces x 6.6
30% of actual parking
spaces x 6.6
20% of actual parking spaces x
6.6 All Other 20% of actual parking
spaces x 6.6
10% of actual parking
spaces x 6.6
10% of actual parking spaces x
6.6 1. Calculation for spaces shall be rounded up to the nearest whole number.
2. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.
3. Level 2 EVSE @ 6.6 kVA minimum.
(Added by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025) SEC. 10-2.840 EXCEPTIONS.
a. Where there is no local utility power supply, or the local utility is unable to supply adequate power. b. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements directly related to the implementation of Section 10 -2.81081030-0.3 may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. 202
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c. Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.
d. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of Section 4.106.4.1. e. Decisions on the above exceptions may be appealed pursuant to Section 10 -2.430. (Amended by Ordinance 22-11, adopted November 15, 2022; Amended by Ordinance 23-06, § 2, adopted June 20, 2023; Amended by Ordinance 25-01, § 2, adopted January 21, 2025; Amended by Ordinance 25-08, adopted June 24, 2025)
APPENDIX A-1. OFF STREET PARKING REGULATIONS
MINIMUM STALL AND AISLE DIMENSIONS(1)
ANGLE
DEGREES
STALL
WIDTH
L
STALL
DEPTH
D
AISLE
WIDTH(2)
A
OVER ALL
P
PH
STANDARD CAR
0 23.0 8.0 12.0 28 —
30 18.0 16.0 12.0 44 37
45 12.7 18.5 12.0 49 43
60 10.4 20.0 17.0 57 53
75 9.3 19.0 23.0 61 59
90 9.0 19.0 26.0 64 —
9.5 19.0 25.0 63 —
10.0 19.0 24.0 62 —
10.5 19.0 22.0 60 —
COMPACT
CAR 45 11.3 15.6 12.0 43.2 40
60 9.2 17.0 14.5 48.5 45
75 8.3 16.86 17.5 50.6 50
90 8.0 15.0 20.0 50.0 —
(1) Alternate designs for angled parking may be used if approved by the Planning Director. (2) If the parking angle is less than 90°, parking aisle shall be designed for one -way circulation.
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APPENDIX A-2. DRIVEWAY AND DESIGN REQUIREMENTS
1. All covered parking spaces shall have a minimum clearance (height) of 6 feet, 6 inches for residential uses and 7 feet, 0 inches for commercial and industrial uses.
2. In order to prevent backing over sidewalks, backing into streets and congestion at lot entrances, no stall may be located within 10 feet of the property line adjacent to the street.
3. In single-entrance, 90° parking lots, provisions for adequate egress from rear stalls shall be made.
4. Two-way aisles shall have a minimum width of 20 feet.
5. Driveway openings shall be aligned with parking lot aisles.
6. Parking lot designs shall be drawn to scale with dimensions and parking angle indicated.
7. For 90° parking, 2 feet of the stall depth may be used for compact vehicle overhang; 2½ feet of stall depth may be used for standard-sized vehicle overhang.
8. Off-street loading spaces or docks in industrial districts shall be located behind the public right -of-way, a distance no less than the maximum length vehicle permitted on streets and highways by the State of California.
9. Parking spaces for the handicapped shall be 17 feet wide with an 8 foot wide loading area adjacent to the passenger side of the vehicle for one space and 26 feet wide for 2 spaces sharing an 8 foot wide loading area.
10. The minimum driveway widths shown below shall apply to all access driveways irrespective of the total length of the driveway or the number of parking bays or parking areas served by the driveway.
Number of Stalls Served One-Way Driveway Two-Way Driveway 1 through 7 10 feet* 12 feet**
8 or more 12 feet 20 feet
*A driveway serving one single-family residence shall be a minimum of 10 feet, except where the house is located more than 150' from public right-of-way, the Fire Department may require 12' driveway width. **Where the distance between parking bays or areas exceeds 40 feet or visibility between parking bays or areas is impaired, the driveway width shall be 20 feet. (See illustration below.) 204
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205
10-24.2.3.010 ALLOWED LAND USES AND PERMIT REQUIREMENTS A. Table 2.3.010.A (Allowed Uses and Permit Requirements), sets the land use regulations for the Mission Boulevard Corridor Zones by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Code or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. “M” designates uses that are permitted after review and approval of a Major Conditional Use Permit. "P/C" designates uses that are permitted or permitted after review and approval of a Conditional Use Permit under certain circumstances.
"-" designates uses that are not allowed.
B. A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.
C. Land uses are defined in Section 10-1.3500 (Definitions), of the Hayward Zoning Code. In cases where a specific land use or activity is not defined, the Planning Director may make a determination in compliance with Section 10-1.2835 (District Uses Not Specified) of the Hayward Zoning Code.
Table 2.3.010.A: Allowed Uses and Permit Requirements
Land Use MB-CN MB-
NN
MB-CC MB-
CS1
Additional Regulations
Residential
Live-Work P/C2, 3 P/C2, 3 - -
Multi-Unit Residential P/C2, 3 P/C2, 3 P/C2, 3 -
Duplex/Triplex P/C2, 3 P/C2, 3 P/C2, 3 -
Detached Residential Unit4 P P P -
Single Room Occupancy A A A - See Section 10-1.2736(e)
for criteria and standards.
Dormitory A A A -
Accessory Dwelling Unit(s) P P P Where primary use is
residential. See Hayward
Zoning Code Section 10-
1.2740 for criteria and
standards.
Lodging
Hotel A A A -
Office
Architectural Service,
Drafting Service,
Engineering Service
P P P -
Banks5 P P P -
Financial Institutions5 P P P -
Medical/Dental Laboratory A A A C
Office P P P -
Attachment IV, Exhibit I
Attachment X
206
Retail/Commercial
Alcohol Sales Refer to Section 10-1.2750 et seq. of the Hayward Zoning Code for Alcoholic Beverage Outlets Regulations
Appliance Repair Shop P P A -
Appliance Store P P A -
Bar, Cocktail Lounge C C C - Refer to Section 10-2750 et seq. for additional standards.
