Division 10-24.3.5 — SPECIFIC TO USES

A.

Class 1 Telecommunication Facilities. The following Telecommunication Facilities are classified as Class 1 facilities within the Code Area:

Any Telecommunication Facility directly affixed to a building or structure, provided that all components of the facility are designed in a manner to be architecturally consistent with the building or structure. Examples include, without limitation, Telecommunications Facilities concealed within existing structures such as attics, cupolas, steeples, stanchions, bell towers, or similar structures, mounted to the penthouse of a building to appear as part of the architecture.

2.

A ground-mounted or building-mounted receive-only radio or television satellite dish antenna which exceeds 36 inches in diameter but is not larger than 8 feet in diameter, provided the height of said dish does not exceed the height of the roof ridge line of a structure on which it is to be installed or is screened from view from the public right-of-way.

3.

Any freestanding Telecommunications Facility designed to blend into the surrounding natural or man-made environment in order to minimize the overall visual impact. Examples include, without limitation, flag, telephone or light poles, palm trees, windmills, or rock formations and other similar items.

4.

Any Telecommunications Facility proposed to co-locate on another freestanding existing Telecommunications Facility.

5.

Government-owned and government-operated antenna(s).

The descriptions of Class 1 Telecommunication Facilities found in Hayward Zoning Code Subsection 1013.070.a(1) through (8) are inapplicable to the Code Area.

B.

Allowed Facilities.

1.

Class 1 Telecommunication Facilities may be located in any zone within the Code Area subject to Telecommunication Site Review approved by the Planning Director in accordance with Municipal Code Chapter 10, Article 13 (Antenna and Telecommunications Facilities Ordinance).

2.

Class 2 and Class 3 Telecommunication Facilities are prohibited in the Code Area.

C.

Required Findings. In addition to the findings required by Hayward Zoning Code Section 10-13.070 and in order to approve a Telecommunications Site Review application, the Planning Director must find the proposed Telecommunication Facility is:

Sited and designed so as to be architecturally integrated such that it is virtually invisible to the naked eye from public streets and Civic spaces;

2.

The design, finish, colors and texture are non-reflective and blend with the surrounding natural and/or man-made environment; and

3.

If freestanding or pole-mounted, the height is the minimum necessary without compromising reasonable reception or transmission.

D.

Other Requirements. All other requirements of Hayward Zoning Code Article 13 (Antenna and Telecommunications Facilities Ordinance), apply.

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 requirement 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.

4.

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 101.2735.e (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 Uses. The following temporary uses and events require a Temporary Use Permit in compliance with Division 10-24.4.4 (Temporary Use Permits), 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, are 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;

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 Planning 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)

DIVISION 10-24.3.6: - STANDARDS FOR LARGE SITES

10-24.3.6.010 - PURPOSE AND APPLICABILITY

A.

The intent of this Division is to:

1.

Create and reinforce compact and walkable urban environments with a mix of uses;

2.

Promote development patterns that support effective and convenient multi-modal transportation options, including pedestrian, bicycle, and public transit; and

3.

Provide opportunities for auto-oriented suburban contexts to transform into walkable urban development.

B.

The standards of this Division apply to new development or subdivision on sites that are two acres or larger in size or with more than 600 feet of cumulative front and side street frontage.

Sites subject to this Division must obtain Major Site Plan Review in compliance with Section 10-1.3000 (Site Plan Review) of the Hayward Zoning Code and the requirements of this Division.

10-24.3.6.030 - DEVELOPMENT REQUIREMENTS

A.

Block Size.

1.

The total block perimeter must comply with the standards established in Table A (Block Size).

2.

If a block or site contains multiple zones, smallest applicable block perimeter applies.

B.

Thoroughfares. Thoroughfares, public or private, define the streets, pedestrian paths, and bicycle routes that refine large sites into walkable urban environments that may also provide multiple routes for vehicular circulation.

1.

General to All.

a.

