Division 10-24.4.3 — MINOR MODIFICATIONS

Modifications to the dimensional requirements of property development standards may be granted pursuant to Section 10-1.2830, Conformance-Administrative Modification, of the Hayward Zoning Code and as specifically identified in any section of this Code.

A.

The purpose of a Minor Modification is to streamline and expedite the permitting process by authorizing the Planning Director to allow minor deviations from certain code standards when such requests constitute a reasonable use of the property but are not otherwise permissible under a strict application of this Chapter.

B.

The provisions of this Division are intended to ensure that development of property within Mission Boulevard Corridor Zones:

1.

Makes a positive contribution to existing development on neighboring properties;

2.

Ensures that new or altered structures are compatible and harmonious with the design and use of existing structures on neighboring properties;

Respects the existing views, privacy, and access to light and safety of neighboring properties; and

4.

Does not adversely affect neighboring properties, with "adversely affect" to mean to impact in a substantial, negative manner the economic value, habitability, or enjoyability of these properties.

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 10-24.4.3.040 (Findings for a Decision on a Minor Modification).

B.

The Planning Director may approve a Minor Modification as specified in Table 4.3.030.A (Minor Modifications Allowed), only after first determining that the requested modification complies with the findings specified in Section 10-24.4.3.040 (Findings for a Decision on a Minor Modification).

C.

A request for a modification beyond modification allowed in Section 10-24.4.3.030 (Modification Allowed) may apply for a Variance in compliance with Section 10-1.3300 (Variance) of the Hayward Zoning Code, as appropriate.

10-24.4.3.040 - MODIFICATION ALLOWED

A.

General Modification. The Planning Director may approve a Minor Modification in any Mission Boulevard Corridor Zone for a modification of up to 20 percent of any measurable standard prescribed in this Code, only after first determining that the requested modification complies with the findings specified in Section 10-24.4.3.040 (Findings for a Decision on a Minor Modification).

B.

Additional Modification. In addition to the modification allowed under Subsection A, the Planning Director may approve a modification as provided in Table A (Minor Modifications Allowed). If the modification in Table A (Minor Modifications Allowed) is less permissive than Subsection A., Table A supersedes.

The Planning Director shall review and approve or disapprove an application for a Minor Modification, with or without conditions, only after the following findings are made:

A.

There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) that the strict application of the Code could deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

The special circumstances applicable to the property are not self-imposed by any person presently having and interest in the property;

C.

Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

D.

The requested Minor Modification will not allow the establishment of a use that is not allowed in the zone;

E.

The requested Minor Modification will not allow an increase in height or density beyond which is allowed in the base zone; and

F.

The proposed project will comply with all applicable standards in this Code.

A.

Each Minor Modification application must be reviewed on an individual case-by-case basis.

B.

A request for modification that exceeds 10 percent of the required standard is subject to notice in compliance with Section 10-1.2820 (Notice) of the Hayward Zoning Code.

C.

A decision on a Minor Modification may be appealed in compliance with Section 10-1.2845 (Appeal and Review Process) of the Hayward Zoning Code.

DIVISION 10-24.4.4: - TEMPORARY USE PERMIT

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 1024.4.4.030 (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.

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.

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 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.

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.

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.

SUBARTICLE 10-24.5: - DEFINITIONS

DIVISION 10-24.5.1: - GENERAL TERMS AND DEFINITIONS

This Subarticle describes and classifies land uses and terms that apply to the Mission Boulevard Corridor Zones. This Subarticle supplements, and supersedes, if in conflict with, the terms defined in Section 10-1.3500 (Definitions) in the Hayward Zoning Code. Where this Subarticle is silent, the definitions of the Hayward Municipal Code apply.

Land uses are defined in Article 1, Section 10-1.3500, Definitions, of the Hayward Zoning Code.

Block. An area of land separated from other areas by adjacent streets, railroads, rights-of-way, or public areas.