Brewery/Winery/Cidery A A A
Carpet/Drapery Store P P A -
Check Cashing Store - - - -
Convenience Market P P P - If use includes alcohol sales, see also Section 10-1.2750
et seq. of the Hayward
Zoning Code for Alcoholic
Beverage Outlets
Regulations
Copying or Reproduction
Facility
P P P -
Equipment Rental Service A A A -
Furniture Store P P A -
Health Club A A A C
Kennel A A A -
Large Motion Picture
Theater
C C C C
Liquor Store - - - -
Live Performance Theater A A A A
Massage Parlor - - - -
Media Production A A P -
Newspaper Printing Facility A A P -
Nursery (Plants) P P P -
Pawn Shop - - - -
Payday Loan Facilities - - - -
Personal Services P P P -
Physical Fitness Studio P P P C
Publishing Facility A A P -
Recreational Facility A A A C
Small Recycling Collection
Facilities/Recycling
Collection Area
A A A - See Hayward Zoning Code
Subsection 10-1.2735.j(m),
Small Recycling Collection
Facilities and Unattended
Collection Boxes
Restaurant, Including
Micro-Breweries as
accessory to the Restaurant
P P P - See Hayward Zoning Code
Section 10-1.2750 et seq.
for alcohol regulations
See Section 3.4.040.F.4 and
207
and standalone Catering
Facilities
5 for outdoor seating
requirements
Retail P P P C
Small Motion Picture
Theater
A A A C
Tattoo Parlor - - - -
Tobacco Retail Sales
Establishment
- - - -
Civic
Banquet Hall C - C -
Cultural or Meeting
Facilities
A A A C
Public Park/Public
Gathering
P P P P
Parking Lots and Structures A A A C
Public Agency Facilities P P P P
Religious Facility A A A C
Other: Agriculture
Community Garden P P P P
Other: Automotive
Automobile Repair (Minor) A A A -
Automobile Repair (Major) C C C -
Automobile Sales6 P/A P/A P/A -
Drive-In Establishment C C C -
Automobile Service Station CM CM CM -
EV Charging Station A A A C Does not include ancillary EV charging that is secondary to
another primary use.
Taxi Company A A A -
Other: Civil Support
Hospital A A A C
Mortuary A A A C
Other: Education
Day Care Center P P P C
Day Care Home P P P -
Educational Facilities ≤
210,000 GFA
P P P C
Educational Facilities >
210,000 GFA
A A A C
Industrial/Vocational Trade
School
A A A C
Other: Light Industrial
208
Micro-Brewery C C C - See Hayward Zoning Code
Section 10-1.2750 et seq.
for alcohol regulations
Custom Manufacturing P P P -
Distillery C C C - See Hayward Zoning Code
Section 10-1.2750 et seq.
for alcohol regulations
Light Manufacturing AUP AUP - -
Research and Development P P - -
Other Uses
Animal Hospital A A A -
Commercial Amusement
Facility
A A A -
Emergency Shelter P P P - Limited to parcels abutting Mission Boulevard. See
Section 10-1.2736(a) for
criteria and standards.
Food Vendor P P P - See Hayward Zoning Code
Subsection 10-1.2735.gm,
Food Vendor Permit
Group Home
Small Unlicensed P P P
Large Unlicensed C C C
Small Licensed P P P
Medium Licensed A A A
Large Licensed C C C
Low Barrier Navigation
Center
P P P - See Section 10-1.2736(b)
for criteria and standards.
Psychiatric and
Rehabilitation Facility
A A A -
Temporary Use, Minor P P P - See Section 10-1.2735(n) for criteria and standards.
Temporary Uses A A A - See Section 3.5.020,
Temporary Uses
Specific Limitations:
1. When the MB-CS Zone is applied to privately owned property, the use and building existing at the time this Code comes into effect may continue until the site is redeveloped or becomes under public ownership.
2. For properties located within Commercial Overlay Zone 1, as shown in the Regulating Plan, commercial uses are required on the ground floor along roadway frontages. Uses associated with the residential use, such as leasing office, community space, amenities, etc., are allowed on the ground floor.
3. For properties located within Commercial Overlay Zone 2, as shown in the Regulating Plan, residential units are only allowed along the primary street frontage with a conditional use permit. 209
4. Detached residential unit permitted if the lot/parcel has an existing, permitted detached residential unit that was constructed prior to the effective date of this Code. No new detached residential units are allowed.
5. Does not include check cashing, pay loans, or auto title loans.
6. An Administrative Use Permit is required for automobile sales uses south of Harder Road.
(Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. C), adopted January 21, 2025)
10-24.3.5.020 TEMPORARY USES
A. Purpose. The purpose of this Section is to establish standards for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Section.
B. Applicability. A Temporary Use allows short term activities that might not meet the normal development or use of standards of the applicable zone, but may otherwise be acceptable because of their temporary nature , when reviewed and appropriately conditioned in compliance with this Section and Division 10 -24.4.4 (Temporary Use Permit). .
C. Exempt Temporary Uses. The following minor or limited duration temporary uses are exempt from the requirements for a Minor Temporary Use Permit in Section 10-1.2735(n) or for a Temporary Use Permit in Division 10-24.4.4 (Temporary Use Permit). Uses that do not fall within the categories defined below must comply with Subsection E.
1. Contractors' Construction Yards On-site.
a. On-site contractors' construction/storage yard(s), in conjunction with an approved construction project on the same parcel, including, but not limited to, storage or cargo containers. b. The construction yard must be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
2. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Planning Director.
3. Fundraising Events.
a. Fundraising events (e.g., bake sales, yard sales, car washes, etc.) are limited to a maximum of two days per month for each sponsoring organization.
b. Sponsorship is limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
43. Garage and Yard Sales. Garage and yard sales (e.g., personal property sales) are allowed as Temporary Uses when conducted within a MB-CN or MB-NN zoned property and are subject to the standards in Subsection 10-1.2735.e(h) (Garage Sales) of the Hayward Zoning Code.