Thoroughfares are intended to provide multi-modal access to lots and civic spaces.

b.

Thoroughfares shall consist of vehicular lanes (including parking and bicycle lanes) and public frontages (including sidewalks and amenities) consistent with City complete streets principles and City plans for improvements.

c.

Pedestrian comfort shall be a primary consideration of the thoroughfare.

d.

Where presented, design conflicts between vehicular and pedestrian movement generally shall be decided in favor of the pedestrian.

2.

Design.

a.

Thoroughfares must comply with Department of Public Works and Utilities standards.

b.

The thoroughfare network must indicate the layout on streets, pedestrian paths, and bicycle facilities (as appropriate), and the block network in compliance with standards in this Subsection and Subsection A.

c.

Thoroughfares shall accommodate sidewalks, Bicycle Lanes, Bicycle Routes and Bicycle Trails (if applicable) consistent with the City of Hayward Bicycle and Pedestrian Master Plan and any other plans for network improvements.

d.

Thoroughfares that pass through multiple zones must transition to align with the character of the zone. For example, while a thoroughfare within a Mission Boulevard-Corridor Center (MB-CC) Zone with retail shops may have wide sidewalks with trees in tree grates, it may transition to a narrower sidewalk with a planting strip within a less urban zone with lower intensity residential uses (e.g., Mission Boulevard-Corridor Neighborhood (MB-CN) Zone).

3.

External Connectivity.

a.

Thoroughfares must be arranged to connect to existing or proposed thoroughfares into adjoining lands whether the adjoining lands are undeveloped and intended for future development, or if the adjoining lands are developed and include opportunities for such connections.

b.

Thoroughfare rights-of-way must be extended to or along adjoining property boundaries to provide a roadway connection or thoroughfare stub for development in compliance with the standards in Subsection A (Block Size).

c.

The site plan must identify all stubs for thoroughfares and include a notation that all stubs must connect with future thoroughfares on adjoining undeveloped property.

d.

Dead-end streets and cul-de-sacs are not allowed. This does not apply to public or private driveways leading to parking facilities, including garages, parking lots, or parking structures.

4.

Specific to Bicycle and Pedestrian Connections. The site circulation system must include a system of bicycle and/or pedestrian paths that, at minimum, include the following:

a.

Internal Connections. A system of pedestrian walkways shall connect all buildings on a side to each other, to onsite automobile and bicycle parking areas, and to any on-site common open space areas, civic spaces, or pedestrian amenities. Walkways must be physically separated from drive aisles, except when crossing a drive aisle.

b.

External Connections.

(1)

Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c.

Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

d.

Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

e.

Pedestrian access must consist of an accessible, easily discernible, well-lit, and ADA compliant walkway a minimum of 5 feet in width.

C.

Civic Space. Minimum of 10 percent of the net project area must be designed as civic space in compliance with Division 10-24.3.4 (Civic Space). Net project area is the area after subtracting streets right-of-way from the project area.

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

SUBARTICLE 10-24.4: - PERMITS AND PROCEDURES DIVISION 10-24.4.1: - PURPOSE

This Subarticle establishes the review procedures for the administration of the Code and to ensure that each new or expanded use or structure complies with the applicable requirements of this Code and the Hayward Municipal

Code.

This Subarticle applies to the use and development of property within the Code Area and shall be considered in addition to the applicable permit and review procedure requirements in any other section of this Code or the Hayward Municipal Code.

DIVISION 10-24.4.2: - SITE PLAN REVIEW

Site Plan Review, pursuant to Section 10-1.3000 of the Hayward Zoning Code, is required for all development projects and uses. If the project also requires Planning Commission approval, the project shall be processed and reviewed concurrently by the Planning Commission.

On sites of two or more acres or with more than 600 feet of street frontage, Major Site Plan Review, pursuant to Section 10-1.3075 of the Hayward Zoning Code, shall be obtained prior to any subdivision or other approval for new development.