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 Façade. The vertical surface of a building, generally placed facing a frontage line ("front facade").

Civic Space. Land that is improved for civic gathering purposes.

Commercial. The term collectively defining workplace, Office, Retail Sales, and Lodging Functions.

Density. The number of dwelling units within a standard measure of land area.

Dooryard. A Frontage Type wherein the main facade of the building is set back a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard (see Section 10-24.3.3.100).

Driveway. A vehicular lane within a site or shared between two sites leading to a garage, or other approved parking or loading area.

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.

Enfront. To place an element along a Frontage, as in "porches Enfront the street."

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.

Forecourt. A Frontage Type wherein the main facade of the building is at or near the frontage line and a small portion of the building is set back (see Section 10-24.3.3.090).

Front Yard. A Frontage Type wherein the main facade of the building has a planted setback from the frontage line (see Section 10-24.3.3050).

Frontage. A strip or extent of land abutting a thoroughfare, civic space, or other public right-of-way.

Private Frontage. The area between the building facade and the shared lot line between the public right-of-way and the lot.

Public Frontage. The area between the curb of the vehicular lanes and shared lot line between the public right-ofway and the lot.

Frontage Line. A lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines.

Gallery. A Frontage Type wherein the main facade of the building is at or near the frontage line and a cantilevered shed or colonnade overlaps the sidewalk in the right-of-way (see Section 10-24.3.3.140).

Green. A Civic Space Type wherein a natural preserve or open space is available for unstructured recreation (see Section 10-24.3.4.060).

Greenway. A Civic Space Type wherein linear space is available for community gathering and strolling for nearby residents and employees (see Section 10-24.3.4.050).

Height

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 (see Section 10-1.3510 in the Hayward Municipal Code).

Ground Floor, Finished Floor. Height from finished grade to the top of the flooring material of the ground floor.

Ground Floor, 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.

Figure 6.1.030.1 Height

Lot Width, net. The lot width excluding portions of the lot dedicated to driveways or access, including fire access.

Maker Shopfront. A Frontage Type wherein the main facade of the building is at or near the frontage line with an at-grade or elevated entrance from the sidewalk (see Section 10-24.3.3.110).

Parking Structure. Facilities for the temporary parking of motor vehicles within a privately or publicly owned offstreet parking facility. This use includes commercial parking lots and garages.

Playground. A Civic Space Type wherein open space is designed and equipped for the recreation of children (see Section 10-24.3.4.090).

Pocket Plaza. A Civic Space Type wherein open space is available for civic purposes and commercial activities (see Section 10-24.3.4.080).

Porch: Engaged. A Frontage Type wherein the main facade of the building is setback from the frontage line with an attached porch that has two adjacent sides that are engaged to the building while the other two sides are open (see Section 10-24.3.3.070).

Porch: Projecting. A Frontage Type wherein the main facade of the building is setback from the frontage line with an attached porch that is open on three sides and all habitable space is located behind the building setback line (see Section 10-24.3.3.060).

Primary Entrance. The main point of access for pedestrians into a building.

Regulating Plan. A map for a development that identifies zones to be applied to replace the existing zones. Upon approval of the development, the regulating plan's content is incorporated into the Hayward Zoning Map.

Residential. Characterizing premises available for long-term human dwelling.

Shopfront. A Frontage Type wherein the main facade of the building is at or near the frontage line with at-grade entrance along the sidewalk (see Section 10-24.3.3.120).

Sidewalk. The paved section of the Public Frontage dedicated to pedestrian activity.

Square. A Civic Space Type wherein a neighborhood available for civic purposes, recreation, and passive uses (see Section 10-24.3.4.070).

Stoop. A Frontage Type wherein the main facade of the building is near the frontage line and the stoop engages the first floor with the sidewalk (see Section 10-24.3.3.080).

Terrace. A Frontage Type wherein the main facade is set back from the frontage line with an elevated terrace (see Section 10-24.3.3.130).