5. Sidewalk Dining. Sidewalk dining, in compliance with Section 3-5.13 of the Municipal Code.
D. Allowed Temporary UsesPermit Required. The following temporary uses and events
1. Temporary uses specified in Section 10-1.2735(n), Minor Temporary Use Permit, require approval of a Minor Temporary Use Permit in compliance with the procedures and requirements of that section . 210
1.2. Any other temporary uses deemed appropriate by the Planning Director require approval of an Administrative Temporary Use Permit in compliance with the procedures and requirements of Section 10-1.3100, and must comply with the following standards: .
1. Events. In addition to the following standards, temporary events must comply with Subsection 10 -
1.2735.h (Outdoor Gatherings) of the Hayward Zoning Code. If there is a conflict between this Section and the Municipal Code, this Section controls.
a. Circuses, carnivals, and similar transient amusement enterprises in a MB -CC Zone subject to no more than 30 days of site occupation and operation in any calendar year. b. Music festivals, movie nights, outdoor art and craft shows and exhibits, and similar outdoor entertainment activities subject to a limitation on the number of days of operation as determined by the Planning Director.
2. Seasonal Sale Events. Seasonal sale events (e.g., Halloween, Thanksgiving, Christmas, etc.) must comply with Subsection 10-1.2735.c (Christmas Tree and Pumpkin Patch Lot Regulations) of the Hayward Zoning Code. Accessory uses, including temporary residence/security trailers, a re only allowed on non-residential properties. Businesses holding valid a Business Permit, in compliance with Chapter 8-1 (Business Licenses) of the Municipal Code must not exceed 45 days for pumpkin and tree sales. Seasonal sales events may not occur more than four times per calendar year with a maximum of five days for each event.
3. Storage Containers. Storage containers, including cargo containers or semitrailers, used for storage purposes.
a. No storage container may exceed a storage period of 15 days in any calendar year, except as specified below.
b. A storage container located on an active construction site may be retained longer than 15 days, but must be removed immediately following the issuance of a certificate of conformance or final inspection.
c. Storage containers are not allowed within the public ROW and must be placed to prevent public health or safety issues.
4. Tract Homes or Lot Sales Offices.
5. Mobile Homes. A mobile home to be utilized as a temporary dwelling in a residential zone while a single-family dwelling is under construction and subject to the following provisions:
a. The mobile home may only be located on the same parcel under construction and occupied while actual construction activities are taking place upon the parcel. The period of placement and use may not exceed 12 months.
b. The mobile home may only be occupied by the property owner, the builder designated on the Building Permit, and the owner's/builder's family.
c. The timely removal and compliance with all conditions of approval may be required. d. The minimum setbacks for the zone must be maintained. e. Additional conditions necessary and appropriate to ensure compatibility with surrounding development, existing and contemplated, may be imposed on the approved permit.
6. Temporary Vegetable and Fruit Stands. A temporary vegetable and/or fruit stand is allowed in compliance with the following standards:
a. Vegetable and fruit stands must be operated by the producer; b. The stand may not operate more than 90 days a year;
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c. The producer shall obtain written consent from the land owner to operate a temporary vegetable and/or fruit stand on the property;
d. More than one stand per lot is prohibited;
e. Stands may encroach into required setbacks, but may not encroach into the public right -of-way.
E. General Requirements for All Temporary Uses. The Review Authority (See Division 10-24.4.4 (Temporary Use Permit)) may impose requirements for any of the following conditions:
1. Compliance with all applicable Federal, State, or County, and local regulations and ordinances;
2. Compliance with any other permit requirements (i.e., Building and/or Electric);
3. Applicant availability during temporary use activity;
4. Agreement that the temporary use will cease on the date printed on the permit, and all related equipment, supplies, product and personnel must be removed from the site; or
5. Any other condition which will ensure the operation of the proposed temporary use or event in an orderly and efficient manner and in full compliance with the purpose of this Article, including those related to the following:
a. Cumulative time limits;
b. Parking;
c. Operating hours;
d. Screening;
e. Storm water;
f. Waste collection and disposal;
g. Pedestrian and vehicular access/circulation; and
h. Signs, in compliance with Section 10-7.600 (Temporary Sign Regulations) of the Hayward Zoning Code.
F. Temporary Structures. Temporary structures are allowed on vacant lots for a period not to exceed six months, provided the area is left unchanged and in its original condition after the removal of the temporary structure.
G. Temporary Use of Existing Structures. Temporary, short-term, use of an existing structure is allowed in all zones, provided:
1. The short-term use, if a permanent use, would otherwise be a permitted use in the zone;
2. The short-term tenant has signed a lease with the property owner for a time period of no more than six months.
H. Similar Temporary Uses. Similar temporary uses, which are compatible with the zone and surrounding land uses, may require a Temporary Use Permit in compliance with Division 10 -24.4.4 (Temporary Use Permit) and be subject to the standards in this Section, as determined by the Pla nning Director.
I. Condition of the Site Following Temporary Use. Each site occupied by a temporary use must be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. (Amended by Ordinance 24-01, adopted Jan. 23, 2024)
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DIVISION 10-24.4.4: TEMPORARY USE PERMIT
10-24.4.4.010 PURPOSE AND APPLICABILITY
A. This Division establishes the procedures for the review of Temporary Use Permits required by this Code for temporary uses and/or activities that have a short duration, are compatible with adjacent and surrounding uses when conducted in compliance with this Code when reviewed and appropriately conditioned in compliance with this Division. Standards for specific temporary uses are identified in Section 10- 24.3.5.020 (Temporary Uses).
B. A Temporary Use Permit is required to allow the temporary uses and/or short -term activities specified in Section 3.5.020 (Temporary Uses), unless exempted by Subsection 10-24.3.5.020.D (Allowed Temporary Uses).
10-24.4.4.020 REVIEW PROCEDURES
A. Application Filing and Processing. The application must be filed with the Planning Director and include the information and materials in the most current Department publication for applications together with the required fee as specified in Section 10-1.2815 (Application) of the Hayward Zoning Code. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10 -
24.4.4.030 (Findings).
B. Administrative Options. The Planning Director may approve, conditionally approve, or disapprove a Temporary Use Permit application. The Planning Director's decision must be based on the findings listed in Section 10-24.4.4.030 (Findings). For uses not listed in Section 10-24.3.5.020 (Temporary Uses), the Planning Director may determine if the use is allowed with a Temporary Use Permit or requires an Administrative Use Permit in compliance with Section 10-1.2715 (Certain Uses Permitted) the Hayward Zoning Code.
C. Conditions of Approval. In approving a Temporary Use Permit application, the Planning Director may impose conditions of approval that are considered reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 10-24.4.4.030 (Findings). This may include conditions from other City departments (e.g., Public Works) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event or use to ensure the operation of the proposed event or use is temporary in nature. 10-24.4.4.030 FINDINGS
The Planning Director may approve a Temporary Use Permit subject to making all the following findings:
A. The location, operation, and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.
B. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other undesirable characteristics.
C. The site on which the temporary use is proposed is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and near the subject property.
10-24.4.4.040 LAPSE OF APPROVAL
A. A Temporary Use Permit becomes void if not used within six months following its effective date, or within a shorter time specifically prescribed as a condition of the Temporary Use Permit, or at the expiration of an associated development permit if that occurs at a later time. The Planning Director may extend the time for a 213
maximum period of one additional six-month period only, if an application is filed before the expiration of the six month or shorter time period.
B. Where the conditions of a Temporary Use Permit have not been or are not being complied with, the Planning Director shall give written notice to the permittee of intention to revoke or modify the Temporary Use Permit and shall set a date for a public hearing with the Planning Commission in compliance with Section 10-
1.2820 (Notice) of the Hayward Zoning Code upon the proposed revocation or modification. The notice must be served on the owner of the subject property by mailing the notice to the owner at the address shown on the last equalized assessment roll at least 10 days before the date of the hearing, and specify the date, time, and place when and where it will be held. Following the hearing, and if the Planning Director finds that there is good cause the Temporary Use Permit may be modified or revoked.
C. If a structure or use granted under a Temporary Use Permit is abandoned for a period of 30 days, the Temporary Use Permit expires.
10-24.4.4.050 TIME LIMITS
A. A Temporary Use Permit is valid for up to 180 days in any given calendar year, unless otherwise stipulated in Section 10-24.3.5.020 (Temporary Uses) or the Planning Director determines that another time limit is necessary to comply with the findings in Section 10-24.4.4.030 (Findings).
B. The Planning Director may limit the number of Temporary Use Permits approved for each lot in a calendar year to avoid temporary uses becoming effectively permanent uses consistent with the intent of this Division.
10-24.4.4.060 APPEALS
A decision for a Temporary Use Permit can be appealed in compliance with Section 10 -1.2845 (Appeal and Review Process) of the Hayward Zoning Code.
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ARTICLE 28 DOWNTOWN DEVELOPMENT CODE
10-28.2.3.010 ALLOWED LAND USES AND PERMIT REQUIREMENTS A. Allowed Land Uses. The land uses allowed in the Downtown Zones are established in Table A (Allowed Uses in Downtown Zones). Each land use listed in Table A (Allowed Uses in Downtown Zones) is defined in Section
6.1.020 (Land Uses).
B. Permit Required. Land uses identified in Table A (Allowed Uses in Downtown Zones) are subject to the permit requirements listed in the Table.
C. Additional Standards. Table A includes references to additional standards for specific uses in Division 3.5 (Specific to Use) or Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Code.
D. A land use that is not listed in Table A (Allowed Uses in Downtown Zones) is not allowed, unless the Director finds that the proposed use is similar to, compatible with, and is consistent with the purpose of the zone, the General Plan, and the Specific Plan, and the new use will not involve a greater intensity than a listed use.
Table 2.3.010.A Allowed Uses in Downtown Zones
Land Use Type Specific to
Use
Regulations
Permit Required by Zone
NE NG UN UN-L DT-
MS
UC
Residential Uses
Accessory Dwelling Unit(s)
(Where primary use is
residential)
10-1.2740 P P P P P P
Day Care
Day Care Center - P
CUP
P P P P
Day Care Home P P P P P P
Dormitory - - AUP - AUP AUP
Group Home
Small Unlicensed P P P P P P
Large Unlicensed CUP CUP CUP CUP CUP CUP
Small Licensed P P P P P P
Medium Licensed AUP AUP AUP AUP AUP AUP
Large Licensed CUP CUP CUP CUP CUP CUP
Home Occupation 3.5.040 P P P P P P
Live/Work 3.5.050 - P P - P P
Residential P P P P P P
Single Room Occupancy 10-1.2736(e) - - AUP - AUP AUP Civic, Education, Entertainment, and Assembly Uses
Banquet Hall - - - - C C
Cultural or Meeting Facility AUP AUP P AUP P AUP P P Attachment IV, Exhibit J
Attachment XI
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Educational Facility
< 210,000 sf AUP AUP P AUP P P
≥ 210,000 sf - - CUP - CUP CUP
Entertainment Facility - - P
AUP
- P P
Public Agency Facility P P P P P P
Public Park/Public Gathering P P P P P P
Recreational Facility
Indoor AUP A
-
P
AUP
P
AUP
P P
Outdoor A - A
CUP
AUP A - A
-
A CUP
Studio; fitness, art, dance, music,
etc.
- AUP P - P P
Office and Service Uses
Animal Hospital - - CUP - AUP AUP
Bed and Breakfast AUP AUP P P P P
Business/Commercial/Financial
Services
- AUP P - P P
Check Cashing Store - - CUP - CUP CUP
Drive-in, Retail or Service 10-
1.1045j2735(f)
- CUP CUP - - -
Hotel/Motel - - AUP - P P
Massage Establishment - - C - C C
Office CUP AUP P - P P
Pawn Shop - - CUP - CUP CUP
Payday Loan Facility - - CUP - CUP CUP
Personal Services - AUP P - P P
Tattoo - - A CUP - P P
Restricted - - CUP - CUP CUP
Retail and Food Uses
Artisan/Craft Production - CUP CUP - P P
Bar/Cocktail Lounge/Nightclub 10-1.2750 - - - - CUP CUP Brewery/Winery/Cidery AUP AUP P P
Commercial Cannabis Retail
Dispensary
10-1.3600 - - CUP - CUP CUP
Distillery - - - - P P
Liquor Store 10-1.2750 - - - - CUP CUP
Restaurant
Restaurant General - P P - P P
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Full Service 10-1.2750 - - CUP - P P
Drive-In Establishment
Through
10-1.1045j
2735(f)
- - CUP - - -
Retail, General
≤ 10,000 sf - CUP AUP - P P
> 10,000 sf - - CUP - AUP AUP
Auto Uses
Automobile Sales and Rental - - CUP - CUP -
Minor Automobile Repair and
Service Station
- - CUP - CUP -
Parking Structure - - CUP - AUP AUP
Passenger Transportation - - AUP - AUP AUP
Other Uses
Accessory Uses 3.5.030 P P P P P P
Low Barrier Navigation Center 10-1.2736(b) P P P P P P Minor Temporary Uses 3.5.060 TUP
P
TUP
P
TUP P TUP P TUP P TUP P
Temporary Uses A A A A A A
Key
P: Permitted A UP: Administrative Use Permit C UP: Conditional Use Permit TUP Temporary Use Permit -: Not Permitted
(Amended by Ordinance 21-05, § 4, adopted July 20, 2021; amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. D), adopted January 21, 2025) ARTICLE 10-28.6: DEFINITIONS
DIVISION 10-28.6.1 PURPOSE AND INTENT
10-28.6.1.010 PURPOSE AND INTENT
This Division describes and classifies land uses and terms that apply to the Downtown Specific Plan and Code.
This Division supplements, and supersedes, if in conflict with, the terms defined in Section 10 -1.3500 (Definitions) in the Hayward Code.
10-28.6.1.020 LAND USES
A. A-Definitions.
Accessory Use. A use which is subordinate and incidental in height, bulk, volume and/or use to the lawfully permitted principal use on the same lot, and which does not alter the essential characteristics of said principal use and is in keeping with other uses permitted in the same district. Examples include, but are not limited to:
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a. A garage, carport, shed, or building for domestic storage; b. A children's playhouse, gazebo, greenhouse, pool, or recreation building; c. Storage of merchandise normally carried in stock on the same lot with any retail service or business use;
d. Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities; and
e. Off-street parking.
Animal Hospital. Any buildings or portion of a building designed or used for the care, observation or treatment of cats, dogs, or other household pets, with incidental boarding. Also referred to as a veterinary hospital. This use does not include animal boarding.
Artisan/Craft Production. An establishment manufacturing and/or assembling small products primarily by hand or using low power machinery, including but not limited to clothing, furniture, jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
Automobile Sales and Rental. An establishment engaged in the retail sales, service, rental, and/or leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and supplies.
Automobile Repair and Service Station. The use of a site for the service, tune-up, and repair of automobiles, noncommercial trucks, or motorcycles, including the sale, installation, and servicing of equipment and parts. This use includes, but is not limited to, muffler shops, auto repair garag es, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.
B. B-Definitions.
Bar/Cocktail Lounge/Nightclub. Any on-sale alcohol-related establishment that engages primarily in the sale, or sale and production of alcoholic beverages and where food service, if any, is subordinate or incidental to the sale of alcoholic beverages. Bars include but are not limited to night clubs, taverns, pubs, cocktail lounges, micro breweries, brew pubs, and similar establishments.
Bed and Breakfast. The use of an owner-occupied single-family residence for commercial lodging purposes.
Business/Commercial/Financial Services. An establishment that provides business, commercial, or financial services including but not limited to banks and other financial institutions, ATMs, computer -related services (rental); office equipment sales and service, photo copying and printing, land mailing and mail box services (not operated by the USPS), janitorial services, window cleaning, landscaping, linen supply, appliance repair, exterminators, and personal storage.
C. C-Definitions.
Commercial Cannabis Retail Dispensary. See Hayward Municipal Code Section 10-1.3600 (Cannabis) Cultural or Meeting Facility. Facilities maintained to develop, promote, or foster the arts or literature, as well as a clubhouse, lodge hall, and religious meeting places, and ancillary activities as determined by the Director.
Includes, but is not limited to, public, quasi-public, or private facilities, for example: aquariums, art galleries and exhibitions, historic sites and exhibits, libraries, and museums. May include but is not limited to accessory retail uses such as a gift/book shop, restaurant, etc.
D. D-Definitions.
Day Care.
1. Day Care Center. A facility which provides non-medical care to 15 or more children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living 218
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or for the protection of the individual on less than a 24-hour basis. May include pre-schools, infant centers, and extended day care facilities.
2. Day Care Home. The use of a residence to provide day care to 14 or fewer persons, including any children under the age of 10 years who reside at the home.
Drive-in, Retail, or Service. An establishment which accommodates the patrons and their motor vehicles from which the occupants may watch, purchase, or receive goods or services (Includes a drive in bank or pharmacy, drive-up photo finishing, car wash, gas station, mini-mart with gas, automobile lubrication facility, etc.).
Does not include drive through restaurant.
E. E-Definitions.
Educational Facility. Facilities maintained to provide instruction to students for the purpose of developing their faculties and powers, and ancillary activities as determined by the Director. May include, but is not limited to, trade schools, a beauty college, or business college.
Entertainment Facility. A facility offering entertainment open to the public for a fee or by membership subscription including, but not limited to, theaters, live performance venues, and music venues.
F. F-Definitions. No specialized land uses beginning with the letter F are defined at this time.
G. G-Definitions. No specialized land uses beginning with the letter G are defined at this time.
H. H-Definitions.
Home Occupation. Any occupation conducted within the living area of a dwelling unit, by persons living there, which the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character of the property. Also referred to as a "Mail and Telephone Business Listing." Hotel/Motel. A building or group of attached or detached buildings where lodging with or without meals is provided to the general public for compensation typically on a nightly basis in individual sleeping or living units and where a maximum continuous length of stay is no longer then that established for transiency pursuant to Article 8 - 4 (Transient Occupancy Tax) of the Hayward Code. Does not include institutions where any human being is detained under legal restraint.
I. I-Definitions. No specialized land uses beginning with the letter I are defined at this time.
J. J-Definitions. No specialized land uses beginning with the letter J are defined at this time.
K. K-Definitions. No specialized land uses beginning with the letter K are defined at this time.
L. L-Definitions.
Liquor Store. An alcoholic beverage sales establishment primarily involving the sale of alcohol where beer, wine or distilled spirits are sold for off-sale consumption.
M. M-Definitions. No specialized land uses beginning with the letter M are defined at this time.
N. N-Definitions. No specialized land uses beginning with the letter N are defined at this time.
O. O-Definitions.
Office. An establishment which provides administrative or professional services (i.e., law firm, stock broker, insurance, or real estate office), or medical or travel agency services, as well as consulting service offices including architects and accountants. This use excludes business/commercial/financial services.
P. P-Definitions.
Parking Structure. Facilities for the temporary parking of motor vehicles within a privately or publicly owned off-street parking facility. This use includes commercial parking lots and garages. 219
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Passenger Transportation. A service or system which provides transportation between stations or passenger-identified pick-up and drop-off locations (i.e., AC Transit, Amtrak, BART, Greyhound, airport, taxis, pedicabs, and rideshare).
Personal Services. An establishment that provides non-medical services to an individual as a primary use.
Examples of these use include but is not limited to barber shops and beauty salons; nail salons, clothing rental; dry cleaning pick up stores with limited equipment; locksmiths; massage; shoe repair shops; and tailors. These uses may also include, but are not limited to, accessory retail sales of products related to the services provided.
1. Restricted. Personal services that may not be desirable or compatible with certain areas. Dispersal of these uses may reduce any adverse impacts of their placement in these areas, including, but not limited to, payday loan facilities, tattoo parlors, pawn shops, and check cashing facilities.
Public Agency Facility. Facilities, structures and accessory uses which house public agencies including federal, state, or local government, and other agencies such as utility and telephone companies governed by the Public Utilities Commission.
Public Park/Public Gathering. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City which is under the control, operation, or management of the City of Hayward, Hayward Area Recreation District, Alameda County, the East Bay Regional Park District , or the State of California or Federal Government.
Q. Q-Definitions. No specialized land uses beginning with the letter Q are defined at this time.
R. R-Definitions.
Recreational Facility. A private facility maintained to provide a pastime, sport, or exercise and ancillary activities as determined by the Director. The use may be a commercial or non -commercial facility. Under no circumstance, as a primary, permitted or accessory use, may any Recreational Facility be allowed to operate simulated gambling devices as defined in Article 4-16 (Prohibition of Simulated Gambling Devices) of the Hayward Code.
1. Indoor. Includes, but is not limited to, athletic health clubs, gymnasiums, bowling alleys, ice and roller - skating rinks, pool/billiard parlors, and electronic video arcades.
2. Outdoor. Includes, but is not limited to, sport fields or courts, driving ranges, batting cages, skate parks, and golf courses.
Residential. Buildings used a residence. Includes, but is not limited to, single -family, duplex, triplex, and multi-family housing.
Restaurant.
1. General. Any establishment, other than a boarding house or dormitory, where food and beverages are provided for consumption on-premises or off-premises, and where typically, but not necessarily, there are tables, counters, benches, or other public seating facilities provided, or where food is taken off- premises, disposal containers are provided. Includes, but is not limited to, a sit -down dining facility, fast-food restaurant (no drive-through window), donut shop, pizza shop, cafe, bakery, cafeteria, cof fee shop, lunchroom, delicatessen, and ice cream parlor. Does not include alcohol sales.
2. Full Service. A restaurant with incidental bar, cocktail lounge, or other area designated primarily for the service of alcohol on the premises, which operates as part of the restaurant and is subservient to the primary function of the restaurant. Does not include fast food restaurant.
3. Drive-Through. Any high-volume establishment serving food or beverages which utilizes a building design, site layout, or operating procedure whereby customers can drive onto the premises and remain in their vehicles while food or beverages are sold or dispensed. 220
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Retail, General. Stores and shops selling many lines of merchandise for personal or household consumption.
Typical uses may include, but are not limited to, sales of apparel and accessories, antiques, appliances, art and fabric supplies, books, electronics, furniture, jewelry, luggage, office supplies, sporting equipment, as well as department stores, drugstores, flower shops, hardware stores, specialty stores, convenience stores, grocery stores, and variety stores. Does not include the sale of automotive parts or on-site production.
S. S-Definitions.
Studio: Fitness, art, dance, music, etc. Small-scale facilities focused on the instruction of students of any age group. Does not include activities listed in "Entertainment Facility" or "Recreation Facility." Studio facilities includes, but is not limited to, individual and group instruction and training in the arts; production rehearsal; photography, physical fitness, and martial arts training studios; and gymnastics instruction, aerobics, and gymnastics studios with no other fitness facilities or equipment.
T. T-Definitions.
Temporary Use. Short-term activities that are not allowed on a permanent basis but because of their temporary non-permanent intermittent or seasonal nature are acceptable. Includes, but is not limited to, mobile businesses, Christmas tree or pumpkin patch lot, farmer's market, fruit stands, garage sales, and auctions.
U. U-Definitions. No specialized land uses beginning with the letter U are defined at this time.
V. V-Definitions. No specialized land uses beginning with the letter V are defined at this time.
W. W-Definitions. No specialized land uses beginning with the letter W are defined at this time.
X. X-Definitions. No specialized land uses beginning with the letter X are defined at this time.
Y. Y-Definitions. No specialized land uses beginning with the letter Y are defined at this time.
Z. Z-Definitions. No specialized land uses beginning with the letter Z are defined at this time. (Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. D), adopted January 21, 2025)
10-28.6.1.030 GENERAL TERMS
A. A-Definitions.
Adjacent. Sharing a common property line, or with property lines separated only by an alley.
Adjacent Buildings. Two or more buildings located upon adjacent lots.
Allowed Use. Uses that are allowed by right and are not subject to the conditions of approval, mandatory review periods, or expiration periods as required for Conditional Use Permits or Administrative Use Permits.
Applicant. Any person who is filing an application requesting an action who is:
a. The owner or lessee of property;
b. A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Code, and who presents written authorization from the property owner to file an application with the City; or c. The agent of either of the above who presents written authorization from the property owner to file an application with the City.
Approval. Includes both approval and approval with conditions by a review authority of the City. 221
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Architectural Features. Exterior building elements intended to provide ornamentation to the building massing, including, but not limited to, eaves, cornices, bay windows, oriels, window and door surrounds, light fixtures, canopies, and balconies.
Awning. A roof or cover which projects from a wall of a building over a window or door, made of canvas, metal or wood, which may be fixed in place or be retractable.
B. B-Definitions.
Bay Window. A window that projects from the building facade or elevation that begins on the ground floor and can extend to upper floors.
Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade (see Grade), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
Block. An area of land separated from other areas by adjacent streets, railroads, rights of -way, or public areas.
Block Face. The horizontal distance measured from one end of the block to the other end along the same right-of-way.
Block Perimeter. The aggregate of all sides of a block measured along the adjacent right-of-way.
Building. A habitable structure requiring a certificate of conformance, which consists of one or more of the following foundations that surround an interior space: floors, walls, and roofs. May include, but is not limited to, exterior appurtenant structures such as porches and decks.
1. Block-Scale. A building that is individually as large as most or all of a block or when arranged together along a street, appear as long as most or all of a block.
2. Existing. See Structure, Existing.
3. House-Scale. A building that is within the range of size of a small to large house and set apart from other buildings with setbacks.
4. Primary. A building in which the primary use is conducted.
Buildable Area. The area in which a building is allowed to be constructed.
Building Elevation. The exterior wall of a building not adjacent to a public right -of-way, the front or side along a private street, or civic space.
Building Entrance. A point of pedestrian ingress and egress to a building.
Building Facade. The exterior wall of a building adjacent to a public right -of-way, the front or side along a private street, or civic space.
Building Form. The overall shape and dimensions of a building.
Building Frontage, Primary. The length of the property line of any one premises parallel to and along each public right-of-way which it borders and is identified by an address.
Building Type. A structure defined by its combination of configuration, disposition and function.
C. C-Definitions.
Carriage Building. See Section 3.3.040 (Carriage Building).
City. The City of Hayward.
City Engineer. The City Engineer of the City of Hayward. 222
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Civic Space. Land that is improved for civic gathering purposes.
Courtyard Building. See Section 3.3.110 (Courtyard Building).
Cottage Court. See Section 3.3.070 (Cottage Court).
Council. The City Council of the City of Hayward.
D. D-Definitions.
Director. The Planning Director of the City of Hayward.
Detached House. See Section 3.3.050 (Detached House).
Distance Between Entries. The horizontal distance measured parallel to the building facade between entrances to a building or buildings.
Driveway. A vehicular lane within a design site or shared between two sites leading to a garage, or other approved parking or loading area.
Duplex. See Section 3.3.060 (Duplex).
E. E-Definitions.
Encroachment. Any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, oriel window, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or beyond the zero lot line into the public frontage, or above a height limit.
Entry. An opening, such as a door, passage, or gate, that allows access to a building.
F. F-Definitions.
Facade. The vertical surface of a building, generally placed facing a street ("front facade").
Facade Zone. The area between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel.
Facility. An improvement, structure or building that is designed and used for a particular purpose.
Fence. A structure made of wire, wood, metal, masonry, or other material, and typically used as a screen or enclosure for a yard or open space or as a divider along a lot line.
Footprint. The outline of the area of ground covered by the foundations of a building or structure.
Footprint Area. The total square footage contained within a footprint.
Frontage. A strip or extent of land abutting a thoroughfare, civic space, or other public right -of-way. See Figure 1 (Frontage).
1. Private. The area between the building facade and the shared lot line between the public right -of-way and the lot.
2. Public. The area between the curb of the vehicular lanes and shared lot line between the public right - of-way and the lot.
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Figure 6.1.030.1 Frontage
G. G-Definitions.
Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.
Glazing. Openings in a building in which glass is installed.
Grade.
1. Existing. The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall, or architectural or landscape feature. The development services director may require an applicant to provide a third-party report that shows the existing, or natural grade, of a site.
2. Finished. The finished ground level at any point along the exterior walls of a structure. If walls are parallel to and within five feet of a sidewalk, alley or other public way, the level above ground must be measured at the elevation of the sidewalk, alley or public right-of-way.
Gross Floor Area. The total floor area inside the building envelope, including the external walls, but not including the roof.
Ground Floor. The floor of a building located nearest to the level of the existing grade around the building.
H. H-Definitions.
Hayward Code. The City of Hayward's Code of Ordinances.
Height. See Figure 2 (Height).
1. Ground Floor, Finished Floor. Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.
2. Ground Floor, Floor-to-Ceiling. Height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.
3. Primary Building. Height can be determined in two ways: to eave/parapet or maximum overall height. 224
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a. Overall. The vertical distance measured from the midpoint of the lowest and highest points of the structure adjacent to the finished grade to the highest point of the structure. b. Eave/Parapet. The vertical distance measured from the midpoint of the lowest and highest points of the structure adjacent to the finished grade to the highest eave of the building or top of parapet wall.
4. Number of Stories. The number of stories in a structure allowed above grade. A half story is defined as usable living space contained within a sloping roof where the wall plates on at least two opposite exterior walls do not exceed four feet in height.
Figure 6.1.030.2 Height
I. I-Definitions.
Impervious Surface. A surface compacted or covered with a layer of material so it is highly resistant to infiltration of water.
J. J-Definitions. No specialized terms beginning with the letter J are defined at this time.
K. K-Definitions. No specialized terms beginning with the letter K are defined at this time.
L. L-Definitions.
Lined Building. See Section 3.3.140 (Lined Building).
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Lot. A division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded map, or by metes and bounds and includes the terms "plat" and "parcel." See Figure 3 (Lot).
1. Corner. A lot that abuts the intersection of two or more streets at an angle of not more than 135 degrees. Where the angle of intersection exceeds 135 degrees, the area abutting the two streets shall be a front yard.
2. Interior. A lot which is not a corner lot.
Figure 6.1.030.3 Lot
Lot Coverage. The percentage of total lot area occupied by structures and impervious surfaces.
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Director shall determine lot depth for parcels of irregular configuration.
Lot Frontage. The lot line(s) of a lot fronting a thoroughfare, other public way, or a civic space.
Lot Line. Any recorded boundary of a lot.
1. Front.
a. On an interior lot, the property line separating the lot from the street. b. On a corner lot, the shorter property line abutting a street. If the street-fronting lot lines of a corner lot are equal in length, the Director shall determine the front lot line. c. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line
2. Rear. The lot line which is opposite and furthest from the front lot line and does not intersect the front lot line. In the case of an irregular or triangle lot, the rear lot line is parallel to and at a maximum distance from the front lot line, having a minimum length of 10 feet.
3. Side. Any lot line that is not a front lot line or a rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. The Director shall determine the lot width of an irregularly shaped lot.
Lot Width (Net). The lot width exclusive of driveways, right-of-ways, and easements.
M. M-Definitions.
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Main Street (building). See Section 3.3.130 (Main Street Building).
Mid-Rise. See Section 3.3.150 (Mid-Rise Building).
Multiplex. See Section 3.3.080 (Multiplex: Small) and Section 3.3.090 (Multiplex: Large).
N. N-Definitions. No specialized terms beginning with the letter N are defined at this time.
O. O-Definitions.
Oriel Window. A window that projects from the building facade, located on upper floors and may extend for multiple stories.
P. P-Definitions.
Primary Street. A street intended to serve as the principal frontage for a project, to which the front facade and primary building entrance is oriented. Primary streets are intended to provide the greatest degree of pedestrian orientation and access, with less emphasis on vehicular access where it can be avoided.
Primary Use. The main purpose for which a lot is developed and occupied. Also, a principal use.
Q. Q-Definitions. No specialized terms beginning with the letter Q are defined at this time.
R. R-Definitions.
Regulating Plan. A map for a development that identifies transect zones to be applied to replace the existing zones and that identifies the civic and open space types, thoroughfare types, building types, and frontage types for the development. Upon approval of the development, the regulating plan's content is incorporated into the Hayward Zoning Map.
Review Authority. The individual or official City body (e.g., Planning Director, Planning Commission, City Council) identified by this Code as having the responsibility and authority to review and approve or deny a permit application.
Right-of-way. The strip of land dedicated to public use for pedestrian and vehicular movement, which may also accommodate public utilities, that is either publicly owned or subject to an easement for right -of-way purposes benefiting the general public. Right-of-way typically includes streets, alleys, sidewalks, landscape areas, and drainage facilities.
Rowhouse. See Section 3.3.100 (Rowhouse Building).
S. S-Definitions.
Screening. Landscaping, decorative fencing, architectural features, or wall, as allowed by the Downtown Zone, to obstruct the public view of either private area on a design site or of mechanical/utilitarian equipment that does not contribute positively to the streetscape.
Setback. The area measured from the lot line to a building facade or elevation that must be maintained open and unobstructed from finished grade to sky with the exception of specifically permitted encroachments. See Figure 4 (Setback).
1. Front. An area extending the full width of a lot between the front lot line and the front setback line.
2. Side. An area extending the full width of a lot between the side lot line and the side setback line.
3. Street Side. An area extending the full width of a lot between the street side lot line and the street side setback line.
4. Rear. An area extending the full width of a lot between the rear lot line and the rear setback line.
5. Parking. The mandatory clear distance between a lot line and parking. 227
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Figure 6.1.030.4 Setback
Site Plan. A plan that is to scale and illustrates the proposed physical changes on a lot.
Stacked Flats Building. See Section 3.3.120 (Stacked Flats Building).
Stacking area. The stacking area is the space occupied by vehicles queueing for the service to be provided in a drive-through business.
State. The State of California.
Structure. Anything constructed or erected, except fences not exceeding six feet in height, which requires permanent location on the ground or is attached to something having location on the ground.
1. Accessory. A subordinate structure, the use of which is incidental and secondary to that of the main structure on the same lot. "Accessory structure" does not mean "Accessory Dwelling Unit."
2. Existing. A structure legally erected prior to the effective date of this Ordinance, or one for which a valid legal Building Permit has been issued before this effective date of this Ordinance.
T. T-Definitions. No specialized terms beginning with the letter T are defined at this time.
U. U-Definitions.
Use. The specific purposes for which land or a building is designated, arranged, or intended, or for which it is or may be occupied or maintained.
Unit. See "Dwelling Unit."
V. V-Definitions. No specialized terms beginning with the letter V are defined at this time.
W. W-Definitions. No specialized terms beginning with the letter W are defined at this time.
X. X-Definitions. No specialized terms beginning with the letter X are defined at this time.
Y. Y-Definitions. No specialized terms beginning with the letter Y are defined at this time.
Z. Z-Definitions. No specialized terms beginning with the letter Z are defined at this time. 228
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